This is what a jury gets to decide, assuming it gets to trial. My guess is that Connex and Metrolink between them will settle in a hurry before any more allegations like this get into the public record. A jury has to use its common sense to determine the truth or falsehood of testimony. Without being in a trial environment, I had to use my common sense and figure that if someone was being as reckless as Sanchez and texting while at the throttle, it would have come to someone's notice. It's alleged that it did, several times, and apparently something stopped even formal discipline against the guy.

Maybe Connex/Metrolink's attorneys can show the guy is lying on cross-examination. Or maybe they don't want the testimony on the 5 o'clock news at all. My bet is this will settle in a hurry, which is probably why the attorney made the statement he did.