The fatal 2008 crane collapse is heading to open court, prompted by worries by both prosecutors and families of victims, according to a report in the New York Post. This nixes an early deal to have the pre-trial part of the case handled with an off-the-record phone call.

This is victory for not only the families of the crane collapse but for public access to the courts as well, the paper reported that the lawyer for the family of another of the victims, Susan Karten, saying.

Without an open hearing no transcript would have been created, and substantive, evidentiary matters would have been discussed by phone.

Lomma, head of New York Crane, has not been in court since Nov. 3, and had not scheduled to return until his trial date, now set at Feb. 21, the paper reported.