(Cohoes, New York – September 13, 2011)
The driver of a car which was struck by a Canadian Pacific freight train pulled by a Norfolk Southern Railroad locomotive was obviously blinded by the sun, according to a report finally able to be completed by the Cohoes, NY Police Dept. over a month after the tragedy that killed one and seriously injured another of a married couple in their 70’s.
Investigation into the August 5 accident at the crossing of CP Railroad tracks and New Courtland Street in Cohoes, NY was delayed when Norfolk Southern, citing a federal exemption from being forced to turn over evidence, waited nearly a month to allow police to view a videotape of the collision taken by the nose camera of the locomotive.
Even though a NS representative showed the video to the chief, assistant chief and two accident investigators, authorities were still refused a copy of the possibly edited video. Police have indicated no charges will be filed against the driver, Raymond Bagley, whose wife, Joan, died in the accident, but there are those who think the railroad should be charged with obstruction of justice.