Attorney Has Appeal Ready, Should Judge Disagree With Plan

Two American pilots involved in a mid-air collision over Brazil in September 2006 that claimed the lives of 154 people will testify in the case in response to a subpoena issued by a Brazilian judge, but will do so from US soil.

"They are innocent of any crime, but are completely willing and eager to tell their story," said Joel R. Weiss, the pilots' American attorney. "We are going to tell our story according to international treaty."

Pilots Joseph Lepore and Jan Paladino were indicted in June along with four air traffic controllers on manslaughter-related charges, as ANN reported. A conviction could mean up to three years on prison.

Lepore and Paladino stand accused of turning off the transponder on the Embraer Legacy 600 executive jet they were delivering to the US. They were struck by a Gol airlines-operated Boeing 737 at 37,000 feet. The Embraer landed safely having suffered a small amount of tail damage, but the 737 went down killing all 154 people on board.

The pilots deny turning off their transponder. They contend they were flying where instructed by controllers. Both were detained in Brazil for more than two months following the accident before being allowed to return to the US.

"We were compliant with all regulations," Paladino said. "We were doing exactly what we were supposed to be doing, and we just experienced, automatically, just a jolt out of nowhere."

The two claim they never saw the 737 and didn't learn of the collision until hours after they safely landed the damaged Embraer. The bizjet lost a winglet and suffered damage to its tail.

Weiss declined to say if that detainment had anything to do with his clients' refusal to return to the country, according to the Associated Press. The pilots' defense attorney in Brazil, Theo Dias, will inform the court of their decision to testify from the US.

Weiss cites the Mutual Legal Assistance Treaty in their decision. They will be able to be interviewed by Brazilian authorities here or via video conference, offer depositions or communicate by other electronic means.

Should the Brazilian judge not accept this decision, Weiss is ready with to appeal.

FMI: www.brasilemb.org