Brazil prosecutors want American pilots in prison

[Judi Lynn]

Last edited Tue May 27, 2014, 11:23 PM - Edit history (1)

Source: Associated Press

Brazil prosecutors want American pilots in prison
6:20 AM Wednesday May 28, 2014

SAO PAULO (AP) Brazilian federal prosecutors are seeking imprisonment for two American pilots involved in the 2006 crash of an airliner that resulted in 154 deaths.

In 2011, a federal judge ruled that pilots Joseph Lepore, and Jan Paladino were negligent for not verifying that anti-collision equipment and a device that would have alerted controllers to their location were functioning in their Embraer Legacy 600 executive jet. Both have both denied that accusation.

Prosecutor Lindora Maria Araujo says they should have appeared before a Brazilian judge.

While they were sentenced to four years in prison the sentence was converted into community service in the United States.

On edit:

The original link changed, please use this link provided by OKNancy:

http://www.seattlepi.com/news/article/Brazil-prosecutors-want-American-pilots-in-prison-5507345.php

Read more: http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11263062

[Adrahil]

1. Were they convicted of the same crime in the USA?

I'm not sure of the law if they've already served a sentence in the USA fro the same crime. It seems like an odd jurisdiction issue.

[Major Nikon]

3. They were never convicted of anything in the US

Brazil air traffic control assigned them the altitude which resulted in a collision with another aircraft that was also assigned the same altitude. The NTSB found a series of fuckups by Brazil ATC.

http://www.flightglobal.com/news/articles/ntsb-loss-of-39effective-air-traffic-control39-at-root-of-2006-legacy-600-gol-737-320034/

[Adrahil]

4. Hmmm so what is the how "sentenced in the USA" about? [updated]

Thanks for the link.

ETS: Ah never, mind, I see the sentence came from a Brazilian court and the service was to be served in the USA. No second bites at the apple, Brazil.

[Major Nikon]

7. Actually what happened is that as soon as the pilots were released they got out of Brazil

...never to return. Given the kangaroo court situation there they can hardly be blamed.

[groundloop]

5. Transponder could be deactivated by the pilot placing their feet on the footrests ????

From the linked article:

"This was followed by a warning to Embraer ERJ and Legacy operators that they could accidentally deactivate the type's transponder by placing their feet on the footrests directly below the instrument panel."

I'm wondering if anyone can shed some light on this. I've never flown planes as advanced as these, I'm wondering why the manufacturer decided it was desirable to automatically turn off the collision avoidance system when the pilots feet are on the footrests. I assume that would only be when flying on autopilot, as the rest of the time both feet of one of the pilots would be on the rudder pedals.

[Major Nikon]

6. The footrest is close to the instrument panel

So it's not as if simply putting their foot there deactivates anything, but rather places their foot in a position where it could turn something off.

[groundloop]

9. That makes much more sense.

And the thing that makes me sick about all of this is that the air traffic controllers put those two planes on a collision course at the same altitude, yet the Brazilian government chooses to place blame on the pilots for this disaster.

[Major Nikon]

10. That's because they have politicized their accident investigations

Blaming the pilots absolves the bureaucrats and politicians of any responsibility.

[Judi Lynn]

8. Very strange resolution of a horrendous, nasty air crash. Earlier article:

US pilots to be retried for Brazil airline crash
By STAN LEHMAN
— Oct. 9, 2012 5:20 PM EDT


[font size=1]
FILE - In this Dec. 9, 2006 file photo, Joseph Lepore, right, and Jan Paladino, both U.S.
pilots who were detained in Brazil for more than two months following a midair collision
that killed 154 people, embrace as they are greeted by friends and family upon returning
to Long Island MacArthur Airport in Ronkonkoma, N.Y. The two pilots will be retried in
absentia on Oct. 15, 2012 for their role in a 2006 airline crash that killed 154 people in
Brazil, the federal prosecutor's office in Brazil said Tuesday, Oct. 9, 2012.
(AP Photo/Ed Betz, File)[/font]

SAO PAULO (AP) — Two American pilots of a business jet will be retried for their role in a 2006 airline crash that killed 154 people on an airliner in Brazil, the federal prosecutor's office said Tuesday.

Pilots Joseph Lepore of Bay Shore, New York, and Jan Paladino of Westhampton Beach, New York, will be retried in absentia Monday, a statement released by the prosecutor's office said.

The two were allowed to leave Brazil two months after the crash, but were convicted last year and sentenced to 52 months in prison. The sentence was commuted to community service in the United States.

The retrial was ordered after prosecutors appealed the sentence and asked that it be increased to 69 months in prison, without the possibility of it being replaced by community service.

"The sentence should be increased because despite being professionals the defendants kept the aircraft's anti-collision system turned off for almost one hour, thus causing the accident," the statement quotes prosecutor Osnir Belice as saying.

More:
http://bigstory.ap.org/article/us-pilots-be-retried-brazil-airline-crash

[OKNancy]

2. Much better article here

http://www.seattlepi.com/news/article/Brazil-prosecutors-want-American-pilots-in-prison-5507345.php

[Judi Lynn]

11. The story vanished after I posted it, leaving only the front page behind.

I will link the story from the A.P. article from Seattle you provided. Thank you, so much.