RODNEY STICH
1416 Carleton DriveORIGINAL
Concord, Calif. 94518FILED
Telephone: 415-933-1233DEC 17 1980
Action in Propria Persona
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
RODNEY STICH,) Civil Action No. C 80 4526 THE
)
Plaintiff,)
) COMPLAINT
v.)
)
NATIONAL TRANSPORTATION )
SAFETY BOARD, UNITED STATES )
OF AMERICA, )
)
Defendants.)
COME NOW plaintiff, and for cause of action against defendants, allege as follows:
1. This court has jurisdiction by reason of 28 U.S.C. A, Sec. 1361, which confers jurisdiction over any action, in the nature of mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty owed to the plaintiff. Section 1007 of Public Law 85-726 (Federal Aviation Act) also provides for judicial intervention in this action.
2. This is an action to compel the National Transportation Safety Board to reopen the investigation into the cause of the September 25, 1978 Pacific Southwest Airlines (PSA) crash at San Diego, California.
3. Plaintiff submitted on September 13, 1980, to the National Transportation Safety Board (NTSB) a petition requesting reopening of the accident investigation hearing. A copy of such petition is attached hereto, as Exhibit “A.”
4. By letter dated November 26, 1980, the NTSB refused the plaintiff's petition to reopen the investigation. A copy of that letter is attached hereto as Exhibit “B.”
5. The NTSB's authority and responsibility for reopening any aviation accident investigative hearing is given by Sections 831.36 and 831.41 of the National Transportation Safety Board Regulations, and refers in part to the discovery of new evidence. “ Plaintiff has new and startling evidence, that as a former government air safety investigator, recognizes as the most important and revealing underlying cause as to why that crash occurred. This new evidence is referred to in Exhibit A.
6. Among the NTSB's authorities and responsibilities for making a full investigation into the causes of the PSA San Diego crash is section 8,31.35, which states in part:
The [aircraft accident] report will set forth the facts, conditions and circumstances relating to the accident and the probable cause thereof, along with any appropriate recommendations formulated on the basis of the investigation.
7. Plaintiff alleges, based upon the Information obtained associated with the PSA crash and the NTSB's performance in the investigation, that the NTSB deliberately withheld from the accident hearing, witnesses and information that would otherwise have resulted in public outrage and unknown consequence for various industry and government agencies involved in air safety responsibilities. The withholding of information, the refusal to call certain witness, the refusal to investigate as required by the nature of an investigative body, indicated a corrupt intent to hide the possible true cause of that San Diego tragedy.
Plaintiff has the additional benefit of recognizing NTSB cover-up tactics, as a result of his past government investigative work as a Federal Aviation Administration air safety investigator, working closely with the NTSB, and witnessing this common but unlawful trait.
7. Contrary to what the NTSB staled in its refusal to reopen the PSA accident hearing (Exhibit B), the new information that plaintiff seeks to submit is either not known to the NTSB or is information the NTSB seeks to illegally cover up as part of their not-too-unusual cover-up of sensitive accident causative factors. Whichever of the two is applicable, the courts have a responsibility to insure that the public is protected by a full investigative hearing.
8. During plaintiff’s investigative work into the PSA San Diego crash, he had uncovered considerable data that strongly indicates unknown crewmembers from the PSA flight that eventually crashed at San Diego attended a party that reportedly lasted until five a.m., just two hours prior to the flight's departure from Sacramento.
Plaintiff obtained the detailed statements of a PSA passenger who was on the ill-fated PSA flight during the first half of the two-leg trip from Sacramento to Los Angeles, getting off at Los Angeles and escaping the fate of those who continued on to San Diego.
During the flight from Sacramento, this passenger overheard statements made by three different PSA crewmembers, at different rimes and locations on board the aircraft, describing in detail a crew party that allegedly occurred in one of the crewmember's rooms at the Host International Hotel at the Sacramento Airport; that large quantities of Johnny Walker Red Label was consumed; that the party honored a pilot who would shortly be having a birthday and the getting together of a pilot and flight attendant; that the crew had no time, or very little time, for sleep, after leaving the party; that the crew was “hung-over. “ And more.
The vivid details of this passenger’s statements as to what she overheard strongly supports the probability that a party occurred prior to the PSA flight departure from Sacramento, which adversely affected the capability of the crew to perform. These reported happenings were given further support by:
a. The high ethanol alcohol (ETOH) content in some of the crewmember’s bodies.
b. The PSA crew's poor performance lending to the crash.
c. The actions by the management of the Host International Hotel in refusing to allow the NTSB to contact the maids who cleaned the rooms occupied by the PSA crew, interfering with the government's investigation into the nation's worst (at that time) airline disaster. It would be the maids who could further support the strong circumstantial evidence of partying remains in the hotel room they cleaned after the crew departed on the ill-fated flight to San Diego.
d. The suspicious and revealing actions of the NTSB in refusing to subpoena the Host International Hotel management and maids, to testify at the hearing concerning evidence of crew partying. The NTSB, after becoming aware of the passenger's written statements implicating reported crew partying with the PSA crash, acted unlike an investigative entity. It obviously sought to cover up for what is a long-standing problem.
The NTSB, as an Investigative entity, knew that if partying did occur at the Host International Hotel by some, or all of the PSA crew prior to their Sacramento departure, that sophisticated cover-up activities could be expected from such involved groups as PSA Airline and the involved pilot group. The NTSB would also know that highly experienced investigative personnel, without any cover-up bias, would be needed to investigate the existence of possible crew partying at the hotel. Contrary to these basic investigative practices, the NTSB sent three non- investigators to conduct the “investigation”: A physician from the Federal Aviation Administration; a physician from the National Transportation Safety Board; and a pilot from PSA Airline, bias to the airline and the pilot group who would suffer tremendously from any exposure of partying. This group could not be considered a knowledgeable or unbiased investigative group for discovering the facts related to possible crew partying. And this fact would not escape the NTSB's knowledge.
e. Further indications supporting the crew partying reports were the events occurring at the Host International Hotel. PSA management personnel, |very probably alerted to the departure of the “investigative” trio from San Diego, reached the Host International Hotel just prior to the trio's arrival, and questioned the hotel's maids who cleaned the rooms occupied by the now-deceased PSA crewmembers. When the “Investigative” trio arrived at the hotel shortly thereafter, seeking to question the maids as to indications of drinking or partying in the vacated rooms, the representatives representing the government were refused, access to the maids.
This refusal could be expected if the maids did find evidence of crew partying in the rooms; a refusal to allow access to the hotel maids certainly would not have occurred if the maid's testimony would have been negative as to evidence of partying or drinking. The refusal to allow the United States Government to investigate this highly sensitive causative factor would also be illegal, and unacceptable to an investigative agency. Not only did PSA and the Host International Hotel play a part in this obstruction of normal investigative processes, but the NTSB's refusal to force testimony again cast suspicion on the NTSB. It aided in the cover-up.
10. We now have associated with the nation's air safety environment the following serious problems:
a. Within the Federal Aviation Administration and the National Transportation Safety Board the investigative personnel have seen again, a corrupt cover-up that adversely affects government air safety activities. This is of long standing and will be further revealed as this action proceeds.
b. What may be the true causative, factor In the PSA crash remains hidden, the common problem again given the stamp-of-approval by the cover-up. Preventative measures to minimize reoccurrences cannot be taken.
c. Corrupt or criminal cover-up by the NTSB escapes proper punishment.
d. Victims of the PSA crash are denied proper lawful remedies.
11. Plaintiff's technical capabilities for making such evaluations are assisted by his seven years of air safety investigative activities while employed by the Federal Aviation Administration and while working closely with the National Transportation Safety Board. He has been a pilot for the United States Navy, the Airlines, General Aviation activities, and with the federal government, since 1942. He has written two books on aviation safety and behind the scene politics that cause or allow needless crashes to occur.
He is a citizen of the United Slates and a resident of Contra Costa County, state of California, within the northern judicial district. He is qualified to file this action
12. As a condition precedent to the filing of this action, plaintiff has exhausted all administrative remedies available to him.
13. Plaintiff has no adequate or speedy remedy at law and unless the relief sought herein is granted, petitioner, and others that occupy the nation’s airspace will suffer dangers as either a pilot operating his own aircraft, or as a passenger on other aircraft.
14. Plaintiff seeks this writ on the basis that he has, and will obtain still other, material data on the cause of the PSA San Diego crash, and that this constitutes new and material information as to why the crash occurred; and on the basis that the NTSB has deliberately covered up for what may be the most probable cause of the crash.
WHEREFORE, plaintiff prays that:
1. This court issues a writ requiring the National Transportation Safety Board to reopen the investigative hearing into the cause of the September 25, 1978, PSA San Diego crash, and to allow material witnesses to he subpoenaed and material information entered into the hearing record, with a creditable evaluation thereafter.
2. This court requires the NTSB to allow plaintiff to introduce his data as it pertains to the reported crew partying;
3. Pertinent testimony he obtained from the PSA passenger who overheard the PSA cabin crewmembers describing the details of what she overheard as it pertains to the reported crew party, and her description of the fatigued appearance of the flight attendants, and that the NTSB properly develop the full scope of what this passenger can present as to what she observed and heard.
4. Testimony from the manager of the Host International Hotel who, with the PSA representatives, contacted the maids who cleaned the crew rooms, such questioning taking place just prior to the NTSB “trio” arrival.
5. Testimony of the maids who cleaned the crew rooms, and other maids who worked at the motel immediately before and immediately after September 25, 1978.
6. Testimony from the PSA representatives who questioned the maids who cleaned the crew rooms, in the presence of the Host International Hotel manager.
7. Plaintiff be afforded a full hearing on this matter.
8. Plaintiff cover his costs in this action.
Date: December 15, 1980.
Rodney F. Stich
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