Prosecutors Say They Drank "Copious Amounts"

It could be one of the most ballyhooed trials in commercial aviation history -- the case of two America West pilots accused of trying to fly drunk almost two years ago.

Since then, Captain Thomas Cloyd and First Officer Christopher Hughes have been free on $100,000 bond each. They're charged in federal court with operating an aircraft while under the influence of alcohol. If convicted, they could both face five years in prison.

As ANN has reported, the two men were passing through airport security in Miami when a TSA worker noticed the strong odor of alcohol. There was an argument when one of the pilots tried to carry a prohibited cup of coffee into the concourse. Later, according to police reports, the two pilots said they'd had "too many pints" of beer at a Miami sports bar during their night of revelry that didn't end until 0330 the morning before the flight. When administered breathalyzer tests, both pilots reportedly showed more than .08 percent blood-alcohol content.

But they say they're not guilty.

Cloyd and Hughes figure it this way: their flight from Miami to Phoenix was halted while the Airbus was being towed from the gate. They never had control of the aircraft. In other words, you can't be convicted of drunk driving if you never put the car in gear.

There is no method of steering, operating or controlling the airplane while the steering system is disconnected,'' attorneys for the pilots said, as quoted by the Associated Press.

But prosecutors are ready for that argument. They contend Cloyd and Hughes had "the capacity to operate the vehicle, regardless of whether or not [they were] operating the vehicle at the time of the alleged offense.'' That's right out of the book.

Jury selection was expected to continue Wednesday.

FMI: www.faa.gov