Fri, Mar 05, 2004
Pilot Seeks Return Of Plane While He Awaits Trial
The pilot who was forced
to land in Limerick (PA) Jan. 15 after nearly colliding with a
police helicopter wants prosecutors to return his plane while he
awaits trial on charges of risking a catastrophe and reckless
endangerment. John V. Salamone, through his lawyer, filed court
papers Wednesday seeking the return of his Piper Cherokee. "The
district attorney has taken some steps to impound his airplane, and
there's no authority to do that, and he would like to be able to
sell his airplane. He doesn't have any intention of flying it, but
he'd like to be able to sell it," defense lawyer Joseph P. Green
Jr. said. A judge is expected to rule on the matter by March 22
after prosecutors respond to the request.
On Tuesday, District Justice Walter F. Gadzicki Jr. ordered
Salamone, 44, of the 900 block of Temple Road in North Coventry, to
stand trial on charges of risking a catastrophe and reckless
endangerment. Gadzicki dismissed a DUI charge, determining there is
no state law regarding the operation of aircraft while intoxicated.
Green now wants all the charges against Salamone dropped because he
claims prosecutors have no authority to take Salamone to court.
Green has argued that federal law preempts state law in the area of
commercial pilot qualifications. Green believes prosecutors lack
jurisdiction to prosecute Salamone for matters that are solely
within the jurisdiction of the Federal Aviation Administration.
"It's a matter of federal law. Pilots go from state to state, from
jurisdiction to jurisdiction, and they have to know that there is a
single set of rules that they have to follow. That single set of
rules is administered by the FAA," Green said.
The FAA has already suspended and revoked Salamone's commercial
pilot's license, and Salamone has voluntarily surrendered his FAA
medical certificate, Green said. "He's prepared to accept
responsibility for his conduct in light of those rules. But the
district attorney really doesn't have any authority to administer
those rules," Green said. Assistant District Attorney John Gradel
has argued that the commonwealth has jurisdiction to pursue
criminal charges against Salamone. Hodgson gave Green until March
10 to file written arguments on the matter and gave Gradel until
March 17 to respond to the request. The judge will then hold a
hearing on the matter later this month.
Salamone, according to prosecutors, had a blood-alcohol content
of 0.15 percent, nearly twice the current legal 0.08 percent limit
to operate a motor vehicle in Pennsylvania when he was forced to
land his plane at the Pottstown-Limerick Airport Jan. 15. In the
criminal complaint, authorities also said Salamone had traces of
Valium in his bloodstream. Prosecutors said Salamone's plane came
within 900 feet of a commercial airliner packed with passengers
during the flight. Salamone's plane also came within a quarter-mile
of the Limerick nuclear power plant as a Philadelphia police
helicopter gave chase, prosecutors said. Twice the plane came close
to flying into the helicopter over a residential community in the
air space above the Limerick airport, detectives reported.
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