There have been six calls for mothers in labor, Piringer says.

Yesterday evening, firefighters and paramedics had to deliver a baby in Shaw. "Mom and baby are fine," Piringer adds.

Piringer says the fire department and paramedics are well prepared for storms like this. During this past Saturday's snowstorm, personnel doubled, and additional equipment and trucks were utilized.  "We didn't miss any calls," Piringer says.

Today, the department has also gotten an assist from the National Guard.

An additional 150 firefighters and paramedics are working today. The National Guard, Piringer says, is pitching in. Six Humvees from the National Guard are assisting on radio runs.

"The calls that we do take are taking longer," Piringer adds. "We are having to park the apparatus and walk. Even when we get to the house, we have to work to get them out of the house."

Ms. Cusick's employment suddenly became a problem after she allegedly flipped out at Rubin during a one-on-one meeting. Rubin goes so far as to say that she might have sexually harassed him. "I needed relief from this," Rubin said at one point and called the meeting "horrifying" and stated that "I was overwhelmed."  What was the sexual harassment? Cusick demanded to be involved in executive meetings and used the word "cocksucker." Cusick had problems with fire department managers and referred to them as cocksuckers and other bad words. Rubin did not investigate her charges, saying: "Well you know, I don't know how you'd investigate whether they're cocksuckers or not....I guess I could ask them if they suck dicks or not." Instead, he had Cusick removed from the department.

Second clip after the jump!

First the Pershing Park case. The Office of the Attorney General may have had serious trouble with another high profile lawsuit—the Georgetown Library fire case. In April 2007, a three-alarm fire gutted Georgetown's public library. Two hundred firefighters along with roughly two dozen trucks battled the blaze. That huge effort may not have translated into a thorough investigation into the fire's cause. Chief Dennis Rubin and Co.'s sloppy detective work may cost the city big time.

In a lawsuit stemming from the fire, a contractor has challenged the department's conclusions that heat guns caused the blaze. The contractor saw enough holes in the fire department's investigation to sue the District.  Whether heat guns caused the blaze or not, the lawsuit is making one thing clear: the OAG is having difficulties furnishing evidence and discovery materials.

And OAG lawyers are furious at fire department personnel.

If there ever was a fire that called out for a serious investigation, it would be the twin fires that gutted the library and Eastern Market. The Eastern Market fire continues to be a subject of debate. Apparently, according to e-mails obtained by City Desk, the Georgetown Library fire investigation was far from competent.

At one point, an OAG attorney calls into question whether fire investigators followed national standards, and whether those investigators should be punished.

On February 19, 2009, Assistant Attorney General Esther Yong e-mails two fire officials—then-Assistant Fire Marshal Bruce Faust and Lt. Craig Duck. She writes:

"Based on some of the deposition testimony, there are additional documents, photos, and information that we need from FEMS regarding the Georgetown Library fire investigation.

First, I understand from my conversation with Lt. Duck today that each fire investigator has a notebook in which he keeps notes relating to his fire investigation work. We need copies of all pages from all fire investigator notebooks that relate to the Georgetown Library fire.

Second, Firefighter Ford testified in his deposition today that he took a whole photolog of pictures that were not included in the Fire Marshal's report. Firefighter Ford testified that he did not remember to whom he gave the photos, but (presumably) he did give them to someone in FEMS. I understand from my conversation with Lt. Duck today that firefighter Ford should have created a photo log for those pictures and provided them on CD to Lt. Duck, but it appears that he did not do so."

Yong goes on to implore Faust and Co. to find those pictures. And yet, discovery issues continued to be a problem. Yong didn't return a call for comment before this story's deadline.

On April 6, 2009, OAG attorney Michael Stern e-mailed Faust, Duck and other department personnel concerning discovery problems. Stern wasn't happy with the department's foot dragging.

Stern wrote:

"This is a 13+million dollar law suit. Enough for DC to hire many firefighters, or lawyers for that matter (or avoid layoffs or furloughs). Is there nothing that can be done to get this information? The first e-mail request in this chain was sent mid-February. (Though the original discovery requests to FEMS were sent maybe as long as a year before that time). We are now facing two motions for sanctions for not providing discovery. If granted the sanctions could limit our ability to present information. We need more urgency in getting these responses than we have had so far."

Stern then zeroed in on the question of whether or not the fire investigators kept notes on their work. He wrote:

"On a related issue, we've sent many emails requesting investigator notes. We've gotten back replies that they do not exist. However, the national standards for fire investigation require all investigators on the scene document their observations with notes and diagrams. If indeed there are no notes or diagrams, both for the purpose of trial preparation and to respond to the motions for sanctions, can the investigators explain why they did not follow the national standards? Is it that they weren't trained on these standards, or they forgot, etc.? Also is there some process FEMS initiates regarding review processes and personal evaluations when they learn trained investigators do not follow national standards of care in investigating cases, or when FEMS does not get responses from their employees to the questions raised by supervisors in attempting to obtain discovery information for lawsuits?"

Stall Tactics

Stern's e-mails followed a motion filed by the plaintiffs compelling discovery responses from the District. In their 16-page missive, the lawyers more than suggest the District was stonewalling in turning over fire documents:

"The District is represented by the Office of the Attorney General, which has the responsibility to search each agency, division and department's records for responsive information. The District has not provided full and complete answers to the discovery in this case despite numerous extensions, and therefore this motion is necessary."

Discovery began in Sept. 2008, the lawyers write. The OAG responded by requesting one extension after another. According to their motion, the lawyers wrote the District on December 29, 2008 and asked for the promised documents; the response back was less than promising:

"The District responded that the majority of the documents that the District has were already produced (which was confusing because the District had produced very little documentation)."

On January 8, the District promised to send over two CDs worth of documents. But once the documents were turned over, plaintiffs lawyers argue that "it was apparent that the District's production was incomplete and superficial. [Plaintiffs were], to be blunt, shocked by the inadequacy of the District's effort after all the extensions up to that point."

The lawyers then raised a point that has been highlighted in the Pershing Park matter—the OAG's lack of control over the case. They write:

"The District was sending different lawyers to the various depositions, there seemed to be no central person responsible for tracking down the number of files that the District's witnesses were identifying during the course of their depositions and which had not been produced."

By mid-February, plaintiffs lawyers had begun deposing fire investigators. They write that "it was becoming apparent that the District had not obtained those complete files either, including investigator's notes and electronic data that Lt. Duck has recently confirmed would not have been included in the case jacket."

It gets worse. The lawyers write:

"After it became clear during the fire investigator depositions that the District's origin and cause investigation was mishandled, the District's promise of production were becoming suspect...There had not seemed to be a sense of urgency on the District's part to produce its files despite multiple promises and extensions."

Finally, six months after the discovery requests were made, the District sent over the much promised documents in early March. Still, this production fell well short, the lawyers contend:

"When the District's documents did arrive, it was readily apparent that the response was again incomplete. Many of the documents that the District produced were documents that the District had simple recopied from its prior production, or it simply recopied prior agency FOIA responses, although FOIA responses are considerably more limited than the discovery that the parties are entitled to in litigation."

Plaintiffs lawyers go on to describe how serious time and money have been wasted. Incomplete depositions have been taken. District witnesses have shown up without their own files.  Among the missing documents still outstanding: photographs of the fire scene, "the complete fire investigation file," "fire investigation protocols," investigator notes and electronic files, the fire investigators'  internal communications, and the investigators' external communications with D.C. Police, the ATF or any other outside agency.

One source says that he turned over his notes to his fire department superiors. It was only after he was approached by an OAG lawyer did he realize his notes had not be turned over in this case.

The source says that the stonewalling may have had to do with who was leading the library fire investigation: Lt. Duck.

"Duck had no training in fire investigation. He definitely wasn’t a certified fire investigator. He had no training in interviewing and interrogation. And he had already had started to interview people on the scene prior to my arrival," the source says. "[Duck] clearly just copied or cut and pasted ATF’s report making a few changes to see that it looked like his. He threw away valuable evidence. He threw away items—the debris from the roof which is where the fire started."

The source adds that Duck did not properly secure evidence that he actually held on to. The heat guns were kept in the investigative unit untagged.

The sloppy investigation may have inevitably led to a mishandling of a court case any fire department official should have seen coming. "Here we go once again, the fire department was not prepared with these situations," the source says. "These cases always come up."

He calls the department's handling of the fire and the subsequent investigation and lawsuit: "unprofessional, uncaring and basically ignorant."

"Now, they’re caught with their pants down," the source says.

"It was a botched investigation," says another source close to the case. "A lot of the documents never existed because the proper investigative steps were not taken at the Georgetown Library scene. When this happens, the fire department, instead of admitting their mistakes and making the necessary changes inside of the agency, they just cover it up....Clearly, it doesn't seem to be a priority in the fire department or the attorney general's office to correct these problems. It's just a continuation of the pattern of corruption and cover up in investigations."

OAG lawyer Stern refused to comment for this story. Plaintiffs attorneys also refused to comment.

When asked if the investigators' notes and photographs had been turned over, Lt. Duck told City Desk: "I have no idea."

Duck then referred all calls to the department's public information office. Fire officials refused to allow Faust to be interviewed for this story.

"We can not discuss the case because right now it's in litigation," explains Deputy Chief Kenneth Crosswhite.

AG Peter Nickles had an equally succinct reponse to this story. “I don’t think I can help you on that," he says. "It’s not on the top of my radar.”

*photo by Darrow Montgomery.

Councilmember Jim Graham, who is chairman of the Metro Board, just called in to report a few things to City Desk regarding yesterday's Metro crash. Graham mentioned that the board's $250,000 relief fund for the Metro crash victims' families. He emphasized that this is not hush money.

"We wanted to have this immediately," Graham explains. "We know there are probably going to be significant legal actions."

Graham says that one of the inspirations for the relief fund came from the circumstances involving one of the victims—Ana Fernandez, who left behind six children. The Examiner notes that she lived in Hyattsville and had resided in the area for the past 10 years. She worked evenings as a part-time housekeeper. Graham says: "We don't know how many more are like that. Those needs came to my attention today....And now there's emergency relief."

Graham says that reps from El Salvador's embassy have reached out to the Fernandez family as has Mayor Adrian M. Fenty.

Graham says the issues with the aging train cars has been a longstanding issue. "We have talked about it repeatedly," he explains. "This is a significant number of cars. Within the next two days, we're going to be talking about more of our options. We also have a regular board meeting [on] Thursday."

Photo by Darrow Montgomery

Confirms nine fatalities, the final count. "As a government and as a city" there are only four people whose identities have been confirmed.

Three of the four are residents of the District of Columbia. One lived in Hyattsville. Fenty contacted three of the four families personally. Says can't imagine the "horror and disbelief" of the families.

Fire department has completed its work as the lead agency. Debbie Hersman and the NTSB will now become the lead agency in this matter. Fenty thanks the feds for making all kinds of resources available.

Next up at the mic is D.C. fire Chief Dennis Rubin. He says that fire and EMS and various agencies have done an "absolutely incredible job" of doing their thing. Highlights—timeline begins at 5 pm, had units on location within six minutes. "Obvious this was going to be a major national event." Then they did coordination with inbound agencies. First injury person was transported 21 minutes later; last person was transported 6 hours and 51 minutes later.

Command was transferred at 1 pm. Fifty-one people that fire department treated.

"We've been busy," says Rubin, noting that there've been other fire events over this period.

Rubin, on an editorial comment here, handles himself pretty well in these moments. He has stumbled in a lot of ways since taking over the fire department but does well in front of the press.

Fenty back at the mic, saying that a grand total of eight of the nine fatalities have been identified. Two of them were David F. Wherley, Jr., former commanding general, Joint Force Headquarters, District of Columbia National Guard, and his wife Ann. Fenty said of David F. Wherley: "As fine a public servant, dedicated to the United States of America" as you'll ever find. Military is in "complete shock," says Fenty.

Now it's Metro General Manager John B. Catoe on the spot: He's saying mostly procedural stuff, talking about handing over all information to NTSB and thanking fire department for quick response. Not much here.

Now it's Jim Graham, talking about the 2 pm meeting today. He's saying there'll be another meeting Thursday. First specific action is that there's an amergency hardship relief fund and dedicated $250,000 to the kitty. It's for responding to immediate human needs. Graham says that it's not about a settlement. Will be "refining" this matter in the coming days. Also, statement: We are aggressively seeking to replace the 1000-series rail cars, which were purchased between 1974 and 1978. Also calling on the feds to make good on the commitment of $150 million per year for capital expenditures. Capital needs remain substantial, high hopes that in FY '10 budget the feds keep up funding.

Up now is Debbie Hersman, who has been easily the most interesting and informative speaker at these events. Hersman expresses condolences, sends out prayers to those who remain hospitalized. Nineteen NTSB personnel are on the case trying to determine what caused the accident.

Hersman now going into some thank-you moments for other instrumentalities that have been doing a "great job" and so on. Standard bureaucratic stuff here.

Teams have been out today collecting evidence. Summary of the work here: Track group, working closely with FBI, checking locations of the track, equipment, damage to the equipment. They're seeking an outline of what the crash looked like.

Hersman says the crash occurred on a curve, not a straightaway. It's a one-degree curve. Track speed limited to 59 mph. Feds are working to determine exact point of derailment. Once they're able to move the trains, they may be able to determine exact location of derailment.

Team is working to preserve records and collect perishable evidence. Majority of our team has been out on scene putting information together. Will need time to go through those records. Operation of the train—documentation of some of the control surfaces....now she's talking about stuff that I have no idea about, something about a dial, toggle switch in the on position. All relates to whether it was in automatic mode or manual mode—OK, I get that.

Toggle switch, dial and master controller confirm to NTSB that the train was in automatic mode. Hersman addresses braking issues—emergency mushroom was found in a depressed condition—it was pressed in. The "mushroom" she's talking about here must be the little switchy thing that hits the emergency brake.

Have conducted some interviews and Metro's ops center about the striking train's operator. The original hire date was January of '07. Was hired as a bus driver. She started training as a train operator in January '09 and started driving in March '09.

Hersman is going to be seeking all kinds of documents on the operator's employment history as well as the "72-hour history," to see whether the operator had sufficient rest-work balance. Will be looking for those records. Toxicology samples have been taken on the train operator and have been sent off for analysis.

Standing train—looking to see if there is usable data on the recorders. Pulling apart the married pair of the trains. WMATA is going to bring in a flatbed to pull stuff apart.

Striking train—Train 112—they're looking at the lead car, which sustained extensive damage. Fifty feet of the 75 feet in that car were lost to the accident. That is, two-thirds of the survivable space was gone because of the impact.

Cars and their age: Average age of Metro fleet is 19.3 years old. How compare to other transit operations: Metro ranks 6th among 15 transit agencies in terms of car age. 1000-series cars comprise 300 cars of Metro's 1115-car fleet.

Now she's going into all the other series, and I've totally lost her. 192, 50000, 2 million, whatever. We'll get those details later.

Accident sequence: There was a train at Ft. Totten. Were servicing the platform. The struck train was waiting on the tracks as a result. The striking train—there was a report that there was an announcement that there was a train ahead and then the striking train started again. Looking into that, says Hersman.

Know that the community is anxious to get service back. Track is safe.

Hersman appreciates support from city and other people too. Including Sal Army, which has helped with water and stuff. Also appreciates people in the neighborhood. Look forward to wrapping up this part of the investigation.

Now taking questions:

Question is about trains reported two months past due on brake service.

Hersman has seen reports to that effect and will review records. Interested in looking at those records, but interested in looking at all of those records. Just in first 24 hours of investigation.

Question: What implications of the aging of the fleet has to the rest of the system.

Hersman says agency has no position on that. Will work closely with WMATA if NTSB finds something that is an acute safety problem.

Question: Is the location of the fatalities and whether they were in the striking or struck car.

Hersman says it's premature to comment on that.

Question: NTSB's request for texting records and the like.

Hersman says hard to say. Not really sure exactly what the point is on this question, though Hersman is saying that operators of vehicles and the like should not be texting or talking on cell phones and the like.

Question: Missed it.

Hersman is responding to the question, but I don't know what the question was, so can't really figure out what to type here.

Question: What OCC might have seen displayed about the location and position of the trains in the system.

Hersman says hasn't gotten with her people on this just yet. Says they will provide additional factual information when it's available.

Fenty now back in front, celebrating the accomplishments of the first responders to this calamity. Talks about the "heroic job" of all these responders. Fenty is not so great in situations like this. Nor is he terrible. He just doesn't project the image of a feeling person. A bit robotic. He gets all the information out there, so that's good. He covers all the bases like a good mayor, including crediting the front-line workers and nodding to the feds and other agencies that have assisted.

HOWEVER: When it comes to shifting to a higher civic and emotional gear, Fenty just doesn't have the equipment to go there.

On Feb. 5, the department charged Pennington with falsely claiming that he is a certified fire investigator. In the charging document, the department writes: “The agency became aware of these facts on November 25, 2008.” Pennington insisted that he had the proper credentials.

"I knew the charges were groundless. It was retaliation," Pennington says.

If the charges lacked a certain shallowness, the motivations behind them had a deep history. For the past few years, Pennington and fellow fire investigator Greg Bowyer had become outspoken on the subject of their department, alleging that serious fire cases had been botched by inexperienced investigators and that the bad cases had been essentially covered up by top brass.

The two had sent countless e-mails up the chain of command. When those e-mails and subsequent meetings failed to produce results, they talked to the press.

Pennington and Bowyer had keyed on the controversial investigation into the Eastern Market fire. The two had spoken out last November to WJLA. By then the two had been transferred off the arson beat and put into details that had Pennington serving snacks to crews at fire scenes and Bowyer checking hydrants. We profiled Bowyer's plight.

The department appeared to ratchet up its efforts to remove the two once the Post took notice. The day after Courtland Milloy published a column on Bowyer and Pennington, the fire department served Pennington with charges that he had falsely claimed to be a certified fire investigator. A full timeline of the whole saga can be found here.

"It's extremely insulting," Pennington says. He had been a fire investigator since late 2001. "I'd written well over 500-to-600 reports." He adds that he and Bowyer have close to a 100 percent conviction rate.

On June 1, Pennington's attorney David Marshall wrote a letter to Assistant Attorney General Charles Tucker outlining why the the charges against his client were bogus. Marshall describes the charge as "patently frivolous and intended only to retaliate against Mr. Pennington for his exercise of his legal rights."

The charges stem from the fire department adopting a new policy over certifications. The new policy meant that a certified Pennington was not quite certified under the department's new regs. It then charged Pennington with violating this policy. Here's the catch: they charged him with violating the policy two months before they had adopted it. Marshall goes on to write:

"The due process violation grows out of the fact that the fire department seeks to penalize Mr. Pennington for violating a policy that did not exist at the time of his supposed infraction. The department first promulgated its policy against using the designation 'CFI' absent certification by the International Association of Arson Investigators ("IAAI") on December 9, 2009—two months after the October 9, 2008, incident that forms the basis for the charges....Because the rule was not in place when Mr. Pennington designated himself a CFI on a FD Form 23 on October 9, 2008, it would violate due process to apply the rule retroactively and to prosecute him on these charges.

In addition to accusing Mr. Pennington of violating a non-existent policy, the fire department seeks to punish him for listing his CFI credentials accurately and in a way that the relevant accrediting authorities agree was completely acceptable."

In the Milloy piece, AG Peter Nickles attacked both Bowyer and Pennington. He was in full war mode:

“It’s quite an effort that these two guys are making, giving TV interviews, filing complaints," Nickles told told Milloy. "We dispute almost everything they claim, including that they are individuals of distinction.”

So the OAG's turnaround comes as somewhat of a surprise. Marshall praises the OAG for not going forward with its case against Pennington. "The department was so eager to victimize Pennington, that they went out of their way to charge him with false stuff," says Marshall. "It was such a blatant attempt to railroad a fire fighter for having spoken out about wrongdoing at the top that the Attorney General and the fire department decided to do the right thing."

Bowyer faces his own set of charges and is scheduled to go before a trial board on June 15 and June 16. "Those charges are false," Bowyer says. "I'm really happy for Pennington. I hope the OAG does the right thing in my case as well."

Pennington is still on hydrant detail in the community service unit. He says the fire department still won't admit that he is a qualified, certified fire investigator.