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US Pilots Boycott Brazil's Unfriendly Skies PDF Print E-mail
Written by José Wilson Miranda   
Saturday, 07 October 2006

Denis Breslin, communications chairman of the Allied Pilots Association (APA), an entity that represents American Airlines 13,000 pilots has recommended to all US airmen to avoid flying over Brazil's air space.

Breslin argues that they risk being jailed and charged with murder in case of an accident. Captain Breslin told reporters that he is sickened by what is happening in Brazil to two of his colleagues.
   
After the accident with Boeing 737 of Gol airline, which left 154 people dead, the pilots of a small jet, a Legacy, that was being taken from is factory in São José dos Campos, São Paulo, to the United States, had their American passports confiscated.

The Brazilian Federal Police has also opened an investigation to determine whether they should be blamed for the September 29 accident in a desolate area of the Brazilian jungle.

The two pilots are Joseph Lepore and Jan Paladin. Paladin used to work for American Airlines, but was furloughed after Sept. 11. He stil remains on the active pilots list though and might be called back to the airline company.

Captain Sam Mayer, chairman of the APA, informed that several pilots who work for smaller companies are already avoiding Brazil when they can. Mayer says this is the best thing to do because "nobody wants to go to a place where after suffering an accident, you can end up in jail and have the keys thrown away."

He calls it loathsome the idea that someone can be jailed just because he is doing his work. "No pilot starts the day thinking: "Today I'm going out to kill people," he said.

A Brazilian prosecutor has asked a judge to indict the American pilots for manslaughter charging them with having provoked the accident between the Boeing and the Legacy.

According to Mayer, in cases like that the procedure is very different in the US. In the United States, he says, an investigation would be started and the pilot might be sued, but he wouldn't be arrested like that and charged with manslaughter before the inquiry is concluded.

For him, what is happening in Brazil - the seizing of the passports and the manslaughter charge - is a complete absurd and creates a "terrible precedent."

He is not suggesting, however, that he knows who is guilty of the accident: if the pilots or the Brazilian air controllers. "This is for the investigation to find out," he states.

Joe Sharkey, the New York Times' reporter who was aboard the Legacy plane when the collision happened says that he fears for the American pilots. He told during an interview with BBC radio's The  World program that he felt hostility in the interrogation he, the pilots and the other passengers in the jet were subjected to. He was interrogated from late afternoon, on September 20, till early morning the next day.

As an example of hostility he mentioned that he had to take a picture without his shirt so that the interrogators would have proof that he had not been "tortured" during the interrogation.

Sharkey also lambasted some "populist" sections of the Brazilian press that portrayed the story as if the accident had been caused by "capitalists hanging around air space and killing 154 people."

The Times reporter once again criticized the Brazilian air control especially in the Amazon region and revealed that he wanted to stay in Brazil a little longer but was urged to leave Brazil at once. "You haven't been told yet that you are arrested, so you should leave today." And that's what he did.

Recall
 
On September 12, more than two weeks before the Boeing-Legacy accident, the United States Federal Aviation Administration (FAA) ordered the recall of the same transponder model used in the Legacy involved in the crash.

The device is manufactured by the American company Honeywell. The FAA has given 18 months for all such transponders to be fixed by the manufacturer.

The failure in the equipment might be the explanation for the accident. Some investigators in Brazil have accused the American pilots of turning off the transponder this way preventing the Boeing and the Brazilian air control to detect the little jet. A working transponder would have prevented the collision between the two aircraft.

The wives of both pilots arrived, this Saturday, October 7, in Rio de Janeiro, to visit their husband. Ellen Lepore, 41, and Melissa Paladin, 33, came from New York in an American Airlines flight. They went directly from the Tom Jobim International Airport to the  JW Marriott hotel, in Copacabana, where the pilots are staying, without talking to reporters.

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......
written by realitycheck, October 08, 2006
And such a warning is right !

And The less a foreigner is in Brazil, the less he has also a chance to be attacked and robbered !

Simple statistics !
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written by sandra, October 08, 2006
After a fruitless online research, where I couldn't find articles to back up the supposedly comments made above by Mr. Sharkey and Mr. Breslin, I felt the urge to express my opinion.

I've been following this incident since it happened, reading to news from various countries such as Brazil, France and the US, and it's sad that people make such irresponsible comments... The two American pilots had their passports apprehended as a precaution to not leave the country during the investigation and, not in a single moment, were charged with anything, or threatened to be thrown in jail (on the contrary, they are in a very nice hotel by the beach).

Brazil is a sovereign country and, as such, has to have their investigation conducts respected (let's no even get started on the American "outsourced" investigations!). No shortcuts have been made, they are simply following their protocol for this type of case. Also, it seems that Americans forget that are members from both the FAA and the NTSA in the commission investigating the accident!

As regarding the possible flaw in the air traffic control, it's important to note that the system used in the country - that had the installation finished this year - is exactly the same one used in the US - installed only in 2005.

Please, have some concrete arguments to back up your stories...

My thoughts are with the 154 victims and their families.
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Sickening
written by Luiza Cruz, October 08, 2006
What is really sickening is the arrogance of Mr. Breslin and others like him that believe that they can go to a democratic country like Brazil, do whatever they want and not have to answer to justice.
Be a human citizen Mr. Breslin not only an american one! Do not waste yr time thinking about two american pilots that are far to well off, in one of the best (and more expensive) hotels in Rio de Janeiro, basking themselves in the sun and drinking caipirinha. Think instead about the 155 brazilians that lay dead in the middle of the Amazonian jungle, many bodies not yet rescued, many families in despair.
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Arrogance and unjustified superiority complex...
written by Boris, October 08, 2006
There is a very unfortunate tendency in the United States to put itself and her citizens above and beyond the laws of sovereign countries. As a US citizen, I am ashamed of the PR trickery and unjust accusations against Brazilian authorities. My heart goes out to the families and friends of the victims. I hope that the responsible party is identified and that it would have to bear the full weight of legal and just punishment.
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written by realitycheck, October 08, 2006
most of the forums members above forget, on purpose, the thousands and thousands innocents victims, many of them innocents children, that are killed yearly by
- the death squads
- the police forces
- large landowners

Therefore I have the most stupid basic question :
WHERE IS/WAS THE BRAZILIAN JUSTICE ?
IF THERE IS A REAL BRAZILIAN JUSTICE, HOW MANY MURDERERS IN THE ABOVE MENTIONNED EXAMPLES ENDED UP AND ARE STILL IN JAIL AND HOW MANY CRIMES ENDED UP WITHOUT ANYONE FOUND GUILTY ??????

Of the 700 crimes made by large landowners in one state only during the last decade or so, not even 10 murderers ended up in jail !

My heart TOO goes to the families of the 154 victims BUT ALSO TO THE TENS OF THOUSAND FAMILIES WHO HAD VICTIMS DURING THE LAST DECADE ONLY AND FOR WHICH THE BRAZILIAN JUSTICE DID NOTHING !!!!
And contrary to the plane tragedy which was involuntary, whoever is responsbile, THE KILLINGS I AM REFERRING ABOVE WERE........VOLUNTARY !!!

Quite a difference.....in my humble view !

The Brazilian justice is renowned to be The or One of the Worst, and taking their defense doesnt augur well for the families of tomorrow innocents victims !
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a gift to Ssandra :
written by thetruth, October 08, 2006
the following is an extract of an article that appeared also in 0'Globo (not translated by me...but reported in another newspapers) :
RIO DE JANEIRO: Miscommunication between air traffic controllers was probably to blame for Brazil's deadliest-ever plane crash last week in which 155 people died, the Brazilian daily O Globo reported.

The midair collision of a Boeing 737-800 and a smaller, twin-engine private plane occurred on Friday. Both machines flew into an air traffic control region in the state of Para jointly controlled from two separate towers, O Globo reported on Monday, citing a Brazilian air traffic control official speaking on condition of anonymity.

Controllers in the two towers failed to discuss that the planes were entering the same airspace and instead assigned similar flight altitudes to their respective planes, leading to the collision, O Globo reported."

For further informations please check with O'Globo
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A brief note to "realitycheck"
written by Marcelo, October 08, 2006
A brief note to "realitycheck": not sure if you noticed, but no one in this forum is denying that Brazil has significant social issues. No one is even bringing up this topic, because it is completely irrelevant to the matter being discussed, which is how the media skews the info gathered, in such a way to protect the interests of few ones - as was correctly pointed out, Brazil authorities are just to follow protocols. Please try to stick with the theme, and don't bring up other issues not relevant to this discussion.
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stay cool
written by mat, October 08, 2006
well, just to put things into perspective, the article states that the us pilots are now staying at the copacabana marriot, not in jail.
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written by baba, October 08, 2006
Nobody is standing above the brazilian law just because of being american!!!!!!!!!! They are treated like normal suspects. If they made a mistake they´ll pay for it, if not they will go home without any problems. @realitycheck: i won´t come up with your social problems, it has nothing to do with that article. But your arrogance is really inappropriate. Seems like you have no clue about brazil.

And by the way i don´t think the marriot copacabana is a jail.
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Brasilian Due Process?
written by James, October 08, 2006
My heart goes out to the family and friends of the deceased. My only concern is Brasils skewed Due Process and brand of democracy. What ever happened to Innocent until proven guilty?

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Everyone take a deep breathe
written by gringo dingo, October 08, 2006
I don’t understand why everyone is getting their knickers in a knot. The investigators have already asked for calm, and will not release ANY details of their findings until the conclusion of their work. The pilots are, given what investigators are saying, cooperating fully. Taking the Pilot’s passports is part of Brazilian protocol, although maybe the language used by the Judge in Mato Grosso could have been less reactionary and more procedural.

Whatever you find in the media assailing blame one way or the other comes not from investigators, but from hack news hounds, whether Brazilian or American, and so should hold zero weight in terms of factual analysis. Disregard it.

Yes, Brazil has social and judicial issues, however, given that the eyes of the world - or at least in North American and Brazil - are all over them on this case I would hope they would be dually diligent and objective in their work and assessments to follow. They should be regardless, but this is how the world works.

Prematurely assailing blame based solely on irresponsible journalistic stories, or blind ignorant nationalism is simply foolish and is a slap in the face of the victim’s parents, friends and loved ones who are looking for true answers as to why this horrific and tragic accident took place.
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Owner of Legacy jet, among other things
written by Ford4x4, October 08, 2006
I would like to know why the NY Times journalist has changed his story so many times. Specifically, in the version he initially printed, he indicated that he (and others) were in the cockpick "seconds" before the impact. The second version stated "minutes". Yet another version stated that he was sitting his seat working on the laptop computer. Which is it???

I also have to wonder why the owner of the Legacy jet, Excel Aire, isn't being looked at more closely. I'd like to have made public things such as how many hours their pilots are actually working and whether or not they are operating strictly within FAA guidelines. It bothers me that they saw fit to hire a public relations firm BEFORE they hired a lawyer to assist the pilots.

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So, Brazil isn't perfect?
written by pregador27, October 08, 2006
"realitycheck" seems like an arrogant american. He's the reason we have to go to other countries concerned if people automatically assume we are "ugly americans." Brazil has its problems, but so do we here in the USA.
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written by gringo dingo, October 08, 2006
It is easy to play the Devil's advocate from the comfy confines of you home computer. A similar query can be taken in regards to the procedure of these investigations: why is it that the air traffic controllers are only being FORMALLY interviewed tomorrow, 9 days after the disaster?

There may be rhyme and reason to everything – you and I don’t know - so again, take a deep breathe and wait for the final report. And although I’m sure you WANT to know x, y and z about the accident, it is the families of victims that have the RIGHT to know the truth presented in a conclusive and objective form devoid of rumor and nationalistic chest pounding.

If the pilots are found to have been derelict or negligent in their duties, then let Brazilian jurisprudence take its natural course. Who could argue with that? If the final conclusion of the investigation proves to be a series of errors combined with malfunctioning equipment not connected to any individual or individuals, then we’ll just have to begrudgingly admit and realize that accidents, as horrific and as can be, do happen.

Looking for bogeymen and tin foil hat conspiracies at this stage is a ridiculously futile exercise.
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written by gringo dingo, October 08, 2006
@pregador27

What in realitychecks message would lead you to think he/she was an Ammmerrikan? His/her poor grammar?

I would have called you an "ignorant bigot" if you were any other nationality, however since you referenced yourself as being an Ammeerriiikkan, I think "self-loathing twit" suites you better.

BTW, I’m not defending realitycheck´s out of context rant, just your snap-to-judgment bigotry and irrationality. And before you try and label me an arrogant Ammmerrriiican too, I´m not. Or, at least I’m not Ammmerriican. Arrogant? That is a huge possibility.
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What if..
written by Steve, October 08, 2006
.. Brazilian pilots had been flying a biz-jet over Texas and had a mid-air with a Southwest 737 killing all on board. Do you think they would have been allowed to leave for Rio?
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business as usual
written by copa, October 08, 2006
just pay the bribe and fly home
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written by Gary, October 08, 2006
As a pilot for American Airlines let me assure you, Denis Breslin is an idiot. Is he actually urging, as a union official, that the pilots for American Airlines not fly into Brazil?
That being said, let me help the individual who “after a fruitless online research”, couldn't find articles to back up the comments made Mr. Sharkey and Mr. Breslin,
________________________________________________-
"We know that the transponder was turned off," said Jose Carlos Pereira, the head of Brazil's airports authority, the Estado De Sao Paulo newspaper reported today.
"A pilot only turns it off when he doesn't want to be identified. The Legacy could have turned it off to try some air tricks far from the eyes of the air traffic controllers," Pereira said. "But it also could have been a case of mechanical failure."
Mato Grosso's acting federal police director, Geraldo Pereira, said the Federal Prosecutor's Office had ordered an investigation into "the possible commission of a crime.""We will start investigating if the two pilots caused the accident and if they are considered guilty, they could be charged with involuntary manslaughter," Pereira said.
But Pereira said the Legacy's transponder, which automatically transmits electronic signals that communicate a plane's location, may not have been operating.
"Preliminary investigations indicate that the pilots may have turned off the transponder, that they knew the risks they were running and nevertheless they took certain attitudes that endangered the lives of people," he said.
Judge Tiago Souza Nogueira de Abreu, who ordered the investigation, told the government news service Agencia Brasil that "the hypothesis of a failure by the crew is not discarded."Officials have told local news media that air traffic controllers had ordered the jetliner to maintain an altitude of 37,000 feet while the Legacy was supposed to be at 36,000 feet.
_______________________________________________________
Brazilian officials have been completely irresponsible in their comments to the media. We are to believe that not only did the Americans fly at the wrong altitude; they deliberately turned off their transponder!!! Neither Breslin or Sharkey are official spokesmen for the U.S. government, they are private citizens. Are there any grown ups to conduct the Brazilian investigation into this tragic accident?
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exageration and absurdities from the chairman of the APA
written by Pete, October 08, 2006
Rediculous, here is a situation where clearly precautions have to be taken, and investigations have to be completed, and there are officials and politicians from the U.S. trying to make a diplomatic incidence out of it. I am sure the pilots aren't criminals, but that doesn't mean that are free of guilt. It seem highly possible they may have been negligent and therefore should be held for further investigation. In the U.S. this would be standard practice. I wonder if Denis Breslin is speaking for the U.S airlines that fly in and out of Brazil everyday who would have to replace there pilots with (???). Here is the email I sent to U.S. congressman Peter King (NY) and U.S. congressman Gary Ackerman (NY):

Dear U.S. congressman Peter King , U.S congressman Gary Ackerman,

I have been following the tragedy that has occurred between the GOL Airliner and the Legacy Jet with some interest. I am an American living in Brazil for 4 years. I can tell you that, although there are some distinct cultural differences between brazilians and americans, there are also more likenesses then differences.

In this case, my heart goes out to the families of all those people who died so suddenly, and unnecessarily. My heart also goes out to these unfortunate american pilots who are being held right now while the investigation is ongoing. I think their involvement in this accident is very clear. What exactly was the reason is not.

I can assure that the climate in brazil right now isn't what one could describe as "feverish", but I can assure you that the climate around this case is quite serious and grave. I am sure you can understand the necessity for the brazilian authorities to have a complete investigation before dispensing of the evidence and/or witnesses. In the U.S.A. we have come to expect this of our justice system.

I ask you, politely and with all due respect, to lower your tone of diplomacy and diplomatic incidence, as this is purely a case of accident investigation where to foreigners were involved. It would be absurd to assume that Brazil is mistreating or taking some offensive towards the U.S. or pilots from the U.S. It is wise and prudent to participate in the investigation, as is happening at this moment, and wait for the results of the investigation from the U.S and Brazilian authorities on the ground here in Brazil. I am sure they are capable, and can perform there function much better if there aren't political overtones coming from Washington D.C.. Use your political clout for something better serving the greater good of U.S. citizens, rather than finding conflict where there is none.

Thank you, Pete Wagner


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written by Lucas Silva dos Santos, October 08, 2006
".. Brazilian pilots had been flying a biz-jet over Texas and had a mid-air with a Southwest 737 killing all on board. Do you think they would have been allowed to leave for Rio?"
Great point, Steve. Had that been the case, of course the Brazilian pilots would not be allowed to return to Brazil due to extradition laws, etc. Plus, if the pilots were to return to the US before being found guilty of manslaughter, they would be protected by US laws and redtape which would prevent them from being returned and facing justice in Brazil.

BTW, did anybody notice how these guys are being put up at no personal cost at the JW Marriott hotel in Copacabana? Boo-hoo-hoo. Those poor bastards must be suffering. That is why everybody here in Rio thinks it's such a crock of shit that they want to go home and seem to be completely oblivious to the fact that154 innocent Brazilian citizens had their lives cut short so unfortunately.

Lucas
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written by Gary, October 08, 2006
This article explains why pilots, of all nationalities, are upset with the Brazilian government.
_________________________________________________
Experts Fault Accusations Against Pilots in Brazil
New York Times
Published: October 8, 2006
The Flight Safety Foundation, a nonprofit group in Alexandria, Va., issued an unusual statement this week asking Brazil to continue its “longstanding tradition of thorough aviation accident investigations.”
“We call on the Brazilian government to stay strong in the face of immense public pressure and continue to respect the integrity of the investigation and not rush to judge the various players in this accident,” said William Voss, the foundation’s president and chief executive, who emphasized that the purpose of safety investigations was to find the cause of accidents so that problems could be avoided in the future.
Adriano Alves, the prosecutor investigating the crash, on Monday obtained the permission of a judge to confiscate the American pilots’ passports and said the crew might have turned off the transponder, which broadcasts a plane’s altitude and is also used in a system that warns of impending collisions.
The corporate jet, an Embraer Legacy, was reportedly at 37,000 feet, and safety investigators said it should have been at 36,000.
Planes cruising on long-distance flights often prefer to climb as they burn off fuel so they are always flying at the optimal altitude for their weight to maximize fuel efficiency. It is not yet clear at which altitude the pilots were authorized to fly.
The problem with the accusations, according to John Cox, an aviation safety expert and a former safety official at the Air Line Pilots Association, is that pilots who believe they will face criminal charges may not be forthcoming in investigations.
“If you were the captain of the Legacy, and you had this prosecutor making wild accusations against you, would you talk to anybody?” he said. In the United States, while a criminal investigation may follow a crash, it is generally not at such an early stage of the safety investigation.
In a development on Saturday, ExcelAire Service Inc., the New York-based charter service that owned the Legacy, confirmed that the transponder on the jet was a Honeywell model that the Federal Aviation Administration had ordered recalled in recent months because it tended to stop broadcasting unexpectedly in certain circumstances. It was unclear whether the transponder on the Legacy had been checked yet.
On Friday, lawyers representing the husband of a crash victim asked

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CAUTION - REMAIN CLEAR
written by JD DAVENPORT, October 08, 2006
Why is American Airlines union (APA?) involved in this issue...the pilot no longer works for AA. APA needs to keep its mouth shut.

The two US Pilots made some very, very STUPID mistakes. In order to be safe, all US corporate jets should remain clear of Brazil until the pending investigation is complete.
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Boycott Brazilian Airspace
written by Tim, October 08, 2006
I as a former American Airlines pilot, agree with the union to boycott Brazilian airspace. These pilots did EXACTLY as they were supposed to do under the circumstances. As an expert, I can find absolutely nothing that the Legacy crew did that was incorrect. If the flight crew finds themselves not in communication with air traffic control, the procedure is to STAY at your last altitude and change the transponder code to 7600. Unfortunately, this particular transponder may be rendered inoperative if it is changed inflight, without the crew knowing its status. It isnt even logical that the tiny amount of damage could bring down a 737, I have flown both of these aircraft, and it seems that the Gol crews training must not include unusual attitude recoveries. They overstressed and overreacted to this situation, although Im sure they were good pilots and good people. Last Friday, a similar Gol aircraft went off the end of a runway in Brazil and the US crew was in their hotel rooms, so they cant be blamed for that. It makes me seriously question Gol's 737 training program after I heard that. Nothing excuses air traffic control from communicating properly with the next center controller or the 737. That is what we do in the US ALL THE TIME, so we do not have these unfortunate accidents happening here. It is disgraceful and outrageous that our citizens are being held there when they are totally blameless in this event. Since the Brazilians are unwilling to blame their own ATC for this, it will absolutely happen again, and that is tragic.
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Stupid accidents do happen in the US
written by Visitor, October 08, 2006
On August 27th this year Comair flight 5191 from Lexington to Atlanta the crew took off from the wrong runway , causing the death of 50 people. Somone made a mistake too. So yes! It does happen here too!!!!
If this recent accident in Brazil had happened here instead: brazilians pilots *bumping* into a Southwest 737, as suggested on another post, i can't even imagine what would happen to these pilots. Can you think all sorts of things they would end up being accused of?
But hey! That's the American Society ... filled with hypocrisy and intolerance, inflicting fear wherever they set foot. Imagine if pilots started avoiding American airspace! Is it really safe to fly over America?
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To goog old Tim above
written by jony, October 08, 2006
Dear Tim,
I Just want you to know how glad I am not being in an airplane with you as a captain...boddy!
Your stupidity is absolut and impecably perfect. You just solved the whole accident and reached your own final comclusion right here, right now!!! That is exactly what we all don't want to occur Tim...until all the facts are collected and analysed by the process that you as a pilot should be very very familiarwith.
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Captain
written by Stan, October 08, 2006
Perhaps the US needs to quit buying "jungle-jets" from this 3rd world country.
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written by hmmmmm, October 08, 2006
I wouldn’t be too hard on Tim. He has raised some interesting points, although I do agree we need to see the final results of the investigation before throwing a rope over a branch.

However, I don’t see why he can’t come up with his own scenario, given that prosecutors have done the same in the case without knowing the contents of the black boxes from the Boeing, and without investigators interviewing air traffic controllers. Formal interviews with the ATCs will be done tomorrow. 9 days after the accident!

It seems all right and fine for prosecutors to jump ahead of the line and start throwing around all sorts of accusations before knowing the whole story, why not Tim? By the way, the form in which prosecutors are operating in Brazil, and the mode in which they have been addressing the press smacks of scapegoating.

As well, air travel in the northern region of Brazil is not for the faint of heart. Ricco (RISCO), Total and other ma and pa flight operations go down yearly, although don’t generate as much press given fewer folks are killed, and of course, American are not involved. ATC is notoriously poor, although there have been attempts to remedy that.

Gol has grown and quickly. Maybe too quickly. I’ve had a few white knuckle flights with them, and have often pondered the experience of a crew in such a new fleet. This is not an attempt to victimize the victims, but to thoroughly investigate a horrific crash as this one must keep all options open, for if anything, to prevent future disasters.

I am also curious as to the contents and recordings to be found in those infamous black boxes. I am tickled that a Canadian firm will be pulling the intel from them. Not that the Canadians are better equipped to do so (although, I will admit that I think they probably are), but I think it is important to start to include nonpartisan observers into the investigation. I’ve lived in Brazil for over a decade, and learned the hard way that one of the traits most professionals here lack is competence. That is not a condemnation on the entire nation, but sadly a very large percentage. Any extra eyes involved will provide more partiality in the findings and a more thorough investigation and conclusion.
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written by hmmmmm, October 08, 2006
“.. Brazilian pilots had been flying a biz-jet over Texas and had a mid-air with a Southwest 737 killing all on board. Do you think they would have been allowed to leave for Rio?”

No, but then again Brazil hasn’t had a series of “Ala akbar” wingnuts fly jets into their buildings either. What’s your point? Argumentative fallacies such as this do little in discussions other than to highlight fools and their opinions.