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TRAIN TAPES REVEAL CROSSED MESSAGES
(As reported in Daily Herald)
By Justin Kmitch
February 8, 2001

Attorneys searching for the cause of a Jan. 9 train crash that injured three people at a Bloomingdale crossing believe they have uncovered the most critical piece of evidence for their case.

Tape recordings of communications between an Illinois Central Railroad dispatcher and the train crew reveal a miscommunication between dispatcher Robert Haas and the conductor that attorneys say caused a freight train to hit an SUV and injure its occupants.

The audiotapes were released to news media Wednesday at a press conference in Chicago.

Shortly before the noon crash, signal maintainer Ken Roberts can be heard telling Haas that previously malfunctioning rail crossings at Schmale and Wolf roads had been repaired. But Roberts made no mention of the Army Trail Road crossing just west of Gary Avenue that neighbors say had been malfunctioning for weeks.

Because of the malfunctioning gates, all train crews passing through the crossing were ordered to "stop and protect" the crossing as the train slowly rolled through. That means crew members were supposed to get off the train and flag traffic.

On the recording, however, Haas can be told telling the train's crew members that the Army Trail Road crossing "has been repaired."

"Haas clearly had no right to tell the conductor and engineer that they shouldn't stop at Army Trail if he didn't know the crossing was working properly," said attorney Tim Cavanagh, who is representing victims Francisca and Fidel Velarde, both 72 and from Addison, in a civil suit.

"Had conductor Dallas Harken not been told that he did not have to stop, this accident would not have happened."

Not long after being told they no longer had to stop and protect the crossing, the crew drove the train through the intersection at speeds near 50 mph when it hit the vehicle.

Hours after the accident, Haas can be heard telling an unidentified man that "I got to looking up, and I don't see my piece of paper telling me what I did and I guess I screwed up."

Canadian National/Illinois Central Railroad spokesman Jack Burke said the railroad is not disputing anything that was said on the tapes, but said he is not convinced Haas' statement that he "screwed up" was related to the miscommunication that caused the crash.

"(Haas) could have been talking about a number of things," Burke said. "But I'm not going to speak for him."

Burke would not comment on Haas' employment status with the railroad, but did say that "appropriate action has been taken based on the findings of our investigation."

The railroad is expected to report to the Federal Railroad Administration on the findings of its investigation.

The civil case, however is pending in Cook County circuit court. Cavanagh said he hopes to have the trial under way before the end of the year.

All three occupants of the vehicle are still recovering from their injuries. Francisca Velarde suffered a closed head injury, and doctors say she suffers from post concussion syndrome. Her husband, Fidel, also suffered a closed head injury, a torn aorta, fractured ribs and is having surgery next week to remove fluid from his brain.

The driver of the vehicle, the Velardes' daughter, Lilia Apuello, 39, of Carol Stream, suffered a broken arm.


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