Speeding at over 106 mph into a 50 mph turn in Port Richmond, Penn, 32-year-old Amtrak engineer Brandon Bostian claims, through his attorney Robert Goggin, he has amnesia over the incident. Goggin denies Bostian refused to give investigators information, including the Philadelphia or National Transportation and Safety Board, insisting his client has no recollection of the crash. Bostian’s memory was apparently—concussion and all—good enough to contact an attorney to present his side of the story. Saying his client was “very distraught,” Goggin offers no explanation for why his client had Amtrak’s Northeastern Train 118 going over 106 mph into a 50 mph curve, rolling the train, killing eight and injuring over 100. Googin insisted Bostian turned over his cell phone and “voluntarily” gave blood samples. “I asked him if he had any medical issues,” said Goggin, prompting a negative response.
Goggin’s selective questioning finds himself on slippery ground with regard to his amnesia defense. “He said he had none [medical problems]. He’s on no medications . . . He has no health issues to speak of and just has no explanation,” insisted Goggin, yet has exculpatory explanations why he should get off the hook: Retrograde amnesia from a blow to the head. Despite claiming Bostian has a concussion, he presents no medical proof, including the sophisticated neurological testing needed to prove retrograde amnesia. Claiming “he remembers driving the train,” Goggin walks on thin ice with his amnesia theory. “He remembers going to that area generally [but] has absolutely no recollection of the incident or anything unusual,” insisted Goggin, giving too much information for his client’s own good. Retrograde amnesia doesn’t display the kind of selective memory revealed by Goggin.
Goggin claims his client has no memory of the so-called incident, namely, the derailment. “He recalls being thrown around, coming to, finding his bag, getting his cell phone and calling 911,” said Goggin, displaying the inconsistency with a retrograde amnesia diagnosis. If Bostian doesn’t recall the incident, he wouldn’t recall getting tossed around, presumably before the blow to the head. Explaining how Bostian leaned the details of the crash, Goggin claims he listened to the TV. “The television was on in the police district, and the constant count and recounting of the incident was being broadcast in his face all morning, and he was distraught,” insisted Goggin. Recounting details of Bostian’s selective memory, Goggin asks folks to believe Bostian doesn’t recall the crash but remembers getting tossed around and groping for his bag, finding his cell phone and calling 911.
Trying to dispel the idea that Bostian was uncooperative with police, Goggin went to great pains to show his client gave authorities everything they asked for. Goggin can’t explain how Bostian recalls getting tossed around during the crash, immediately after finding his cell phone and calling 911. If Bostian really suffered from retrograde amnesia, he wouldn’t recall getting tossed around in the crash and what happened immediately afterward. NTSB officials indicated the Bostian went into the turn at about106 mph, applied the emergency brakes and flipped the train, killing eight passengers and wounding over 100. “He said he was pulling into speed-restricted track, and the next thing he recalls is waking up and looking for his cell phone,” said Goggin, insisting his client was KO’d before coming to find his phone and dial 911. His explanation defies the time line—and common sense.
If he wanted to claim retrograde amnesia, Goggin should have done his reading before offering it as his client’s excuse. Goggin has no explanation for why Bostian entered speed-restricted track at 106 mph, suddenly applying the train’s emergency brakes moments before the train derailed. Goggin insists that Bostian doesn’t recall pulling the emergency brake yet recalls getting tossed around after the train derailed. “It was on the restricted track, and the next thing he recalls is waking up and looking for his cell phone,” said Goggin, putting Bostian into the kind of inconsistencies looking like carefully prepared fabrication. If you follow Goggin’s time line, Bostian recalls nothing after entering “restricted track.” But Goggin already admitted his client recalls getting tossed around during the crash. Goggin can’t have it both ways: Remembering something after but not before.
Having his attorney at the crime scene, Bostian tried to get ahead of the curve with obvious questions about why he didn’t slow the train down to 50 mph before hitting the curve, applying the emergency brakes and somehow groping for his cell phone. Goggin gave too much information to build a case for retrograde amnesia to keep law enforcement and the NTSB guessing at what really happened. Goggin can’t explain how his client recalls getting tossed around but doesn’t recall applying the emergency brakes before the crash. Bostian admits he pulled into speed-restricted track, can’t explain why he didn’t decelerate, then claims he has no recall pulling the emergency brakes, waking up or looking for his cell phone. Bostian can’t recall getting thrown in the collision but can’t recall pulling the brakes just before the crash. Retrograde amnesia doesn’t obey the same laws as excuse making and story telling.
