New York, NY —

It's been over a week since the Andrew J. Barberi, a Staten Island Ferry Boat, rammed into a cement dock and killed 10 people. 9 other passengers remain hospitalized. Federal investigators have been trying to piece together the events leading up to the crash but testimony from two major crewmembers remains difficult to come by. WNYC's Cindy Rodriguez reports.

Activity at the Staten Island ferry returned to normal almost immediately after the accident occurred. A flood of commuters continues to stream off boats every morning. Michael Navarez is heading home to Staten Island. He says he remains relaxed during his 20-minute trip across the water though he no longer stands at the front in preparation to be the first one off:

Navarez: I sit in the back or in the middle other than that I try to go on as normal as any other day .

As a regular rider though, Navarez says he would like some answers.

There were ten people who lost their lives last Wednesday, their families and the people of the city are clambering for answers. A major player in this is Captain Gansas and his refusal to talk is handicapping this investigation.

Last Wednesday Iris Wienshall, commissioner of the city's Department of Transportation announced the city would move to terminate 38-year-old Captain Michael Gansas after he failed to respond to a subpoena issued by the National Transporation Safety Board - citing medical reasons. An NTSB subpoena cannot be enforced according to a spokesperson but the agency has asked for proof of the captain's medical condition. His lawyers say he is under the care of a physician and is too traumatized to talk. Gansas was not operating the boat when it crashed but investigators want to know where he was when his assistant Richard Smith lost control of the Ferry. City rules require he be in the pilot house when the boat is landing. Subsequent to the crash the city strengthened the rule by requiring a deckhand also be inside the pilothouse. It also announced it would keep passengers back when the boat is landing, give all crewmembers radios and outfit boats with radar devices. Mayor Bloomberg says more changes are likely as a result of the ongoing investigations.

Bloomberg: There are a number of investigations going on, there is the NTSB who will do in the end the investigation that will provide the definitive answer as to what happened and give recommendations as to how to improve service. In the mean time the Staten Island District Attorney along with the police department is doing an investigation as well for any possible criminal activity

Monica Brown is a spokesperson for the Staten Island District Attorney. She says at this point her office is in the process of issuing subpoenas but still has no plans to convene a grand jury:

Brown: There is so much that still needs to determined at this point and we still don't have so many questions answered. We need to make sure that we can get as much information as possible and the way to do that is through these subpoenas.

And the investigation continues to escalate. A congressional committee has announced it will hold a hearing into the cause of the accident and Congressman Vito Fosella says he will push for the entire crew to be subpoenaed.10 days after the accident few solid facts have surfaced. The NTSB can only say the boat was traveling between 16 and 17 miles per hour when it crashed, there were no mechanical failures all crew tested negative for alcohol and drugs. Officials are still waiting to see if prescription drugs show up in the blood of Richard Smith, the man driving the boat. The NTSB has interviewed over 40 passengers and crewmembers including a mate who reportedly said the Captain was not in the pilothouse when the boat crashed. The mate Robert Rush is 56 years old and was suspended by the Department of Transportation for failing to show up to an interview on Friday. His lawyer, Michael Chalos called the suspension illegitimate and said it was done to garner headlines.

Chalos: at 09 I don't think they are justified in suspending my client because he has been cooperating with the federal authorities the NTSB and we've made it clear to the city that he would appear early next week to meet with their attorneys

The Department of Transportation says Rush's suspension will be revoked if he shows up within 5 days. As the DOT struggles to get information, there are also questions about what procedures were in place prior to the accident to make sure rules were being followed on boats. The transportation department says everyday a Port Captain makes 6 unannounced rides on randomly selected ferries to ensure crewmembers are following proper procedures. The total fleet of 7 boats makes 164 trips per day and carries a total of 64 thousand passengers. Officials say there has not been a ferry accident in 98 years and its rare the Port Captain finds anything out of the ordinary. Weinshall says since the crash further inspections have been encouraged:

Weinshall: We have many of our managers who live on Staten Island and we have encouraged them to take the ferry and to check out what's going on the boats

Coast Guard mandated drills on how to respond to emergencies like a boat capsize or a bomb are also done on a weekly basis.

Lawyers for Richard Smith say their client remains in critical condition after an attempted suicide and until he is able to speak, why he collapsed on the controls the day the boat crashed may remain a mystery. NTSB spokesperson Keith Holloway says while it doesn't happen often investigators have run into the problem of not being able to interview key witnesses before. He says in those instances the agency was still able to determine a cause. Holloway says investigators will wrap up their work and return to Washington by Monday.


For WNYC; I'm Cindy Rodriguez