More Nonsensical Legal Wrangling in Support of OCT
NY Sept. 11 wrongful death trial focus may narrow
By LARRY NEUMEISTER
Associated Press
NEW YORK - A judge on Friday urged lawyers in the June trial of the only wrongful death case remaining from the Sept. 11 attacks to see if they can trim the number of defendants, but one lawyer cited lingering questions over how weapons made it onto the plane as a reason why a Boston airport might need to remain in the case.
U.S. District Judge Alvin Hellerstein during a pretrial hearing invited an airport security company and the Massachusetts Port Authority to submit written arguments if they want to be eliminated as defendants in a case brought by the family of Mark Bavis, of West Newton, Mass., against United Airlines and airport security companies. A lawyer for the Port Authority promised to do so.
"I've been pushing for the elimination of defendants," Hellerstein said, adding that his efforts had been largely unsuccessful.
Bavis was a scout for the Los Angeles Kings hockey team when he died aboard United Flight 175 at the World Trade Center on Sept. 11, 2001. The lawsuit brought by the Bavis family is the only one of 95 lawsuits brought on behalf of 96 victims in the attacks that has not been settled. All but 3 percent of the families of relatives killed in four planes taken over by terrorists on Sept. 11 chose to receive payments from a special fund Congress established. It distributed more than $7 billion to over 5,000 survivors.
Donald Migliori, a lawyer for the Bavis family, told Hellerstein it was necessary to keep the Massachusetts Port Authority, the operator of Boston's Logan International Airport, in the case because there may be disagreements over how the hijackers managed to get weapons on the plane.
"It may have come through catering. It may have come in from another source," Migliori said, citing the responsibility of the airport to keep its facilities secure.
The lawyer said at an earlier hearing that items that improperly made it onto hijacked planes that day included Mace, pepper spray, box cutters and a Leatherman utility tool.
The judge said the origination of the Mace was important because it was one of the means by which terrorists took control of the plane.
"What you're telling me is nobody has any real proof" as to how the items made it on board, the judge said.
The judge said he was looking forward to the trial, which was expected to last one month.
"Professionally, I think it's going to be extraordinary," he said. He added that he expected it would become a lesson for future law school students.
http://www.heraldtribune.com/article/20110225/APN/1102251303
more on that alleged phone call from Atta
9/11 phone link twist
By BRUCE GOLDING
Last Updated: 6:49 AM, February 26, 2011
Posted: 12:23 AM, February 26, 2011
The FBI hasn't been able to substantiate claims that 9/11 ringleader Mohamed Atta got a call from a United Airlines worker's cellphone on the day of the attacks, The Post has learned.
A Justice Department letter obtained yesterday says that while details of the probe "are protected from disclosure . . . the FBI has found no credible evidence to support this allegation."
The letter was sent to Manhattan federal Judge Alvin Hellerstein earlier this month in connection with the pending deposition of United employee Julie Ashley by lawyers for the family of Los Angeles Kings hockey scout Mark Bavis, who died when terrorists crashed United Flight 175 into the World Trade Center.
Ashley, whose husband is an Iranian-born pilot who was jailed for three months on mistaken suspicion of ties to some of the hijackers, has denied any contact with Atta or his confederates.