The images explain a great deal. You can easily traverse into the avy location from the lower gate and dont really have to go uphill much at all. Its a somewhat gray area hence the case but yea, bottom line, dont poach. I guess in most areas you can get away with this but this particular slope is know to be one of the MOST avalanche prone on the entire mountain.
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Aren't the images in Ken_R's post and yours the same, but with the added image of Taft in Ken's?I forgot, there are pictures from the CAIC showing the area was tracked to smithereens by the time the avalanche happened:
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http://avalanche.state.co.us/caic/acc/acc_report.php?acc_id=432&accfm=inv
And in that context, consider the Vail Daily reporting on the unbelievable (IMO) testimony from Julie Rust, again the head of Vail Ski Patrol that day, and other patrollers:
The Vail Resorts ski patrollers testifying for their company have more than 100 years of combined experience, and all testified that they are unaware of anyone hiking up from Prima Cornice's lower gate to access better snow.
Jim Heckbert, the attorney for Taft Conlin's parents, remained unconvinced.
Heckbert said four people testified under oath that when the upper gate was closed and the lower gate was open, not only did those four sidestep up but did it with a group as large as 10 people at once. And not only do those four do it, they've seen other people do it, Heckbert said.
"If these people saw all this, do you have any explanation why the ski patrol was unaware of this?" Heckbert asked Kevin Latchford, one of those ski patrollers.
"No, I don't have an explanation," Latchford answered.
Julie Rust was head of Vail Ski Patrol on Jan. 22, 2012, when an in-bounds avalanche killed 13-year-old Taft Conlin. Rust said she was surprised to hear about the behavior but testified that people sometimes do some "interesting" things.
https://www.vaildaily.com/news/vail...-cornice-was-good-to-go-for-skiing-they-said/
I get what you're saying, that Vail Patrol *perhaps* should have been more clear that uphill access is unavailable when the upper gate was closed, no matter the reason of the closure.
Where I disagree with you is that, you and others have been clear that it was common practice. The question I have for you (and others who've done that uphill hike) is, did you realize that it was at your own risk?
In my mind, I would realize it was at my own risk, but I don't know the terrain in that area well enough to make that judgement call.
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