-Caveat Lector-

from:
http://www.seattletimes.com/news/business/html98/twa_19991209.html
Click Here: <A
HREF="http://www.seattletimes.com/news/business/html98/twa_19991209.html">Seat
tle Times: Boeing lawyers still saying miss�</A>
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Thursday, December 9, 1999, 11:22 a.m. Pacific

Boeing lawyers still saying missile may have downed TWA Flight 800


by James V. Grimaldi
Seattle Times Washington bureau

WASHINGTON - Boeing said this week that the lack of evidence as to what
sparked the blast that downed TWA Flight 800 three years ago points to an
"external source," such as a bomb or missile.

Boeing's statement in court documents Tuesday is the strongest to date
revealing an aggressive legal defense that blames the 747 crash on a bomb or
missile - which the FBI and National Transportation Safety Board long ago
ruled out.

"That the NTSB in over three years of exhaustive investigation has been
unable to identify any potential ignition source aboard the aircraft suggests
that an external source caused the explosion," Boeing said. "Unless and until
such time as a cause is determined, ignition sources external to the aircraft
- of any type - cannot be ruled out."

Boeing, the nation's second-largest defense contractor, acknowledged in the
documents that "Boeing has no direct evidence that Flight 800 was brought
down by a missile fired by the United States military or any other United
States government entity."

But, the company added, it is still too early to rule out even a government-fi
red missile before reviewing all of the FBI reports, and because Boeing
consultants, the company says, have had only limited access to the wreckage.

The NTSB is expected to issue a cause sometime next year on the crash. All
230 aboard the July 1996 flight from John F. Kennedy Airport to Paris were
killed when the plane blew up off Long Island, N.Y.

The comments, signed by Seattle attorneys Keith Gerrard and Steve Bell of the
firm Perkins Coie, are in response to pretrial questions, called
interrogatories, posed by lawyers for families suing Boeing over the crash.

They also come on the heels of microscopic testing on the wreckage of TWA
Flight 800 demanded by Boeing. Parts of the fuselage were obtained from the
NTSB and tested at an independent laboratory in Chantilly, Va., last month to
look for traces of a bomb or missile.
According to a source close to the case, the plaintiffs' attorneys believe
the results show no evidence that a missile or a bomb was involved. Lawyers
for the families of those killed declined to comment, but the tests are
expected to be discussed as early as this afternoon at a pretrial hearing
before the U.S. District Court in Manhattan.

The NTSB has determined the plane crashed when the center fuel tank blew up
after the 747 sat on a hot Tarmac with the air-conditioner unit, situated
under the tank, running for at least two hours before takeoff. The board is
seeking changes to the design of the fuel tanks.

While Boeing's attorneys pursue bomb theories, company safety engineers say
they are pursuing other matters. Ron Hinderberger, director of airplane
safety, said Boeing takes seriously the NTSB's concern about fuel-tank
flammability.

"My calendar is filled with working the fuel-system-safety enhancements and
the investigation from the standpoint of what we are doing to get changes out
there," Hinderberger said. "I'm not spending my time on missiles or whether a
missile was or was not involved."

Boeing's use of the continuing NTSB investigation as a defense tactic while at
 the same time participating in the investigation of the crash is identified
as a major problem in a report released today. The Rand Corp. is suggesting
an overhaul of the investigation process while still permitting "parties" to
the crash, such as companies as Boeing, to play a vital role in determining
the cause.

Rand identifies TWA Flight 800 as a "complex-system event" in which the cause
of the crash leaves "no permanent record to discover in the wreckage." In
those cases, the attorneys and insurance companies are playing a greater role
of influence on their "party" representatives involved in the investigation,
the Rand report found.

"NTSB investigations of major commercial aviation accidents have become
nothing but preparation for anticipated litigation," the Rand report found.

Family members of victims have complained angrily about Boeing's role in the
investigations and point to the bomb-or-missile legal strategy as an example.

William Rogers of Montoursville, Pa., whose daughter, Kim, 17, died in the
crash, said the bomb-or-missile theories "stab you right in the heart every
time you hear it."

Boeing attorneys, Rogers contends, "want to place some doubt in the minds of
the potential jury pool. They quite obviously are mistaken. It is not out of
the realm of infinite possibility, but it is not in the plausible realm, and
they know that."

Information from Seattle Times aerospace writer Chuck Taylor was included in
this report.


Copyright � 1999 The Seattle Times Company
-----
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