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NY Judge Allows Flight 3407 Recording At Trial

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A massive cloud of smoke rises into the night sky after Continental Flight 3407 crashed into a house outside of Buffalo on Feb., 12, 2009. (credit: CBS 2)

A massive cloud of smoke rises into the night sky after Continental Flight 3407 crashed into a house outside of Buffalo on Feb., 12, 2009. (credit: CBS 2)

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BUFFALO, N.Y. (AP) – Families suing over the 2009 crash of Continental Connection Flight 3407 will be allowed to use the cockpit voice recording at trial.

A federal judge in Buffalo agreed with lawyers for the families who argued the written transcript is incomplete and the actual sound is necessary for a fair trial. In a decision dated Tuesday, he ordered the recording turned over to lawyers and told them to come up with a way to prevent it from being publicly released so potential jurors won’t be influenced.

The case is set for trial in 2012.

Defendants Colgan Air, which operated the Newark-to-Buffalo flight, along with Colgan parent Pinnacle Airlines, had argued the written transcript was sufficient and that releasing the sound would invade the flight crew’s privacy.

Pilot error has been blamed for the crash onto a house near Buffalo. Fifty people were killed.

(Copyright 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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