Twelve weeks after the Dali cargo ship lost power and crashed into a famed Baltimore bridge, the mammoth vessel will soon leave for repairs 鈥� with only a handful of crew on board.
The 20 Indians and one Sri Lankan on board have been stuck on the ship since March 26, when the 984-foot ship lost propulsion, veered off course and destroyed the Francis Scott Key Bridge 鈥� killing six construction workers. They鈥檝e been unable to leave for a variety of reasons.
But at a Thursday court hearing, a judge approved a deal that would allow eight of the crew members to fly home as early as this week. And on Friday, a spokesperson for the crew鈥檚 employer said federal authorities have cleared two more seamen to return home halfway around the world.
The two newly cleared crew members are both cadets who were on board as part of a training program when the tragedy unfolded, said Darrell Wilson, a spokesperson for ship manager Synergy Marine.
As for the 213-million-pound vessel, which has been docked at Baltimore鈥檚 Seagirt Marine Terminal for a month, the Dali is now tentatively scheduled to leave for Norfolk, Va., on Monday for repairs.
Four crew members will stay on board for the voyage, said the Rev. Joshua Messick, director of the Baltimore International Seafarers鈥� Center and chaplain for the Port of Baltimore.
The crew members who do not have clearance to fly home 鈥� including all the ship鈥檚 officers 鈥� must stay in the United States until litigation involving the crash is finished, which could take more than a year, Messick said Thursday.
Wilson, the Synergy Marine spokesperson, could not confirm whether the remaining crew members will be forced to stay in the U.S. until the end of litigation. But he said they鈥檙e remaining in the US for now 鈥渂ecause they are participating in the investigation.鈥�
The crew members who will stay indefinitely in the US will be moved to hotels or apartments, Messick said.
鈥淭hey鈥檙e anxious, under considerable stress considering they don鈥檛 know what the future holds,鈥� Messick said Thursday. 鈥淭hey don鈥檛 know when they鈥檒l see their family again or how they鈥檒l be treated here.鈥�
The drama over 8 crew members鈥� fate
While none of the crew members have been charged in connection with the disaster, investigations are underway to determine who might be responsible. Baltimore鈥檚 mayor has announced legal action, vowing to 鈥渉old the wrongdoers responsible.鈥�
Attorneys for the city and for a bridge inspector who nearly died in the disaster want to depose the crew members, according to filings in the U.S. District Court of Maryland. But legal technicalities have prevented them from doing so, said Jason Foster, an attorney representing the bridge inspector.
The attorneys expressed shock in court documents this week after receiving an email from William Bennett, an attorney representing the ship鈥檚 owner and manager, saying eight crew members might soon be able to fly home.
鈥淥ur clients are in the process of arranging for replacement crew for the DALI,鈥� Bennett wrote in an email to dozens of recipients Tuesday. 鈥淲e have been advised that the U.S. Coast Guard will permit certain crew members to return to their home countries but has requested that other crew members remain in the United States.鈥�
The eight eligible crew members do not include any officers, Wilson said. They include a cook, a fitter, an oiler and several able-bodied seamen.
鈥淎ll of these crew members have been interviewed by DOJ and DOJ does not object to their departure from the United States,鈥� Bennett wrote in his email, which was attached to court filings. CNN has reached out to the Department of Justice and the U.S. Coast Guard for comment.
Attorneys for the city and the bridge inspector filed emergency motions this week, asking a judge to temporarily ban any crew members from leaving the U.S. because they hadn鈥檛 been deposed.
But opposing sides reached an agreement late Wednesday that would protect attorneys鈥� ability to get sworn statements from the crew while allowing some of the seamen to go home.
Their depositions 鈥渨ill be taken in London or elsewhere by written agreement of all parties to the Litigation,鈥� according to terms of the agreement filed in court.
The depositions will take place 鈥渘o sooner than November 2024,鈥� the document states.
Synergy Marine and Grace Ocean must make the crew members available for depositions in the months ahead and provide documents including personnel files, employment contracts and training files, according to the terms of the deal.
A judge approved the agreement Thursday. But it鈥檚 still unclear exactly when those eight seamen will get to leave, Wilson said.
Why the crew wasn鈥檛 deposed earlier
No civil lawsuits can get underway because of a pending request by the ship鈥檚 owner and manager to limit their financial liability, said Foster, one of the attorneys representing the bridge inspector. Foster said his client narrowly escaped and lost six friends in the bridge collapse.
Six days after the catastrophe, Grace Ocean and Synergy Marine filed a petition in federal court asking for a US$43.6 million cap on potential liability payouts.
But a decision on that request probably won鈥檛 happen anytime soon, since potential claimants have until Sept. 24 to come forward, Foster told CNN Wednesday.
And due to the Federal Rules of Civil Procedure, Foster and other attorneys weren鈥檛 able to depose the crew members until all of the potential claimants had come forward 鈥� in other words, possibly September or later.
But with the new agreement approved Thursday, the eight crew members can leave the country before they鈥檙e deposed. And if the ship鈥檚 owner or manager violates any terms of the agreement, they could face sanctions by the court.
How the crew is faring now
Despite months-long separation from their families, the seafarers are in good spirits, said Wilson, the Synergy Marine spokesperson.
He said the company 鈥渓ooks after them on a daily basis,鈥� helping make sure they have the supplies they need. And local seafarers鈥� organizations have 鈥渂een tremendous in helping to look after the crew,鈥� Wilson told CNN on Wednesday.
The seamen have had pizza and catered foods delivered as well as access to cricket matches broadcast from their home countries 鈥� 鈥測ou know, small touches that mean a lot to the crew,鈥� Wilson said.
The fate of 11 crew members who must stay in the US remains in limbo. It鈥檚 not clear how many more weeks or months they鈥檒l have to stay half a world away from their loved ones.
鈥淎s soon as we can get them cleared,鈥� Wilson said, 鈥渨e鈥檇 like to return them to their families as well.鈥�
CNN鈥檚 Mary Kay Mallonee and Jeff Winter contributed to this report.
