Cosco Busan pilot Capt. John Cota whose container struck a Bay Bridge tower on November 7, causing the spill of 58,000 gallons of oil into the San Francisco Bay and the death of approximately 2,500 birds, had a DUI conviction and a history of alcohol abuse. He also took numerous prescription drugs that could have impaired him, according to testimony at a hearing of the National Transportation Safety Board.

Despite a series of illnesses including glaucoma, depression, kidney stones, migraines, pancreatitis and, most recently, sleep apnea, for which he was taking medication which could have impaired him, Cota succeeded to hold on to his federal mariner’s license, a thing the NTSB investigators grilled Coast Guard officials about.

“I wouldn’t want anyone taking those medications and having to make decisions in safety-sensitive positions,” Dr. Robert Bourgeois, who evaluates mariners for the Coast Guard and airline pilots for the Federal Aviation Administration, testified, according to the San Francisco Chronicle.

According to his doctor, the list of prescription drugs Cota was taking in 2007 or had taken in the past included Provigil (to fight drowsiness), Valium, as sleep aid, Lorazepam, an anti-anxiety drug, Darvon Compound-65, a narcotic pain reliever, Wellbutrin, an anti-depressant, Aciflux for heartburn, Lipidor for high cholesterol, Alphagan for glaucoma, Imitrex, a migraine drug, Synthroid for thyroid deficiency and Potassium citrate for kidney stones.

Side effects of these drugs include confusion, agitation, dizziness or faintness, seizures and tiredness, depression, agitation, weakness, blurred vision and others, which could significantly stay in the way of his work as a captain.

In addition to his medical treatment, Cota has a history of alcohol abuse, a DUI conviction in February 1999, was apparently diagnosed with alcoholism, and entered an alcohol rehabilitation program. The alcohol use was the likely cause of his pancreatitis, Dr. Bourgeois said.

Cota’s lawyer Jeff Bornstein, disputed statements about his condition but he would not comment about what medicines Cota took on the morning of the accident.

“There’s absolutely no link between any of the medically prescribed medications that Captain Cota used on the morning of Nov. 7 and this incident,” Mr. Bornstein said.

“Captain Cota is a qualified, experienced pilot, who has worked on the San Francisco Bay for almost 27 years. He literally has safely assisted thousands of ships in and out of the Bay throughout his career. We strongly believe that once all of the evidence is heard, a jury will find in Captain Cota’s favor,” Cota’a Lawyer was quoted by Reuters last month.

Cota had passed a drug and alcohol test after the accident, though such a test is not meant to detect most legally prescribed drugs. Mr. Bornstein has also argued that the Coast Guard’s traffic service could have warned Cota he was about to crash into the bridge instead of simply question his course, as happened.

Cota has pleaded not guilty to criminal negligence and violating environmental laws and refused to testify at the hearing.

Meanwhile, the costs of the cleanup and recovery were estimated at $61 million, and the after- incident operations will continue until at least May 2008