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Harvard Seeking Damages For 1995 Helicopter Crash

University Wants $200K in Compensation for Sailing Pavilion

By Laura C. Semerjian

More than a year after a State Police helicopter crashed into the Harvard Sailing Center, Harvard is seeking nearly $200,000 in damages from the state of Massachusetts.

In a letter sent Monday to Secretary Kathleen O'Toole of the Massachusetts Office of Public Safety, University Attorney Robert W. Iuliano wrote that the accident, which killed four people, was the result of State Police negligence.

Edward Cafasso, a spokesperson for the office of State Attorney General L. Scott Harshbarger '64, reacted with outrage to Harvard's request, accusing the University of trying to make money off of a tragedy, according to The Boston Globe.

Vice President for Government, Community and Public Affairs James H. Rowe III '73 attempted to separate the tragedy of the crash from the issue of fiscal responsibility.

"The helicopter crash in February 1995 was a tragic event and a terrible loss for the families and friends of those killed," Rowe said in a statement.

"In our view, this separate fiscal matter should be resolved through direct discussions with the Commonwealth, not through the media," he added.

Rowe suggested that the reimbursement money might go toward scholarships, according to The Boston Globe.

In his letter to O'Toole, Iuliano cited the findings of three separate investigations of the accident.

"As reflected by the findings of the various investigations, the negligence of the Mass. State Police (MSP) was the direct and proximate cause of the accident resulting in nearly $200,000 in damages to the Harvard Sailing Center," the Harvard attorney wrote. "The MSP is legally required to reimburse Harvard to the maximum extent permitted by law."

According to a National Transportation Safety Board (NTSB) report issued in December 1995, contaminated fuel and inadequate pilot training were the most likely causes of the February 22, 1995 crash.

As the helicopter was flying west over the Charles River near Boston, its engine stopped, causing it to crash into the Memorial Drive sailing center.

State Police pilots James Mattaliano and Paul Perry and two AT&T technicians heading to repair some telephone equipment in Framing ham were killed in the crash.

"Records showed that in the past five years, the MSP provided the pilot with only one training session that consisted of a two-day ground school and one formal training flight," the NTSB report stated.

More recent investigations by the Massachusetts Aeronautics Commission Board and the MSP also pointed to contaminated aviation fuel as the probable cause of the accident.

According to Iuliano's letter, the reports assert that the fuel contamination was the result of poor maintenance practices caused by a "system breakdown" at the MSP.

The sailing center was closed for more than 10 months, and "Harvard has incurred $196,366.12 in costs repairing the damage done to the Sailing Center as a result of the crash," the University attorney wrote.

The University's current position on the crash differs slightly from previous public statements by highranking officials.

On the day after the crash, another University attorney, Allan A. Ryan Jr., said that "it doesn't look like [it] is the case" that the pilot was negligent.

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