Originally Posted - December 20, 2006

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QUEENSBURY----The grand jury empaneled to hear testimony surrounding the capsizing of the Ethan Allen tour boat on Lake George last October has extended its term.

Published reports say that the grand jury which was convened earlier this month was scheduled to be dismissed at the end of this month but has decided it needs more time to hear evidence.

So far, the panel has heard testimony over three days from about dozen witnesses including survivors of the tragedy when 20 passengers of the 47 on board for the fall foliage tour died when the boat capsized and sank in 70 feet of water.

The panel has adjourned until the third week of January.

Warren County district attorney Kate Hogan has convened the grand jury to decide if criminal charges should be brought. Among the evidence being presented is the finding that Shoreline Cruises, the company owning the Ethan Allen, had violated state regulations by not having the proper number of crew members on board for the 47-passengers who were senior citizens from Ohio and Michigan.

Shoreline was cited by the state for failing to provide the proper number of crew members. State regulations require two crew members for commercial vessels carrying 21 to 48 passengers. Paris was the only one on board.

None of the passengers on board were wearing life jackets. Although they were provided and available, state law does not require them to be worn.

Reports indicate that Warren County Sheriff Larry Cleveland has been subpoenaed to testify along with Investigator Douglas David.

In July, the National Transportation Safety Board issued its final report of its investigation, concluding that the probable cause of the accident was the tour boat's insufficient stability, a sharp turn undertaken by the captain and the resulting involuntary shift of passengers to the port side of the vessel.

The NTSB said the stability of the 40-foot tour boat was insufficient because it was carrying four times the alleged passenger weight it should have been. The boat carried 48 persons where post-accident stability calculations demonstrated that it should have been permitted to carry only 14 persons. Contributing to the cause of the accident was the failure to reassess the vessel's stability after it had been modified because there was no clear requirement to do so, NTSB officials said.

In early February, the Warren County Sheriff's Department issued a three volume, 530-age report determining that no criminal charges would be brought by the department.

Hogan had been awaiting the NTSB report before decided whether or not to convene a Grand Jury to determine if criminal negligence contributed to or caused the accident.

Numerous lawsuits have been filed as a result of the accident with the boat's owner, Shoreline Cruises Inc. of Lake George and boat captain Paris claiming that the accident was an "act of God" which could not have been prevented. Other defendants named are the Lake George Steamboat Company which owns the larger tour boat Mohican which Paris said caused a wake that contributed to the capsizing of the Ethan Allen, Scarano Boat Building of Albany which performed modifications on the boat, Shoreline Tours Inc. of Canada, the tour group's organizer, and the Coast Guard.

Civil actions filed in the case claim that the Ethan Allen was improperly designed and operated, overcrowded, unstable and understaffed.

A federal judge has consolidated all of the actions.

Shoreline's insurance carrier, Global Property Owners Association of Plantation, Fla., says that Shoreline carried only a commercial general liability policy which was limited to claims occurring on land.

James Quirk, owner of Shoreline, says that he was led to believe and paid for marine liability insurance. That matter is also investigation for the insurance departments in New York, Florida and Texas.

There were 47 passengers aboard the Ethan Allen on Oct. 2, 2005, in addition to Paris, 74, a retired state trooper and friend of Warren County Sheriff Larry Cleveland. The lack of testing of Paris for alcohol and/or drugs immediately after the accident, a decision made by Cleveland, has come under fire. Cleveland said that he didn't believe Paris was under the influence because he had him "blow" in his face and Cleveland said he didn't detect any odor of alcohol. It's not known how Cleveland ruled out the presence of drugs. Cleveland said no favoritism was shown in his decision not to test Paris.

Paris maintains that a wake from the Mohican, a larger tour boat owned by the Lake George Steamboat Company, caused the Ethan Allen to flip over and sink in 70 feet of water about 400 to 500 feet from shore at Cramer's Point near Green Harbor and Hearthstone Park.

For a review of The North Country Gazette's extensive continuing coverage of the Ethan Allen boating tragedy and Cleveland's precarious political and professional future, visit the sitemap and enter a search for Ethan Allen, Lake George boating accident and/or Larry Cleveland. 12-20-06

© 2006 North Country Gazette