Lawyers Plan To Appeal; Pilots Staying Put For Now

In a move anticipated by counsel defending two American pilots in the aftermath of a fatal midair collision last year, on Friday a Brazilian judge denied the pilots' request to testify in their case in that country from US soil, citing an international legal treaty.

Joseph Lepore and Jan Paladino were involved in a mid-air collision with a Gol Airlines 737 over Brazil in September 2006 that claimed the lives of 154 people. They are being tried in Brazil on manslaughter-related charges and could be facing three years in prison, as ANN reported.

"We will appeal today's ruling," said attorney for the ExcelAir pilots, Joel R. Weiss, who said last month he expected the judge's move. "Disallowing the taking of testimony in the United States from indicted defendants would amount to an end run around the protections of our extradition treaty and offend the concept of fair play."

Federal Judge Murilo Mendes's decision was supported fully by federal prosecutor, Thiago Lemos de Andrade. He insists the request, made by the pilots' Brazilian attorney, Theo Dias, and their absence from the hearing is merely a delaying tactic, Newsday reported.

"The request is absolutely unreasonable," the judge said. "The defendant is the one who must go to the judge, and not the contrary."

Carlos Pimentel, an attorney representing the family of one of the victims, requested an arrest warrant be issued for Lepore and Paladino. The request was denied as the pilots had accepted a Brazilian subpoena.

It was "amazing that a personal injury lawyer seeking money for a client would be given a voice in the criminal justice system," Weiss said.

Weiss contends a legal assistance treaty as well as Brazilian legal procedure provides support for their request to provide testimony from the US without interference. The "pilots are innocent and strongly interested in testifying and telling their story."

Lepore and Paladino stand accused of turning off the transponder on the Embraer Legacy 600 executive jet they were delivering to the US. They were struck by a Gol airlines-operated Boeing 737 at 37,000 feet. The Embraer landed safely having suffered a small amount of tail damage, but the 737 went down killing all 154 people on board.

The pilots deny turning off their transponder. They contend they were flying where instructed by controllers. Both were detained in Brazil for more than two months following the accident before being allowed to return to the US.

FMI: www.brasilemb.org