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9/11 air traffic tape
destroyed
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| | By Thomas Frank Staff
Writer
May 6, 2004, 9:58 PM
EDT
A tape made hours after the Sept. 11 attacks that
recorded statements of air-traffic controllers on Long Island was
destroyed and never given to authorities, a federal investigation
reported Thursday.
The hour-long tape of six controllers who
tracked the planes flying toward the World Trade Center was cut into
small pieces a few months later by a manager at the New York Air
Route Traffic Control Center in Ronkonkoma.
The manager,
identified by officials as Kevin Delaney, told investigators that
making the tape contradicted Federal Aviation Administration policy
and that the recordings were "of minimal value" because controllers
also gave written statements about the hijackings.
Delaney
added that because controllers were stressed on Sept. 11, 2001, they
"were not in the correct frame of mind to have properly consented to
the taping," said a report by Transportation Department Inspector
General Kenneth Mead.
Delaney faces a 20-day unpaid
suspension and filed an administrative appeal, an official familiar
with the probe said.
The FAA is looking into disciplining
center manager Mike McCormick, who withheld the tape from superiors
after agreeing to the controllers' union condition that the tape be
destroyed once written statements were recorded. McCormick is now
working for the FAA in Iraq helping establish an air-traffic-control
center.
The tape's value is unclear because no one ever
listened to it, transcribed it or duplicated it, the investigation
found.
Its existence was not known outside the Ronkonkoma
center until October, when the independent commission investigating
Sept. 11 was gathering records from the FAA and found an evidence
log that mentioned the tape. The center monitors high-altitude
planes in the metropolitan area.
FAA spokesman Greg Martin
said the tape "would not have added in any significant way to the
information already provided." The FAA has given the commission
150,000 pages of documents, 230 hours of tapes from Sept. 11, radar
trackings of the planes and digital recordings, Martin
said.
Kristen Breitweiser of New Jersey, whose husband,
Ronald, was killed in the trade center and who closely monitors the
commission, was "furious."
"That's destruction of crucial
evidence, and the person [who destroyed it] should be held
criminally liable," she said.
Mead said he gave information
to the office of Roslynn Mauskopf, U.S. attorney for the Eastern
District of New York, who declined to bring charges due to "lack of
criminal intent and prosecutive merit."
Sen. John McCain
(R-Ariz.), who had requested Mead's investigation, called the
destruction of the tape "disturbing" and said he may hold a
hearing.
The commission said it would consider Mead's
investigation in its report.
McCormick made the tape starting
at 11:40 a.m. on Sept. 11 by having controllers gather in a
windowless room and speak into a microphone for five to 10 minutes
each. McCormick told investigators he feared controllers would take
sick leave, and he wanted a record of their accounts "to be
immediately available for law enforcement."
When McCormick
sought approval from Mark DiPalmo, head of the controllers union in
Ronkonkoma, DiPalmo expressed concern because tape recordings are
not typically made of controllers after an aviation incident, though
they are not prohibited.
McCormick assured DiPalmo that the
tape would be given only to law enforcement and would be "a
temporary measure until written statements could be prepared,"
according to the investigation.
Asked Thursday if the tape
was to be destroyed, DiPalmo said, "I don't think I'm prepared to
comment on that. The tape was not in my custody."
McCormick
withheld the tape from the "formal accident package" the center gave
the FAA in November 2001.
Delaney, who was the center's
acting quality-assurance manager, told investigators he destroyed
the tape between December 2001 and February 2002, because "he felt
strongly that the tape never should have been made." He is now a
center operations manager.
The probe said the tape was an
original record and should have been kept for five years under FAA
policy. Destroying evidence, it added, "has the effect of fostering
an appearance that information is being withheld from the
public."
The probe also found that the FAA didn't
intentionally withhold documents from the 9/11
commission.
Staff writers Sylvia Adcock and Anne Q. Hoy
contributed to this story.
Copyright © 2004, Newsday,
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