Burlington Northern Santa Fe destroyed, withheld, misplaced or manufactured railroad records last year during a trial involving four young adults killed in a horrific 2003 train-car accident, the victims' families will contend today in Washington County District Court.

Each of the families was awarded $6 million in June by an Anoka County District Court jury that rejected earlier suggestions that the victims had tried to beat a train to the crossing. But lawyers for the victims' families say they should be compensated for unnecessary expenses they incurred.

Attorneys for the victims' families are prepared to argue that data downloaded into a computer by a Burlington Northern official within two hours of the Sept. 26, 2003, accident at the Ferry Street crossing were downloaded in violation of BNSF company rules, according to court documents. The disc was then hidden, misplaced or destroyed within a week of the accident, according to court documents.

Railroad records were suppressed, track permits were altered and Burlington Northern, claiming the track condition was not a factor in the victims' death, failed to produce pertinent videos for the trial, the families allege in court documents.

"A lot of this was kept from the jury for obvious reasons," said Mark Bradford, the Minneapolis attorney who represents the family of Brian L. Frazier, 20, of Newport, who owned the car and was likely driving the vehicle when it was hit by a westbound train traveling at 60 miles per hour.

Also killed in the crash were Bridgette M. Shannon, 17, of Ramsey; Corey E. Chase, 20, of Coon Rapids, and Harry Rhoades, 20, of Blaine.

"Records were destroyed, withheld from us for years, or manipulated, to put it softly, to create various kinds of delays," Bradford said. "The accident happened in September 2003, but last June, nearly five years later, Burlington Northern still was not forthcoming with evidence."

Representatives of Burlington Northern Santa Fe contend that the jury erred in reaching its verdict last year. A BNSF spokesman told the Star Tribune that lawyers for the railroad are expected to tell the court that the victims tried to drive around a crossing gate that was working.

The victims' families said the gates weren't working properly. The families began questioning Burlington Northern's submissions of evidence long before last June's verdict.

Judge Ellen Maas presided over the trial in June, but has since moved from Anoka to Washington County. Today's hearing will move to Washington County with her.

Paul Levy • 612-673-4419