Fired Metro-North workers indicted in exam cheating scandal

NEW YORK (WABC) -- Metro-North workers fired for cheating on their exams last year were arraigned on criminal charges Monday afternoon in Lower Manhattan.

Manhattan District Attorney Cy Vance announced the indictments of 13 individuals, including current and former employees of the Metropolitan Transportation Authority, for wrongfully obtaining and distributing questions and answers to exams required to become a licensed train conductor or locomotive engineer.

The defendants are charged in multiple indictments in New York State Supreme Court with Impairing the Integrity of a Government Licensing Examination.

The exam covered the "physical characteristics" of a section of the railroad, signals, curves and speed limits. It is used toward certifying conductors to work on particular segments of the system, including yards and branches. The cheating allegedly involved a cell phone picture of the exam.

"We trust train conductors and engineers to deliver us safely to work, home, and everywhere in between," Vance said. "In this case, the defendants are charged with helping candidates cheat on their license exams, which are designed to test individuals' knowledge of critical safety information, such as speed limits and emergency procedures. The alleged conduct poses potential dangers far beyond the act of passing answers, and I thank the MTA and all those involved for taking steps to stop this kind of activity."

Their attorney calls none of those things crimes. "There was never at any time any danger to the public your engineers and conductors you every day and forth to promote the safety of the railroad did their job they did it effectively," said Jeffery Chartier, attorney.

In order to become a licensed locomotive engineer or train conductor, prospective candidates must pass exams administered by Metro-North Railroad. The tests are designed to evaluate candidates' knowledge of braking controls, emergency procedures, train traffic signals, speed limits, and the physical characteristics of various Metro-North lines and stations, among other things. Engineers are also required to pass several tests as part of a triennial recertification process.

According to the indictment and documents filed in court, between December 2013 and May 2014, nine defendants identified as Melanie Bannister, Bernice Bell, Omar Carillo, Dennis Degenfelder, Joseph Fowler, Patrick Jones, Sean Macauley, John Twardy and Donald Finnerty are accused of emailing photographs of three different tests and the corresponding answers to other conductor candidates.

In one instance, Degenfelder was allegedly able to access the exam and record a portion of it with his cell phone while an instructor was out of the room, before emailing the recorded test to several of his classmates.

Three prospective engineers -- Danielle Bonge, Anthony Carbone and Coltyn Reindel -- are also charged with distributing digital copies of three different tests to other locomotive engineer candidates who had yet to take the exam. Another engineer candidate, Raymond Fuentes, allegedly emailed photographs of completed answer sheets to an engineer who had not yet completed the tests as part of the three-year recertification process required for all locomotive engineers.

As a consequence, authorities say eight different tests administered at Grand Central Terminal were wrongfully obtained and distributed between November 2011 and May 2014. As of this date, all of the above referenced tests have been replaced by new versions.

The MTA issued the following statement:

"Safety is Metro-North Railroad's highest priority, and the railroad is committed to rooting out any activities that fall short of the highest standards. When Metro-North first became aware of these allegations a year ago, it immediately brought in the MTA Police Department and the MTA Inspector General to independently investigate and take action. That process culminated in the indictments announced today. In the interim, MNR disbanded one class of conductor trainees and re-tested and extended the training of other conductor and locomotive engineer trainees. The railroad also immediately began overhauling its testing protocols. All testing procedures were strengthened to ensure that tests remain confidential and secure, and new randomized tests are now used. Engineer trainees and conductor trainees complete an enhanced battery of written and performance tests, are also evaluated by qualified employees during on-the-job training, and at the end of the program, must complete two comprehensive performance tests to qualify. Conductors and engineers on the job face mandatory retraining over several days every year, as well as operational testing by qualified testing officials. Therefore, while these allegations are extremely disturbing, Metro-North is confident that the railroad is safe for its customers and employees, and that every engineer and conductor is competent and qualified to do their jobs."

Each of the accused has pleaded not guilty. The defendants are due back in court in October.