Originally Posted by
symbian simian
We will never know all that happened on that overnight but in the suit the captain stated a few things that stand out. These are things he did not dispute:
She was in his hotel room.
He missed a call from crew scheduling on his cell phone (as opposed to his phone wasn’t on).
He answered a phone call from CS about their cut off time and got the time mixed up.
The fact the Copilot doesn’t work for Alaska anymore and the allegations of a second alcohol related incident certainly don’t put her in a positive light.
Still, why did they get a two calls during their rest about alcohol usage? You have to wonder who saw what for that to happen. Also the captain’s claim his cellphone was still on the wrong time zone after he missed a call is not very believable, the first thing every phone does when it reconnects is update to the local time.
As far as consent, the way the law works: if you are too drunk to positively give consent, and you end up having sex, you are getting raped, regardless of what sex you are. So, yes, if both of you are too drunk to make a decision and end up in bed together, the first person to cry wolf afterwards has a legal case.
Again, I don’t know what happened, and I am definitely not sure if he should have been fired (especially after she left under “circumstances”), but he isn’t telling the whole story either.
Feel free to correct me if I have any of the facts wrong, I don’t have a personal attachment to the case.
Actually, there are phones which don't reliably update the time when moved to a different time zone. I have owned such phones. Sometimes you can force them to by turning them on and off again, other times it seems that you have to de-select automatic time updating and change to the new time zone manually. This absolutely is plausible, having lived it myself. Additionally, Engelin's lawsuit includes a fair amount of supporting evidence for this. As far as the calls, according to his lawsuit, an FA saw him in the hallway, having left the lounge with a glass of red wine and a glass of white wine, and thought he sounded drunk and called it in. The AS Duty Officer called him on his cell phone, which call he missed, then called his room.
Here's a link to the complaint filed by Engelien It fills in some blanks.
As far as the consent/non-consent stuff, yeah that's all true, as far as it goes, but really what evidence does anyone have that there was sex? The best Pina could come up with was "I know he raped me because I found my panties zipped inside my purse" Even if we assume that here panties were in her purse, the conclusion that it meant he raped her is a non-sequitur of monumental proportions.