Authorities Haven't Verified Report

A Brazilian newspaper says it has proof the two pilots flying an Embraer business jet that collided with a Gol Airlines 737 in September... were following ATC instructions to fly at the same altitude as the airliner.

The Folha de Sao Paolo newspaper reports that according to cockpit voice tapes from the business jet, controllers told that plane's crew to maintain 37,000 feet as they flew north to Manaus... and on an intercept course with the 737, heading south towards the capital of Brasilia.

As Aero-News reported, the Legacy 600 business jet was able to land safely following the collision... but the 737 crashed in the Amazon, killing all 154 people onboard.

If the Folha report is true -- and officials with the Brazilian Defense Ministry, which is conducting the official investigation, haven't verified that -- the news may exonerate pilots Joe Lepore and Jan Paladino. The two American pilots had their passports taken away and were told to stay in Brazil in the aftermath of the crash, pending possible criminal charges.

There's also the question... why would controllers assign an odd-number altitude, to a plane flying on a northwesterly heading? That contradicts the pilots' flight plan, as well as international airspace rules that assign odd-number altitudes to planes flying on headings between 0 and 179 degrees.

But ATC clearances overrule those guidelines.

"As we've maintained from the beginning, the pilots were cleared to Manaus for flight at three-seven-zero at the time of departure, and we're confident that anyone that is able to hear the tower tapes or see a transcript of the instructions issued by the Sao Jose tower will hear the exact the same thing," attorney Robert Torricella told The Associated Press.

Torricella -- who represents New York's ExcelAire, the owner of the Legacy 600 -- also called on Brazilian investigators to suspend the criminal probe against the two pilots until the accident investigation allows for "frank disclosure of all the facts." He also asked that Lepore and Paladino be allowed to return to the US.

"It is unreasonable to expect them to remain here, essentially under confinement, while what could be a lengthy accident investigation continues," he said.

In related news, a work slowdown by Brazilian air traffic controllers has led to numerous flight delays across Brazil. The controllers say their facilities are understaffed, underpaid, and overworked... despite growing air traffic over that country.

That sounds familiar...

FMI: www.brasilemb.org