Pilot Seeks Return Of Plane While He Awaits Trial

The pilot who was forced to land in Limerick (PA) Jan. 15 after nearly colliding with a police helicopter wants prosecutors to return his plane while he awaits trial on charges of risking a catastrophe and reckless endangerment. John V. Salamone, through his lawyer, filed court papers Wednesday seeking the return of his Piper Cherokee. "The district attorney has taken some steps to impound his airplane, and there's no authority to do that, and he would like to be able to sell his airplane. He doesn't have any intention of flying it, but he'd like to be able to sell it," defense lawyer Joseph P. Green Jr. said. A judge is expected to rule on the matter by March 22 after prosecutors respond to the request.

On Tuesday, District Justice Walter F. Gadzicki Jr. ordered Salamone, 44, of the 900 block of Temple Road in North Coventry, to stand trial on charges of risking a catastrophe and reckless endangerment. Gadzicki dismissed a DUI charge, determining there is no state law regarding the operation of aircraft while intoxicated. Green now wants all the charges against Salamone dropped because he claims prosecutors have no authority to take Salamone to court. Green has argued that federal law preempts state law in the area of commercial pilot qualifications. Green believes prosecutors lack jurisdiction to prosecute Salamone for matters that are solely within the jurisdiction of the Federal Aviation Administration. "It's a matter of federal law. Pilots go from state to state, from jurisdiction to jurisdiction, and they have to know that there is a single set of rules that they have to follow. That single set of rules is administered by the FAA," Green said.

The FAA has already suspended and revoked Salamone's commercial pilot's license, and Salamone has voluntarily surrendered his FAA medical certificate, Green said. "He's prepared to accept responsibility for his conduct in light of those rules. But the district attorney really doesn't have any authority to administer those rules," Green said. Assistant District Attorney John Gradel has argued that the commonwealth has jurisdiction to pursue criminal charges against Salamone. Hodgson gave Green until March 10 to file written arguments on the matter and gave Gradel until March 17 to respond to the request. The judge will then hold a hearing on the matter later this month.

Salamone, according to prosecutors, had a blood-alcohol content of 0.15 percent, nearly twice the current legal 0.08 percent limit to operate a motor vehicle in Pennsylvania when he was forced to land his plane at the Pottstown-Limerick Airport Jan. 15. In the criminal complaint, authorities also said Salamone had traces of Valium in his bloodstream. Prosecutors said Salamone's plane came within 900 feet of a commercial airliner packed with passengers during the flight. Salamone's plane also came within a quarter-mile of the Limerick nuclear power plant as a Philadelphia police helicopter gave chase, prosecutors said. Twice the plane came close to flying into the helicopter over a residential community in the air space above the Limerick airport, detectives reported.

FMI: www.montco-pa.com/docs/Govt/limerick.htm