It is a FAR violation to operate an aircraft in an unsafe manner. I believe that to fly while fatigued is unsafe. About a year before the AA LIT accident, I called in fatigued for the last leg of the day after the day extended due to an air-interupt and expected 1.5 hour maint. delay. I was paid for the leg not flown and no questions asked. We get paid big bucks to make tough decisions, one of the toughest being self evaluation. Nobody wants to be a non-hacker but the alternative is obviously much worse. When I self evaluate fatigue, I ask myself 'would I want my family abourd a flight if the pilots felt like I do now'.
I feel for Susan Buschmann's loss but completely disagree that her husband was exonerated (a spin of astronomial proportions). I beleive that the jury finding was that he might have survived if the light standards had been located properly, then of course he would also would have survived if it weren't for his poor decision making. A sad incident for all involved.