By DANIELLE ULMAN
Capital News Service
WASHINGTON - Irene Golinski pleaded with her husband on
Sept. 11, 2001, to leave his desk at the Pentagon and come home
after she learned a plane had hit the World Trade Center in New
York.
Minutes later, their call was cut off when a plane
crashed into the Pentagon.
For her, the decision to rebuff a government-funded
payment for the death of her husband, Army Col. Ronald Golinski,
was simple. Golinski was not interested in having the American
public pay for her husband's death, and she wanted answers.
Golinski and three other Maryland families settled their
lawsuit Tuesday with the airlines and security firms they held
responsible for botching airport security on the day their
relatives died. They announced the confidential settlement in a
news conference at the National Press Club Wednesday.
"I never felt that the taxpayers needed to pay for what
happened to us on 9/11. I didn't feel it was appropriate,"
Golinski said.
They ultimately did find out more about why airline
security failed so spectacularly that day, but the public may
not ever learn the details.
The information has been sealed by U.S. District Judge
Alvin Hellerstein of the Southern District of New York, because
there are 17 other similar cases pending. About 80 lawsuits have
already been settled.
"We're hoping to approach the judge at the right time to
get him to unwind the gag order," said lawyer Keith Franz, of
Azrael Gann and Franz, who represented the families.
Franz said the case illuminated lapses in security not
found in the 9/11 Commission report, which he called a
government response to the terrorist attacks, rather than the
corporate response the litigation covered.
"It was these brave families that took it upon
themselves" to get answers, Franz said, when 98 percent of the
families chose to accept government compensation.
Franz said he was unable to discuss airline and security
firm missteps because of the pending litigation, but said there
were "profound failures" at the check points -- where many of
the hijackers set off metal detectors and were sent through
anyway -- in security training and in the hierarchy of the
corporations.
Those security breaches, "made it possible for the
hijackers to predict the fallibility of the system," Franz said.
Taking payments from the federally funded Victim
Compensation Fund would have stripped the families of the right
to sue. The fund was set up by Congress days after the attacks
and was intended to protect the airlines from an onslaught of
lawsuits and financial liability, Franz said.
Julia Shontere, who lost her daughter, Angela Houtz, in the
Pentagon attack, said she sued to win accountability from the
airlines.
"We know exactly who did it," Shontere said, "but wanted
to know how it happened."
All of the victims represented in the case were working
inside the Pentagon at the time of the attack.
Hellerstein must approve the settlement, although that
may not come for months.
The federal fund awarded an average compensation of $2
million, with payments ranging from $250,000 to $7.1 million,
depending on the age and income of the victim, according to the
U.S. Department of Justice.
More than $7 billion was allotted to victims who applied
for compensation, said Charles Miller, public affairs specialist
for the Department of Justice.
Christine Fisher of Potomac, whose husband Gerald "Geep"
Fisher died in the terrorist attack, said she participated in
the lawsuit because she thought she and her stepchildren would
be penalized by the government because her husband had life
insurance and was 57.
The lawsuit was filed in 2003 against American Airlines,
operator of flight 77, which the terrorists maneuvered into the
Pentagon after it took off from Dulles Airport. Other groups
named in the suit were the Metropolitan Washington Airport
Authority, Argenbright Security and United Airlines, which were
responsible for security screening at Dulles.
The families were able to sue because the airlines were
responsible for security on the day of the terrorist attacks,
said Charles Slepian, security analyst and founder of the
Foreseeable Risk Center in New York City and Portland, Ore.
"The federal government has changed it so security is
provided by Uncle Sam and not by United Airlines," said Slepian,
a former TWA employee. "All of the regulations at the airlines
have been changed."
But the government should have always had the
responsibility, he said.
"These were not only airline passengers; these were
thousands of civilians on the ground. In my opinion, it was
always their responsibility," Slepian said, "they just passed it
onto the airports and the airlines."