N.J. man indicted in laser beam case (faces 20 years in prison)

Bakersfield Californian ^ | 3/23/05 | Jeffrey Gold -AP

[NormsRevenge]

NEWARK, N.J. (AP) - A man accused of pointing a green laser beam at a small passenger jet, temporarily blinding the pilot and co-pilot, was indicted Wednesday under the federal anti-terror Patriot Act.

David W. Banach, who claimed he was looking at stars with his daughter, also was accused of lying to the FBI about the Dec. 29 incident in which the jet's windshield and cabin were hit three times with a beam as the plane approached Teterboro Airport.

The charges in the federal indictment were similar to those filed against Banach in an FBI complaint in January; the indictment replaces the complaint.

Attorney Gina Mendola-Longarzo said Banach was using the laser for stargazing 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," she said.

U.S. Attorney Christopher J. Christie said in a statement officials took the actions "very seriously, and we will not condone lying to federal agents."

Banach, 38, faces up to 20 years in prison if convicted of interference with pilots of an aircraft "with reckless disregard for the safety of human life," a provision of the USA Patriot Act passed following the Sept. 11 terrorist attacks.

He also was charged with two counts of making false statements to law officers, each of which carries up to five years.

[NormsRevenge]

AP Photo/MIKE DERER

David Banach of Parsippany, N.J., leaves federal court in Newark, N.J., Jan. 4, 2005. Banach who is accused of pointing a laser at an airplane, temporarily blinding the pilot and co-pilot, was indicted Wednesday, March 23, 2005, under an anti-terror law. 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.

[AlbertWang]

Assuming for one minute that he wasn't pointing the laser at planes intentionally, he should be publicly flogged for being a dumb a$$.

[NormsRevenge]

Attorney Gina Mendola-Longarzo said Banach was using the laser for stargazing 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," she said.

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And if the plane had lost control and crashed and killed all on the plane and more on the plane, would you still use the "non=purposeful" conduct defense?

I smell an 'ACLU' supporter/dupe.

[ClintonBeGone]

Where do these people get these items? Are they high-tech or simply the laser pointers you find in classrooms or lectures?

[NormsRevenge]

oopps killed all on the plane and more on the plane ground

[NormsRevenge]

I ain't saying where ya get 'em, for fear of needing to have to fly someday... and knowing how dumb the majority of this country's populace has become lately. :)

[Alberta's Child]

I knew this guy when I was a teenager (I'm almost positive it's him!), and I can assure you that he's no "ACLU dupe" by any stretch. If anything, he'd probably make most folks here on FreeRepublic seem like Communists.

Dumb @ss -- yes. But a "terrorist?" -- absolutely not.

[Atlas Sneezed]

They are toys.

[Atlas Sneezed]

And if the plane had lost control and crashed and killed all on the plane and more on the plane, would you still use the "non=purposeful" conduct defense?

---

But pigs can't fly, and shining toy lights on planes has never made on crash.

[Fenris6]

Can someone please tell me the difference between "green laser pointers" and the red one's we commonly use at work?

Are they different? Is there a legitmate reason to use a green one?

[NormsRevenge]

I was referring to his lawyer, not him. :-)

stargazing (real stars) is a very wholesome form of family entertainment. I give him credit for that, too bad he may pay thru the nose for the laser effect tho.

[Blue Screen of Death]

And if the plane had lost control and crashed and killed all on the plane and more on the plane, would you still use the "non=purposeful" conduct defense?

He could be tried under any one of many existing laws, not the Patriot Act. This is what many feared when the Patriot Act was put in place.

Just imagine the uses Hillary could find for the Patriot Act if she ever becomes President. Do not grant to the Federal government any powers today that you do not want Hillary to have tomorrow.

[muawiyah]

Which means that the FBI can't tell the difference between toys and real weapons.

I'd always suspected that.

This is kind of in the same category as the argument that teachers can't tell the difference between dope and prescription medicines ~ which NO ONE BELIEVES. Teachers definitely know what dope is.

This story suggests the FBI division in charge of disgruntled white male terrorists is so hungry to find one, a fellow waving around a laser pointer will do!

[theDentist]

Ooooo, the hard-timers are going to love this guy.

[Doctor Raoul]

If this is the case I'm thinking of, the moron also lased the police helo sent to look for possible places that a laser have have been used against that bizjet.

Dumb, real dumb.

[NormsRevenge]

I hear ya.

side note --

Did ya catch the CSPAN panel and the Patriot Act discussion?

Bob Barr, Grover Norquist, Laura Murphy (ACLU) and many more were all over the Patriot Act.

[Fast1]

There is a lot of laser equipment around do a search on E Bay.

[NormsRevenge]

laser pointers

from yahoo search

[ClintonBeGone]

There is a lot of laser equipment around do a search on E Bay.

I just find it amazing that you can 'blind' a pilot with a tiny little laser from so far away. It can't be any worse than flying into Las Vegas at night.

[rdcorso]

He's definitely an idiot especially for trying to make his young daughter take the fall for him.I don't really think they will get a conviction on the charge dealing with distracting the pilots but he might go down for lying to the FBI.He can only blame himself for putting the government in a tough situation where they have to make an example out of him in order to persuade others not to do something so dangerous and stupid.