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American Pilots' Brazilian Ordeal Ends Today. Then Again... PDF Print E-mail
Written by José Wilson Miranda   
Thursday, 07 December 2006

The Brazilian Federal police may continue their hide and seek game until the last minute. Alleging concern for the American pilots security they have announced several different venues and times  for what could become a rowdy international media circus.

According to the announcement made last night, December 7, Joe Lepore and Jan Paladino, the pilots from the Legacy executive jet that collided with a Boeing 737 resulting in the deaths of all 154 aboard, will testify, today, at 8 am, at the São Paulo Federal Police district headquarters.

It is expected that they will be indicted under the Brazilian Penal Code's article 261 charged with exposing to danger Brazil's air traffic security.

Since the collision resulted in the fall of the Boeing authorities are still unsure whether they will accuse them of involuntary manslaughter or the graver crime of culpable homicide.

All indicate that they will be charged with involuntary manslaughter, meaning that the Brazilian authorities believe that they didn't hit the other plane or kill those aboard intentionally.

For whatever they are indicted if convicted they should get at least two years of jail time.

Ramon Almeida da Silva, the federal police chief who in is charge of the criminal inquiry on the Boeing crash, told reporters that he is worried about the security and the physical integrity of Lepore and Paladino.

That would explain why he changed so many times the place where the pilots are supposed to give their testimony. Silva and Rubens José Maleiner, another police chief in the case and both from the state of Mato Grosso, where the Boeing fell down, have been in São Paulo since yesterday.

All this indefiniteness about where to interview the Americans might also have been a result of a strategy conceived by the pilots lawyers. One version circulating in the Brazilian pressrooms yesterday was that they had agreed to bring their two clients as asked by the police as long as the media had no access to them.

On Thursday, the Prosecuting Office asked that the 1st Region's Regional Federal Court temporarily  suspend the order to return the passports to the two pilots. The request was made by prosecutors Adriana Brocks and Elton Ghersel.

They want the court to allow them time in the coming days to decide if they appeal or not the decision to give the passports back to the pilots.

A last-minute about face could still happen today before 6 pm, Brazilian time, the deadline given by the Justice for the passports to be returned. Carlos Olavo, the Regional Federal Court's vice-president, is the judge who will decide to grant or not this injunction. 

The Federal Police made it very clear that they wish to hear the pilots before they return to the United States and that they will not give the documents back before they interview the two of them.

Since October 3, Lepore and Paladino have been in virtual house arrest in a Marriott Hotel at Copacabana beach in Rio. Despite all the fun around they have been locked in their suite for more than two months.

Before they are handed their passports they will have to sign a paper in which they promise to go back to Brazil to take part in a criminal investigation if asked to do so.

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Foolish Brazilian Authorities
written by Ralph M, December 08, 2006

All foreign pilots who come to Brazil to pick up an Embraer aircraft risk this same treatment These guys were assigned to collision FL 370 by Brazilian ATC. The sole cause of the crash. Picky unclear and confusing rules about procedures when communications fail cannot justify the unreasonable treatment Joe Lepore and Jan Paladino are receiving. No civilized country in the world would trump up charges like they are facing to cover the butts of a bunch of Brazilian politicians. Nothing could be flimsier! Absolutely no intent by the pilots! Attempting to make a case on this makes the authorities look like fools!

Why don't they just go ahead and say they want to indict them for being North Americans. That is all they want or have. How could anything be so ridiculous?

Joe and Jan brought Brazil $25,000,000 for that airplane and Brazil still has both! All foreign pilots coming to Brazil to take delivery of planes need to rethink what they may face.

All better go to Canada and get Bombardier planes. The Canadians would treat them well and Canada has an excellent and safe Air Traffic Control System with competent people managing it! Canada would appreciate the business and treat their customers fairly!!

RM
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written by Tim, December 08, 2006
Amen, brutha, hopefully people will stop flying to Brazil and ALL pilots will refuse to enter Brazilian airspace. They have put back aviation investigations one hundred years with this absurdity. Even now, they cannot admit to their pathetic mistakes. Indicting the pilots for involuntary manslaughter, yes, without a shred of proof and even admissions from ATC controllers that hey caused this accident. If the ATC guys were just US citizens, it would make things so much easier for the corrupt federales.
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BINGO!
written by bo, December 08, 2006
If the ATC guys were just US citizens, it would make things so much easier for the corrupt federales.



Hit that one on the head! If the ATC here in brazil were americans, they would be priming the camera's right now to televise live on Globo their executions!
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written by Mad Max, December 08, 2006
Many Brazilians have an inferiority complex. I see now that it is well deserved.
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This isn't right
written by Keith Peshak, December 08, 2006
I am going to take off my 35 year old engineering hat, for this paragraph, and wear only my 26 year old commercial pilot hat. The FDR (Flight Data Recorder) from the Legacy 600 showed unaccelerated flight (no climb, no descent, no turns, no speed change, straight and level). There is no means by which the pilots or the aircraft owner or the aircraft builder could get in there to “fudge” the recorded data. This is evidence. The CVR (Cockpit Voice Recorder) from the Legacy 600 showed that the airplane was put where it was commanded to be. The commands, where the aircraft must be put, come over a two way radio from a person on the ground (why that person is called the “radar controller”). The pilots are nothing more than systems monitors, under (and that term is) “positive control”. There is no means by which the pilots or the aircraft owner or the aircraft builder could get in there to “fudge” the recorded data. This is evidence. The systems that the pilots of the Legacy 600 monitor placed the airplane in the exact center of the “airway” (a tube in the sky into which all airplanes are concentrated). So too with the 737-800. The pilots of both airplanes did a perfect job. The evidence of that is that they struck eachother. If you criminalize perfectly correct behavior, actions to perfection in compliance with government orders that came from the ground, then you are, in fact, a corrupt society.

I will now put my engineering hat back on over my commercial pilot hat. Me too, been there, nearly got killed, many times under positive control IMC (In Meteorological Conditions) in America (it’s the same here, you aint special). Gathered an international group of people and companies, and solved the problem, all the way through to the stuff needed; then we made it really inexpensive so that just anyone can afford it. http://www.collisionavoidance.org

This midair was a systems failure, in addition to a people failure, and certainly not one or two people. It starts with an FAA TSO error up here (you people have to stop listening to the FAA, we have dumb people up here), but it also required the errors of multiple people down there (and none of that came from the Legacy 600 pilots).
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written by guest, December 08, 2006
And the reason the pilots did not see the approaching aircraft? Has the FDR and the CVR data and for the Legacy been released in its entirety?
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Pilots Charged
written by Stephen, December 08, 2006
SAO PAULO, Brazil (AP) -- Brazilian federal police on Friday charged two New York pilots involved in a collision that killed 154 people with exposing an aircraft to danger.

The charges could carry a penalty of 12 years in prison.

Joseph Lepore, 42, of Bay Shore, and Jan Paladino, 34, Westhampton Beach, were questioned by police for six hours and then were allowed to pick up their passports and leave the country, but they are required to return for their trial.

The two pilots told police they would reply in court, and did not speak to media after questioning.

Police had seized their passports after the September 29 crash to prevent them from leaving the country, and they had been staying in a hotel on Rio's Copacabana Beach. But a Brazilian court released their passports this week, saying there were no legal grounds for restricting their movements.

Lepore and Paladino were piloting a Brazilian-made Legacy executive jet when it collided with a Gol Airlines Boeing 737-800 heading south over the Amazon jungle. All 154 people aboard the Gol flight were killed, while the Legacy landed safely with all seven people aboard unharmed.

The Legacy, owned by ExcelAire of Ronkonkoma, New York, was heading northwest on its maiden voyage from the southern city of Sao Jose dos Campos to the United States when the accident occurred at an altitude of 37,000 feet, usually reserved for flights headed in the opposite direction.

Transcripts suggest the Legacy had been authorized by the tower in Sao Jose dos Campos to fly at 37,000 feet to Manaus, although that contradicted the plane's original flight plan.

Warning systems failed on both planes before they collided, an air force investigator said last month.

Air traffic controllers believed the Legacy was flying at 36,000 feet at the time it collided with Gol Flight 1907, Brig. Gen. Luiz Carlos da Silva Bueno recently told a Senate committee.

But "at departure, air traffic control cleared the Legacy to Manaus at 37,000 feet," ExcelAire lawyer Robert Torricella said at the time. "Absent a contrary clearance by air traffic control, the Legacy was required to remain at that altitude."

The lawyer for the pilots, former Justice Minister Jose Carlos Dias, said the pilots picked up their passports and were taken to Guarulhos airport for a charter flight to the United States.

Dias called the police decision "biased" and "discriminatory," and said police were simply "looking for someone to blame for the crime." He added that if the factors leading to the fatal collision were considered unintentional, the maximum penalty would fall to four years in prison.

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Why Not Seen Approaching?
written by Ralph M, December 08, 2006
And the reason the pilots of the Gol 737 did not see the Legacy were? Two way street, guest! A thousand feet above and below are youra! Pilots concentrate on their instrument panel in IFR flight. Scanning outside is only casual for the thousands of pilots who are in the air around the world right now! Head on approach is faster than a speeding bullet. They watch the navigation charts which are a clutter with fixes and frequencies continually set and reset to locate position. Also, not being able to contact center and calling and calling, checking radio frequency settings to verify those settings are correct when there is no answer.

No, it is not a joy ride up front! No Piper Cub! Then when someone complicates things by aiming a 737 right down your nose when there should not be one. Get real!
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written by Rick, December 08, 2006
Wonder if they had to convert to Islam before they got their passports back.....
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What If They Both Were Brazilian
written by Ralph M, December 08, 2006
This might be much different if both planes were Brazilian! Likely swept under the rug. Maybe not even announced! RM
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Why they didn't see each other
written by anonymous, December 08, 2006
I don't know the relative approach angles of both planes, but assuming it was head-on, they were probably closing at something like 900 kts, or over 1600 kph for non-pilots. Having been up close and personal with a 727 that passed a 1000 ft. below me on a clear day, I can tell you that it can be very difficult to spot another fast moving plane. That's why there are things like radar, controllers and TCAS.
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Dont worry....dont worry !
written by ch.c., December 08, 2006
Now just wait....next week !

It will be messy and hot in Brazil.....finally !
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RE: Why they didn't see each other
written by me, December 09, 2006
Maybe the GOL pilots were taking nap with the autopilot on. This wouldn't be the first time.
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written by guest, December 09, 2006
Simmer down Ralph. I posed a question and you went off like a firecracker. Attention to detail helps. I didn't ask why the Legacy pilots didn't see the 737, I asked why the pilots didn't see the approaching aircraft. Glad to see you are no longer driving planes and are now driving trains. Probably a better situation for you. Anyhow, you are off my screen.
Thanks for the comment anonymous. I was looking for opinions, intelligent ones. In my fly days, long before Ralph was even crying for breast milk, we were taught, regardless of equipment, to keep our eyes wide open. Was the midair a head on situation? I hadn't heard that. Is that a fact or are people making assumptions to make a point?
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To All My American Friends:
written by Costinha, December 09, 2006
KISS MY (.....o.....)!
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written by Rick, December 09, 2006
Hard to see how it could have been other than head-on. I have been on the ground when an F14 went over, supersonic. Broke the windows in the shack. You see him as a dot and then immediately he´s in front of you. It messes with your whole pilot´s concept of time and space. Double the speed of each jet and you´ve got supersonic speed. See and avoid in that context would take constant, nervous vigilance.
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written by realgivp, December 13, 2006
Sorry but professional pilots are taught to be vigilant even under IFR. “Stuff” happens all the time and you fight to prevent complacency. ESPECIALLY if you are flying in unfamiliar territory or a different country that you have never been in. Complacency at any time is something to avoid. Flying along F D and H where you have never been before is not being professional no matter what anyone on this board says.

Will be really interesting to see the full transcripts when they come out and which of Joe Sharkey’s many changing accounts is true. Also how many other of the Legacy passengers were up front and contributing to the over hour long delay before the Legacy crew realized that they had not been talking to ATC.

Error chains are not the fault of just one thing…..ATC, lack of communication, faulty equipment or faulty understanding of either language. There are few people here looking for the whole answer, but many seeking to put forth their “pet peeve
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Crash
written by Steve, December 20, 2006
Immediately after the crash, there were a lot of news reports and statements by Brazilian government reps pointing fingers at the American pilots. Recently, there have been a series of media reports about the number of close calls, caused by air traffic controller errors, between plans that have occurred. The Brazilian government has not kept the air traffic control system (run by the military) up to date. Their priorities are elsewhere.
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