Posted on 03/24/2005 8:08:38 AM PST by MatrixMetaphore
March 24, 2005 -- A New Jersey man accused of pointing a laser at an airplane, temporarily blinding the pilot and co-pilot, was indicted yesterday under an anti-terror law.
David Banach also was accused of lying to the FBI about the Dec. 29 incident, in which a small passenger jet's windshield and cabin were hit three times by a green laser as the plane readied to land at Teterboro Airport.
The charges in the three-count federal indictment were similar to those filed against Banach in a complaint by the FBI in January. The indictment, handed up by a grand jury in Newark, replaces the FBI complaint.
Banach's lawyer, Gina Mendola-Longarzo, said her client was using the laser to look at stars with his daughter when the plane was hit by the beam.
"I think it's an absolute abuse of prosecutorial discretion to charge my client under the Patriot Act for non-purposeful conduct," Mendola-Longarzo said.
"We take the alleged actions of Mr. Banach very seriously, and we will not condone lying to federal agents," U.S. Attorney Christopher Christie said.
A cluster of reports of lasers striking airplanes received wide attention between Christmas and New Year's Day, and prompted Transportation Secretary Norman Mineta to make changes in how pilots report lasers being beamed at airplanes. He also warned that federal officials will aggressively prosecute those caught shining the bright beams into cockpits.
Banach, 38, of Parsippany, remains free on bond pending arraignment, which has not yet been scheduled, his lawyer said.
He faces up to 20 years in prison and a $250,000 fine on one count of interference with pilots of an aircraft "with reckless disregard for the safety of human life," a provision of the Patriot Act passed following 9/11.
Welcome to FR.
I feel so much safer now.
"We'll only use the PATRIOT Act against terrorists."
I didn't believe it then, and I certainly don't believe it now. This is what happens when you give a government more power.
Owl_Eagle
"We take the alleged actions of Mr. Banach very seriously, and we will not condone lying to federal agents," U.S. Attorney Christopher Christie said."
This is a way to attack the 5th amendment through the back door.
It's very close to making "failure to confess" a crime.
I agree, he should be charged with all those other violations too. I can't believe they're going easy on him!!!
How do you use a laser to look at the stars?
Trying to crash planes is terrorism.
Prosecuting him sounds appropriate to me.
Apparently you don't understand the 5th. It doesn't mean you have the right to lie, it means you have the right to not answer.
http://www.usdoj.gov/usao/nj/publicaffairs/NJ_Press/files/pdffiles/banachcomplaint0104.pdf
Here is the Criminal Complaint
We should also consider "Weirdo Dumbass" charges against anybody who believed that the Patriot Act was only going to be used against terrorists.
Well here is the first example of the prosecution of a citizen under a law created and allegedly reserved for terrorists.
Pure BS.
If he had dropped a 747 into New York City, the same people who think he is being picked on would want to lynch him.
The only reason it didn't happen was his incompetence, and that is a damned poor defense.
SO9
Actualyl, pre-9/11 it was considered a criminal act to interfere with a pilot in any way.
Just FYI.
He wasn't trying to crash a plane. He was using the laser to point at stars. Green lasers are powerful enough to outline constellations. In fact, it's one of the reasons they are produced.
Exactly, you don't. They guy was probably drunk and thought it would be funny to screw up an airplane. Throw the book at him.
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