Please Help Pilots Stuck In Brazil

[CAL EWR B737]

Thank You John Prater.

Release #06.063
November 16, 2006

ALPA and IFALPA Call for Immediate Release for Legacy Pilots
WASHINGTON, D.C. --- Both the U.S. pilots union and their international umbrella federation are calling for the release of the two American pilots who are being detained in Brazil pending the investigation of a tragic midair collision there.

The Air Line Pilots Association, Int’l (ALPA), which represents most airline pilots in the U.S., fully supports the following announcement issued today by the International Federation of Air Line Pilots Associations (IFALPA), of which ALPA is a member:

“The International Federation of Air Line Pilots’ Associations (IFALPA) calls on the Brazilian authorities to expedite the conclusion of an independent technical investigation into the circumstances surrounding the tragic mid-air collision between a Gol Airlines B-737 and an Excelair Embraer Legacy business jet, and to release the findings of this investigation in a timely fashion.

“Thus far, only contradictory facts, rumor and unsupported allegations have been forthcoming from Brazilian government officials. To date there has been no indication from the Court, which has retained the passports of the Excelair pilots, that it has made any objective assessment of the circumstances surrounding the event.

“Furthermore, the Federation notes that there are internationally agreed procedures enshrined by treaty that allow countries to pursue appropriate criminal prosecutions against citizens of another state if sufficient evidence can be presented to show that an internationally recognised crime has been committed.

“Therefore, there is no valid reason for the continued detention of the two Excelair pilots. As a result, the Federation demands that the Brazilian authorities immediately return the passports of the Excelair pilots and that these pilots be allowed to return to their homes forthwith.”
​

The action by the Brazilian authorities reflects a disturbing trend in worldwide aviation to impose criminal sanctions on individuals who are involved in aviation accidents. Criminal prosecution is rare in the U.S. It is unfair and unwarranted in all but a very few extremely egregious cases. More importantly, it works against the public interest in preventing future accidents because it inhibits the free flow of information that is crucial to uncovering the causes of accidents and taking corrective measures.

ALPA, founded in 1931, represents 61,000 airline pilots at 40 U.S. carriers. Its website is www.alpa.org. IFALPA, through its member associations, represents more than 100,000 airline pilots in more than 95 countries. Its website is at www.ifalpa.org.

# # #​

CONTACT: Gideon Ewers, IFALPA Media Communications Officer
+44 1932 579041 or e-mail at [email protected]

 

[Tonto]

What about making this a sticky?

 

[CAL EWR B737]

UNACCEPTABLE BRING THESE PILOTS HOME NOW!

TO ALL FORUM MEMBERS:

This really could be any one us stuck down there. I truely feel for these pilots as I almost exclusively fly to Central and South America and I can tell you first hand the air traffic control system is well lets just say leaves a lot to be desired. Please especially those of you that live in New York State please write and call your elected officials.

Fraternally,

Jayson Baron
CAL EWR B737 CA


IslandBrazilian officials: Crash investigation will take 10 more months

BY BILL BLEYER AND MARTIN C. EVANS
Newsday Staff Writers

November 16, 2006, 7:52 PM EST

In their first official statement on a Sept. 29 midair collision that killed 154 people, Brazilian officials issued a preliminary report Thursday that fell short of casting blame and said it will take another 10 months to complete the investigation.

"At this moment, any conclusion will be premature," Col. Rufino Antonio da Silva Ferreira, the Brazilian air force official in charge of the investigation, said at a news conference. He added that it is still not possible to say "that one thing caused the accident."

In the meantime, two Long Island pilots whose executive jet survived the impact remain in Brazil after a judge confiscated their passports to ensure their availability for questioning. This week, their attorneys appealed a federal judge's refusal to return the passports.

Under international air safety agreements, the preliminary investigation report is supposed to contain facts not subject to dispute. "The investigators did not blame anybody today," said a Defense Department spokesman, Maj. Adolfo Aleixo da Silva Jr.

The report says the Legacy jet owned by ExcelAire of Ronkonkoma and flown by Joseph Lepore, 42, of Bay Shore, and Jan Paladino, 34, of Westhampton Beach, did not follow its original flight plan, which was already known.

But the pilots said controllers revised the plans by instructing them to fly at 37,000 feet for the entire route. The flight plan had called for a descent to 36,000 and then an ascent to 38,000 before landing. International flight regulations say controller directives overrule flight plans filed before takeoff.

"The investigators are working to discover if the Legacy was supposed to descend or not," da Silva said.

The pilots' lead attorney, Robert Torricella, said controllers did not instruct the Legacy to change altitude once it reached 37,000 feet.

"Under Brazilian, American and international regulations, the flight plan that governs the conduct of a flight is not the written flight plan, but the flight plan cleared by air traffic control," he said.

The crash of Gol airlines Flight 1907 is Brazil's worst air disaster. Warning systems on both planes failed to alert pilots, Ferreira said.

It has been previously reported the transponder on the Legacy that gives the jet's location was not working before the impact.

Da Silva said the black box shows the pilots did not perform aerobatic maneuvers. That would contradict claims of an attorney for victims. "They were flying straight and level the whole time," he said.

Ferreira said neither crew saw the other plane coming. "No one saw anyone," he said. "No one tried evasive action." He said the left wings of the two aircraft struck each other. Then the Boeing nose-dived.

A pilots' federation called Thursday for the release of Lepore and Paladino. "Thus far, only contradictory facts, rumor and unsupported allegations have been forthcoming from Brazilian government officials," said the International Federation of Air Line Pilots' Associations.

There is a separate criminal investigation under way by the federal police.

This story was supplemented with an Associated Press report.

 

[CRACKHEAD]

Letters

Just faxed some letters off and mailed them off too. God bless those guys. That's not the way I would like to spend my time down in Brazil. Hope they get home soon.

CH

 

[Occam's Razor]

Thank You John Prater.

Did John Prater issue this statement?

If so, in what capacity?

 

[CAL EWR B737]

So what politics are now a part of bringing home these pilots? I don't believe John Prater issued a statement however I believe he forwarded the information to the appropriate current ALPA official.

I am a friend of John and I have worked at the IACP and CAL ALPA with John. I called him and left a message on his cell yesterday while he was supporting the USAIRWAYS pilots by walking the picket line in Phoenix. I am sure he forwarded the information to the appropriate active ALPA elected officials. Please don't turn this into something bad as all I am trying to do is help fellow pilots and union brothers. John Prater has a big heart and I was asked by my friend to help his friend (Joe Lepore), I knew John Prater would come to the assistance of these pilots.

 

[svcta]

The co-pilot, Jan. His last name doen't begin with "D" does it?

 

[CAL EWR B737]

The copilot's name is Jan Paladino.

 

[CAL EWR B737]

I called all the Senators and Congressmen at their office numbers listed at the begining of this thread. It took a few minutes and if eveyone one took the time for a quick call it would certainally bring maximum attention to this situation. If your from New York State please make sure the staffer you speak with has your contact info it does make a difference.

 

[HighSpeedClimb]

Brazil crash report benefits U.S. pilots - lawyer



By Andrei Khalip
RIO DE JANEIRO, Brazil, Nov 17 (Reuters) - Lawyers for two U.S. pilots being investigated over Brazil's worst air disaster demanded on Friday their release from Brazil, saying the crash report showed their jet was flying at the proper altitude.
Police seized the passports of Joe Lepore and Jan Paladino a few days after the Sept. 29 crash of a Boeing passenger jet, which clipped wings in midair with a smaller jet piloted by the Americans for ExcelAire charter service of New York.
All 154 people aboard the Boeing, flown by Brazil's airline Gol (GOL.N: Quote, Profile, Research), died as it plunged into the Amazon forest. The smaller Embraer Legacy jet lost a winglet, but landed safely.

"We are challenging the continued retention of their passports, which is in violation of the law," Theo Dias, a criminal defense counsel for the pilots, told Reuters.
He said Brazilian law did not allow people to be detained in the case of a suspected unintentional crime and forbade unequal treatment of Brazilians and foreigners. The two Americans were the only ones involved in the incident to have their freedom of movement restricted.
The government on Thursday released its first official report on the crash, which did not assign blame for the disaster. It said pilots and air traffic controllers made a flurry of unanswered calls to each other before the crash.
Investigators still need to find out why the dozens of radio calls went unanswered, why neither plane's anti-collision system issued alerts, and why they flew toward each other at 37,000 feet (11,280 metres).
Col. Rufino Antonio da Silva Ferreira, the head of the federal investigation, said the pilots should be freed, although only courts have the authority to let them go.
FALSE ACCUSATIONS' Robert Torricella, another lawyer for the pilots, said he saw the report as giving "positive signs" for the American pilots.
"The report proves what we have been saying all along -- that there has been a number of false accusations about Joe and Jan," he said, referring to previous comments by some officials the Legacy pilots were performing aerial stunts before the crash to test the new plane.
"The report proves that the Legacy was flying at the proper altitude," Torricella said.

He said that according to the report, air traffic control knew the Legacy maintained an altitude of 37,000 feet for at least 10 minutes after it passed the control hub in Brasilia and did not instruct it to change altitude.
The two pilots have been staying in a luxury Rio de Janeiro hotel for more than a month while they await the outcome of the investigation.
"Things are difficult for Joe and Jan right now and they are getting more and more difficult as time passes, both for them and their families. They are separated from their wives. Joe's children have not seen their father in almost two months. This situation is entirely unjust," Torricella said.
Dias said there was no reason for keeping them detained in Brazil as the two "have every intention of cooperating with these investigations because they want to clear their names."
The U.S. Air Line Pilots Association and the International Federation of Air Line Pilots Associations issued a statement urging their release.
© Reuters 2006. All Rights Reserved.