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9/11 kin holding out for trial won’t have an answer until March

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By Joe Dwinell
Tuesday, December 16, 2008

Three families who have vowed to hold the airlines and Massport responsible for failing to stop the Sept. 11 terrorists have to wait until March to find whether they’ll get their day in court.

Manhattan federal Judge Alvin K. Hellerstein yesterday delayed his decision on setting a trial date, saying he must decide first on a defendant motion to have FBI and CIA agents testify about the increased terror threat in the weeks before the attacks.

Plaintiff attorney Donald A. Migliori called the motion a ploy to “politicize” the case.

Migliori is representing the families of terror victims Sara Low, 28, a resident of Arkansas who was a Boston-based airline attendant; Mark Bavis, 31, of West Newton, a pro hockey scout; and Barbara Keating, 72, of Palm Springs, Fla., a native of Framingham.

He said the families are blaming Massport, American Airlines [AMR], United Airlines and security companies who allowed terrorists onboard Flight 11 and Flight 175 on the morning of Sept. 11, 2001, armed with box cutters and pepper spray.

“My clients are adamant it will go to trial,” said Migliori. He said these last three plaintiffs have kept up the fight fora public trial and an open archive for all to study the national nightmare, as 3,000 other victims’ cases have been settled.

The lead attorney for the airlines could not be reached yesterday.

Hellerstein said he will set a trial date March 2, once he rules on if the CIA and FBI should be called into the case.

If a trial is set, the final legal chapter in the terror attacks will focus on Boston.

“This brings it all home to Logan,” said retired FAA Special Agent Brian F. Sullivan.

joed@bostonherald.com

Source URL: http://www.bostonherald.com/news/regional/view/2008_12_16_terror/srvc=news&position=also

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