JACKSONVILLE, Fla. — The final day of public hearings for the Coast Guard Marine Board of Investigation came to an emotional end Friday.
Thirty-three black ribbons adorned 33 chairs inside the Prime Osborn Convention Center, a solemn reminder of the lives lost at sea.
For 16 months since the sinking of the ship on Oct. 1, 2015, investigators with the Coast Guard and the National Transportation Safety Board have been gathering evidence, conducting depositions, and looking at every detail in the case.
It’s one of the largest investigations ever conducted by both entities. The public hearings that spanned over six weeks forced an entire industry to come under the microscope.
Before the hearing ended, the attorney representing Capt. Michael Davidson’s widow, William Bennett, was overcome with emotion while reading a statement Teresa Davidson shared with him.
“If you really want to know who Michael was at his core, you only need to read the last pages of the VDR,” said Bennett reading out load.
Davidson is one of the last voices heard on the voyage data recorder telling a crew member he was not going to leave him.
“Some were surprised that Michael made that choice; I was not,” read Bennett.
Even seasoned investigators were moved to tears.
“This accident has personally affected every single one of us and our team,” said Brian Young, investigator-in-charge with the NTSB.
The dedication of families in the room didn’t go unnoticed.
“It’s also important for investigators to observe the emotional toll as it strengthens our resolve,” said Capt. Jason Neubauer, chairman of the Marine Board of Investigation.
Following the testimony, families huddled in a prayer circle and while holding each other, Pastor Robert Green led the group in prayer.
Green said he’s hopeful positive change will come to the industry as a result.
“I think the ships will always sail differently than they did before. I think this has put a light on the maritime industry that has never been put on it before,” said Green.
A family member shared photos with Action News Jax showing a plaque that reads “This plaque was placed on this site August 2016 to honor the crew of the SS El Faro who were lost at sea during Hurricane Joaquin Oct. 1, 2015”. The plaque was placed on the deck of the cargo ship that sits at the bottom of the ocean.
It was made possible thanks to the crew of the USS Apache that helped place it there during their voyage to retrieve the VDR, a device that has proved invaluable in the public hearings.
“It’s going to help us really tighten up on some of the facts that we would’ve had to speculate on,” said Neubauer.
The investigation now transitions from the public phase to the analysis phase.
“I can certainly say that there are multiple factors that we’re looking at that contributed to the accident,” said Neubauer.
Some changes are already underway, including improved communication between the agencies in charge of inspecting large cargo vessels, a process heavily criticized in the hearings.
“What do you think the El Faro 33’s legacy will be?” asked reporter Lorena Inclan.
“I think this is going to be a major investigation for marine safety moving forward,” said Neubauer.
Neubauer would not give a definite timeline as to when the final reports would be released. He said they’ll take as long as they need to get it right.
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- TRANSCRIPT: The data recorder from El Faro (.PDF)
- PHOTO GALLERY: El Faro crew members
- WATCH: Action News Jax Presents 'El Faro: Lost at Sea'
Here are the full closing statements as read aloud by the parties of interest on February 17, 2017 during the final hearing session:
"I offer my condolences to the families of the crew members of the El Faro which was lost on Oct. 1 2015. My daughters and I know the pain you feel as do Michael's siblings and parents. I want to thank the Coast Guard and the NTSB for their hard work and dedication in investigating the circumstances surrounding the loss of the El Faro, I also want to thank the ABS, Herbert Engineering and TOTE for cooperating with the investigation. It gives me comfort that those charged with conducting this investigation will continue to work to identify areas for future improvement in order to strengthen the safety of those who spend their lives at sea. This investigation has uncovered many facts that were unknown until the board was established. One of the most significant facts learned was the National Hurricane Center's forecasting of Hurricane Joaquin was one of the worst in history and weather data sent to the vessel was inaccurate. Throughout the course of this investigation, you learned a little bit about who Michael was as a ship's captain crew members both licensed and unlicensed who sailed with Michael described him as meticulous concerned for safety caring for the welfare of his crew and a true professional. But Michael was much more than a ship's captain, he was a son, an older brother, a terrific father to two daughters, and an amazing husband. If you really want to know who Michael was at his core you only need to read the last pages of the VDR. He willingly gave up the opportunity to fight for his own survival because he refused to leave a crew member behind. Some were surprised that Michael made that choice, I was not. Sincerely, Teresa Davidson." said Bennett reading Teresa Davidson's statement in full.
Bennett then added his own remarks.
"On a personal note to the family members for their kind words to me, the dignity and grace that you've shown is absolutely heartwarming and I will carry it with me for the rest of my life. And for Teresa who is listening on the phone it's been an honor to represent your husband here. Thank you," said Bennett.
On behalf of TOTE, Tim Nolan, President of TOTE Maritime Puerto Rico said the following:
"On Oct 1, 2015, we unfortunately lost the El Faro and her crew. Thirty-three families were directly impacted, the TOTE organization, and the whole maritime industry. I would like to again extend our sincere and heartfelt condolences to each one of the families and their loved ones of the El Faro crew. We will never truly know the pain and loss that you have gone through. I do know how deep it has impacted our organization and the maritime industry. Please know your families will forever be in our memories. Their names are immortalized on the walls at the AMO and the SIU, as well as at their respective academies, and on the monument at the El Faro Memorial Park. They'll forever be in our heart, and they'll never be forgotten. Over the past 16 months I've gotten to know many of you. We've shared some hugs, we've shared some laughs, we've shared some tears, and we've even shared a few meals. One thing I can say- I'm amazed at your strength and your courage. You've truly served as an inspiration to me, and I can say to the TOTE organization as well. I would like to thank Captain Neubauer and the US Coast Guard, Mr. Young and the NTSB, and everyone else who's been involved in the Marine Board of Investigation. I know you've invested countless hours in to this process to truly understand what happened and to provide answers to the families, to TOTE, and to the rest of the industry. We all owe it to the El Faro 33 to learn what happened and to share these learnings with the maritime community. We are aware this is one of the largest Marine Boards in relation to the loss of a vessel and a crew, and for that, we truly thank you. Your efforts and commitments are what I would say are miraculous. You located the El Faro, you located its VDR, and you retrieved the VDR. I don't know if a VDR has ever been retrieved at such depths before. And not only did you retrieve the VDR, but you extracted valuable data from the VDR that confirmed what many of us already knew. We knew that it was a truly brave crew and experienced crew and one that was there to help one another. And they fought for the safety of the vessel until the end. They will forever be true heroes. We look forward to your completed report, and the learnings we can all take from it. The work of this Board will be a lasting tribute to the El Faro 33. And to the families, may God bless you, and you will always be in my heart."
On behalf of the American Bureau of Shipping, which surveyed El Faro under the Alternate Compliance Program, attorney Gerald White addressed the room:
"Every employee in the company, from the Chairman and CEO, to the surveyors and engineers, remain saddened by the loss of El Faro's crew. It's a devastating loss to the families and the entire maritime community. On a personal level, I've had the opportunity to meet many of the family members here today. Thank you for sharing your thoughts and concerns. In addition, some of you have met or spoken with Lou O'Donnell the Assistant Chief Surveyor; Tom Gruber, the head of the Stability Group; Dan Croninand Suresh Pisini from the Structures Group; as well as the individual surveyors who perform surveys aboard the vessel in Jacksonville and Puerto Rico. I wish to convey that these representatives of ABS are dedicated to making sure that this investigation by the MBI and the NTSB is both accurate and thorough. To the extent that questions have been raised by family members concerning what ABS does and what its role is aboard the El Faro, we sought to address that. I hope that our explanations and the presentation of our witnesses satisfied your questions and concerns, thank you."
Herbert Engineering Corporation President Spencer Schilling was not present for the final week of the hearing session, but submitted a statement, which was read by the Capt. Neubauer.
"Herbert Engineering appreciates the opportunity to have been of assistance to the MBI hearings. We look forward to continuing our discussions with Dr. Stettler regarding the MSC report. Of course, we remain available to respond to any post hearing requests from the MBI."
The investigators also gave closing statements. NTSB Investigator-in-Charge Brian Young said:
"On behalf of the entire NTSB, especially the team conducting this investigation, I want to extend our deepest condolences to the families that have lost the brave loved ones in this tragic accident. We would like to thank Captain Neubauer and the Coast Guard for including our agency in these hearings, and for their exceptional cooperation. We appreciate and want to extend our gratitude to the parties to this investigation for their continued support throughout the last 16 months by providing valuable information, hundreds of documents, technical reviews, granting us access to El Yunque, and supporting our investigation while continuing their daily functions at their respective companies and agencies. We want to thank everybody involved in assisting us to locate and recover the VDR, as it has been instrumental in this investigation. At a future date, a separate report of the NTSB findings will be issued, and it will include our official determination for the probable cause of this accident. We will continue to collect evidence, develop findings, conduct analysis, and issue recommendations based on all the facts developed throughout this investigation. In closing, I would like all the family members, especially all those who have been here day after day over the course of these six weeks of hearings, to know how much this accident has personally affected every single one of us on our team, as many of us have spent decades at sea. Seeing you all here every day demonstrates your dedication to your loved ones and to each other and it further empowers us to ensure that we are doing everything to prevent a similar tragedy from occurring in the future. Thank you all."
Marine Board of Investigation Chairman Captain Jason Neubauer closed the hearing with the following statement:
"Today, the MBI and NTSB investigations are transitioning to the analysis phase. Although there's always a chance that a short hearing session could be convened if new witnesses are identified as the report is being written, I believe we have gathered the factual evidence necessary to proceed with our analysis. However, the MBI will continue to collect and review any evidence submitted in the future, including submissions to the elfaro@uscg.mil email address. Gathering the evidence over the last 16 months was challenging, due to the wide scope of the investigation. I'd like to take this opportunity to sincerely thank the parties in interest, government agencies, maritime organizations, company representatives, merchant mariners, and individual witnesses who dedicated their time and resources to this monumental endeavor. The collective expertise of those involved in the process has helped to clarify numerous technical and regulatory matters that the maritime industry grapples with on a daily basis. On behalf of the entire Board, I would like to express our deepest condolences to the friends, shipmates, and families of the mariners who were lost at sea during this accident. It has been difficult to watch and listen as the struggle to come to terms with this tragedy continues on a daily basis, especially here in the hearing room it is very visible. But it's also important for investigators to observe the emotional toll, as it strengthens our resolve, daily. I've also been personally inspired by the solidarity and the selfless spirit which has been clearly displayed throughout the MBI process by those impacted by this incident. Your feedback and suggestions have aided the overall investigation, and your commitment to preventing a similar tragedy in the future is noble and appreciated. In closing, I want to emphasize that the members of the MBI are conducting the investigation with a profound sense of duty, to identify the incident's causes and push for any needed changes to enhance maritime safety. Even though the public side of this investigation is coming to an end, please rest assured that we will work to continue in earnest as a report is drafted and the recommendations are generated. In the interim, I'm confident that conducting the proceedings in a public forum and making them available on the internet, has helped to raise important safety issues that are actively being identified and addressed around the world as we speak today."
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