By Joe Holden


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PHILADELPHIA (CBS) — A hearing took place Thursday morning in Philadelphia concerning the criminal case against Amtrak engineer Brandon Bostian as lawyers are hashing out issues dealing with paperwork.

Attorneys told the judge they have not been able to obtain critical documents produced by the NTSB into the fatal Amtrak 188 train disaster that killed eight people in Philadelphia in May 2015.

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Lawyers for Bostian said there are important details missing from the investigation that night because the NTSB has not released them.

The NTSB also cannot be compelled to release the documents under subpoena power of the Philadelphia court as the agency apparently told prosecutors they would have to file a Freedom of Information Act request, which they’ve done.

The Pennsylvania Attorney General’s Office filed criminal charges, claiming Bostian was reckless behind the controls and took the train, like a speeding bullet, into a sharp curve in the Port Richmond section of the city.

Witnesses previously described a horrific disaster scene with mangled trains strewn about a wreckage site.

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The NTSB released a slew of documents and coined the phrase “loss of situational awareness” in describing Bostian’s mishandling of the curve along the tracks.

The judge has set an August date to revisit the issue.