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.
blog pimp ping
I used to have three green lasers. I now have one. We used to point at stars with them and play with them when it was really foggy out. It never even crossed my mind that you could cause problems with airplanes.
This is total BS - this guy should not be found guilty of anything.
We have come down a BAD path with this so called "PATRIOT" act.
So, this fella was just having a good time, and deserves no punishment for his behavior?
He jeopardized the safety of the pilots and passengers. He also engaged in an act that terrorists use to triangulate the distance of a plane in order to shoot it down.
The difference between radical Libertarians and Democrats is that the latter have no principles. The former have STUPID principles.
Don't you know anything, silly? You use it to point at those annoying passenger jets that get in the way.
Seriously, this is bad reporting. Not near enough facts in it to ascertain what the real story is. Is it a case of a schmuck who accidentally waved the laser around, or was he thinking it was cool to flash it at the planes as they flew overhead, and was doing it intentionally? I have to believe that he was doing more that accidental stuff for the feds to stomp on him like this.
Yes, but is punishable with a far less sentence. FAA and Title 18 of the USC have different guidelines and sentencing.
Do I file this lame excuse under "B" for Bravo Sierra, or "U" for Unbelievable Bravo Sierra?
You use a laser to POINT to a star not to look at a star. The laser makes a beam of light that you can follow upward. Better than a flashlight.
Once is hapenstance.
Twice is coincidence.
Threee times is conspiracy.
___V. Lenin
So9
Is it? How do you know? What are all the facts of the case? Can he prove he was with his daughter? A telescope with a laser sight is a pretty serious piece of equipment--does he actually own one? What star was he looking at that he was able to hit the eyes of the pilot of an approaching aircraft? What are the circumstances of the lie the FBI states the suspect told? Why did a Grand Jury indict the suspect?
Since your a n00b, you should know that most people here expect conclusions based on facts from posters.
Agreed, SO9...
My thoughts exactly.
This makes no sense. At night he'd see the planes lights. He'd know it was there. He'd have to deliberately aim at the plane to hit it 3 times.
Plus why lie to Federal investigators about such a simple thing?
He says.
Of course he should be let go, just like when Ahmed and his daughter are out "looking at the stars" some night and accidentally crash an airliner, do you really think that merits punishment? especially under some evil rule like the PATRIOT Act?
And you don't think pointing a laser at a plane is a terrorist act? I guess those guys who flew into the towers were just off course, hmmmm?
I'm just going by the story. It says the laser was used to look at the stars not point at them.
And how do you or I know that he really isn't a loon or a terrorist trying to take down an airliner? That's what investigations are for. Can you not be an American citizen AND a terrorist? Do all terrorists have to be of middle-eastern descent?
Once is an accident, three times? The guy either as intent or is a total moron with possible disastrous consequences. Throw the jerk in jail for awhile and fine the heck out of him.
I would consider putting an airplane in danger of crashing to be terrorism.
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