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.
Surely this schmuck can be charged with something else?
You know, reckless endangerment, contributory negligence...something other than the Patriot Act. Yes?
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.Yeah the patriot act will only be used against terrorist to keep americans safer.Like how they prosucuted paypal.com for allowing net gambling payments and how they charged that new york gangbanger under the patriot act and nowthis guy. and this is under republicans just wait until the dims win the white house you havent even begun to see abuse of power yet.This is all just a warm up
Not true. The PATRIOT Act has been used against many people not considered "terrorists" - from breaking up a prostitution ring to people involved in child porn. Such info is easily available on the USDOJ website.
And the Act itself clearly spells out that many of the provisions (if not most) are for criminal laws as well as terrorism.
Should I be laughing with you or at you?
You can keep your mouth shut, refuse to speak, remain silent.
Lying is not part of the privilege.
Yes. I've found several other charges under Title 18 of the USC, and FAA regulations, for which he could be charged. This is an overreach.
If there was intent. It's not certain there was.
Owl_Eagle
If you have enough particulates in air to make the beam visible over long distance, then there wouldn't be many stars one could see through such an air. Only the brightest ones would get through, and these are pointable without any laser.
Yes, he lied. Yes, what he did was stupid. I think he should be punished as well. But don't you think the PA is an overkill?
Blog pimp bump!! :^D
And what does it say about perjury, obstruction of justice, and three counts of that same act?
No. He endangered the lives of the pilots, tied up federal resources that could have been investigating more serious terrorist offenses, and lied to Federal authorities. But, then, I've actually read the Patriot Act for myself, instead of relying on misinformed sensationalist propaganda to form my opinions.
Those have a max sentence of 5 years. Charge him with that too.
So in his state, he can get 5 years for lying. 5 for obstruction, and 5 for each count of interferring with a pilot?
Then the federal aspect of it.
Sounds to me like the guy got off easy from a plea-bargain.
Actually, if I remember correctly, it's 5 total for his statements to the FBI. Interferring with the operation of a plane was a hefty fine.
I wouldn't in this case, because intent matters and there's no evidence he was trying to make the plane crash. Consider two drivers who hit pedestrians with their cars; the first was distracted and not paying attention to the road, while the second deliberately ran the guy down. We rightfully punish the second driver more severely.
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