As the families await word from the Department of Justice (DOJ) regarding its next steps in the criminal prosecution of Boeing following two deadly crashes five years ago, the attorney for families on Monday, June 24, 2024, filed a motion for reconsideration before the Texas federal judge to reconsider his earlier ruling denying an independent corporate monitor of Boeing’s facilities.
Citing recent safety incidents and concerns since the ruling of Judge Reed O’Connor in February 2023, Professor Paul Cassell of the S.J. Quinney College of Law at the University of Utah, attorney for the families, asked the judge to “rapidly install a judicial monitor of Boeing to ensure public safety.” According to the motion filed this afternoon, ”the families know all too well the deadly consequences that can follow from delaying consideration of safety issues.”
In May, the Justice Department determined that Boeing violated a Deferred Prosecution Agreement (DPA) in connection with a pending criminal conspiracy charge against Boeing. The Department’s determination followed numerous and widely reported safety issues at Boeing, including a door plug blowing off a mid-air flight of a Boeing jet in January.
Among the recent and serious safety issues raised in the motion were not only the January 5 door plug blow out but also many other Boeing safety issues — including the grounding of an aircraft following a “Dutch roll” on a May 25 flight from Phoenix, Arizona, to Oakland, California, with 175 passengers and six crew members on board. The Federal Aviation Administration is reportedly investigating the incident.
The motion highlights as a precipitating reason for the filing the Senate testimony last week by Boeing CEO Dave Calhoun. Calhoun testified on June 18 before the Senate’s Permanent Subcommittee on Investigations that he is “proud of every action we have taken” at Boeing. The motion expresses alarm that Calhoun is not taking additional steps to protect public safety and asks Judge O’Connor to order an independent monitor of Boeing’s safety efforts.
The families also ask for an expedited briefing schedule on the issues raised in the motion, “which go to the public safety and the risk of a potential catastrophic third crash.”
Professor Cassell stated that:
“Through this motion, the victims’ families continue their efforts to hold Boeing accountable for what has been accurately described by Judge O’Connor as ‘the deadliest corporate crime in U.S. history.’ Boeing’s lack of full and transparent safety efforts requires an aggressive response. Only an independent, judicially appointed monitor can restore Boeing’s credibility and implement the safety measures that the flying public deserves.”
The Motion was filed in U.S. District Court for the Northern District of Texas, Fort Worth Division. Case No. 4:21-cr-005-O-1
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