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Old 11-20-2006, 04:22 AM
  #51  
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From todays AvWeb.com Newsletter:

Accident "Criminalization" Prompts Action
Some high-profile organizations have issued statements condemning the so-called “criminalization” of aircraft accidents and are calling on the world’s aviation authorities to pull the focus of accident investigations back to cause rather than blame. The protracted confinement and threat of criminal charges against two American pilots over the collision between their Legacy 600 business jet and a Gol Airlines Boeing 737 (the 737 crashed, killing all 154 aboard) in Brazil has prompted the International Federation of Air Line Pilots' Associations and a multinational group of aviation industry organizations from the U.S. and Europe to call on governments to leave criminal proceedings out of accident investigations unless there is evidence of “extremely egregious” behavior (like flying drunk or sabotage). They agree that the threat of prosecution stifles the free flow of information that not only helps establish cause, but also could help prevent future accidents. The international group, represented by the Flight Safety Foundation, British Royal Aeronautical Society, the French Acadamie Nationale de l’Air et de l’Espace and the Civil Air Navigation Services Organization (CANSO), which represents 40 aviation services providers including the FAA’s Air Traffic Organization, listed nine cases where airline executives, pilots, mechanics and other workers involved in air crashes are facing hard time in prison if convicted of the charges against them. The group says “the paramount consideration in an accident investigation should be to determine the probable cause of and contributing factors in an accident.” The pilots’ group says Brazilian authorities should release all the information they have on the Legacy/Gol accident and, in the meantime, the Legacy pilots should be allowed to return to the U.S.


Lawyer Urges Release Of Pilots
The lawyer for American pilots Joe Lepore and Jan Paladino says a preliminary report into the collision of their Embraer Legacy business jet and a GOL Boeing 737 fails to establish a cause for the accident and it could be 10 months or more before one is established. In news release, Robert Torricella also noted the report clearly shows the pilots held their assigned altitude and did not perform the “stunts” that some Brazilian officials alleged occurred before the collision, which caused the 737 to crash, killing all 154 on board. Torricella also notes that Brazilian Air Force Col. Rufino Antonio Da Silva Ferreira noted that flight plans are not necessarily the final word on determining an aircraft’s flight profile, but he stopped short of explaining that air traffic control guidance supersedes them. The Legacy was assigned 37,000 feet by ATC even though its northwesterly track should have put it at 36,000 feet, which was what the crew had flight planned. It’s still not clear why they were assigned the unusual altitude. Regardless of why all that happened, Torricella said keeping the pilots in a Rio de Janeiro hotel room for almost a year while the investigators sort those and other questions out is not fair. "Joe and Jan have done everything asked of them and each gave three lengthy statements within roughly the first 72 hours after the accident. They have since been held in Brazil for almost seven weeks without just cause. Enough is enough. It is time that they be permitted to return home to their families," Torricella said. The preliminary report also reveals that there were dozens of unanswered radio calls between controllers and the Legacy leading up to the accident but doesn’t offer any explanation for them. It also doesn’t answer why collision avoidance gear on both airplanes apparently failed to alert their respective crews of the pending collision, according to Reuters.
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Old 11-20-2006, 04:44 AM
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MikeB525, I don't know if Brazil and Mexico are the same ******hole, cause Mexico is much more closer to you than to me. I know nothing about Mexican governor, but I think Mexico is more like your country, it's a natural tendence, what is closer is more like.

Comportments like yours, saying dirty and dumb words to try resolve something, or suggesting to boicotting Brazilian products, this is not a comportment of a first-world person, but yes of a fourth or fifth-world one, and this demonstrate you show a great lack of intelligence. Perhaps because of this proximity...

The right way to do is what cub pilot, FlyerJosh and others here are doing, posting valid arguments, I agree with all their arguments.

But to be sincere, US senators and US governor can do NOTHING, they just can wait by the Brazilian military decision. Neither brazilian governor can do something, Military in Brazil has a very strong power, and their decisions cannot be easier disobeyed, neither by the president.

I advise all you to write letters to Brazilian midia, mainly to Globo TV (a real power in Brazil), Jornal O Globo, Jornal do Brasil, Folha de São Paulo, etc, and explain your protests to them. New York Times has an office in Rio, in Ipanema beach, they can give some help to you.

Last edited by Robert_2006; 11-20-2006 at 04:56 AM.
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Old 11-20-2006, 06:47 AM
  #53  
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Originally Posted by Robert_2006 View Post
Comportments like yours, saying dirty and dumb words to try resolve something, or suggesting to boicotting Brazilian products, this is not a comportment of a first-world person, but yes of a fourth or fifth-world one, and this demonstrate you show a great lack of intelligence. Perhaps because of this proximity...
The people of a third world or fourth world country would not boycott products, they would more than likely be taking hostages, and using them as a way of freeing the pilots. People of a first or second world country would use the boycott as a means of protesting the actions of the government.

But to be sincere, US senators and US governor can do NOTHING, they just can wait by the Brazilian military decision. Neither brazilian governor can do something, Military in Brazil has a very strong power, and their decisions cannot be easier disobeyed, neither by the president.
This is where I think you are wrong, US Senators and Congressmen, and other US Representatives CAN DO something about this. They can pass laws to stop trade between the two nations, stop forgien aid, and the like. This would put pressure on Brazil to release the two pilots.
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Old 11-20-2006, 07:01 AM
  #54  
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A stoppage of flying to brazil by US pilots would make a strong statement. If no US airlines could fly there because flight crews refused trips/sick called would have a dramatic impact on the brazilian economy- more so there than it would here in the US. I don't think that we've quite reached that stage, but it would certainly be nice to see a bit more political (and financial) pressure be brought down on Brazil to conduct a fair and impartial investigation, as well as release these two pilots until proper cause for detention is found (which I highly doubt would happen in an impartial investigation).
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Old 11-20-2006, 07:22 AM
  #55  
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Originally Posted by FlyerJosh View Post
A stoppage of flying to brazil by US pilots would make a strong statement. If no US airlines could fly there because flight crews refused trips/sick called would have a dramatic impact on the brazilian economy- more so there than it would here in the US.
A better reason to stop flying there is due to the obvious shortcomings, probable confusion and altitude assignments for wrong-way on airways by their incompetent ATC system. If the ATC system in Brazil is so poor that it assigns the same altitude to two aircraft flying in opposite directions, there is a SERIOUS safety hazard when flying in Brazilian airspace.

That would be a good reason to ban all US air carriers from flying there until the ATC system is fixed; and also until pilots who merely followed ATC instructions were released until the investigation into an unfortunate accident were released.
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Old 11-20-2006, 08:20 AM
  #56  
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Contacted APA reps. Good guys in NY, but they are being told by APA National to "remain calm, all is well, there is behind the scenes diplomacy at work."

I urged my reps not to buy this, as, if there was EFFECTIVE behind-the-scenes diplomacy, the judge would not have ruled as he did yesterday to hold these men indefinitely. And...these current national leaders love to hide behind supposed "quiet"--read, unaccountable, unveriable--actions "behind the scenes." A lot of time on the golf course and in secret meetings...they recently held a big bash using membership dues money at the Gaylord Texan Resort, the most expensive, gaudy resort in the southwest...apparently celebrating our recent paycuts...

If I haven't made it clear...the present APA national leadership is absolutely worthless as pilot advocates...so, do not think that there is anything going on on the American side of the fence. Joe Sharkey's criticism of the APA in his article below is well-justified. Unless someone makes some noise, these guys are going to rot in Brazil...and you can expect that procedure to become the "standard" for any pilot anywhere who is accused of doing anything wrong. This sets us up as pawns for spats between governments...etc. Very bad precedent...but, the unions are apparently satisfied to sit quietly and let it happen...at least, Ralph Hunter and his boys at APA are.

We do have another group of true pilot advocates, the Pilots Defending the Profession. I will see if they are interested in launching a letter-writing campaign, at least.

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Old 11-20-2006, 08:24 AM
  #57  
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In addition to sending/calling your reps in congress, I encourage each of you to either write a letter to the editor of one of the major papers (USAToday/WSJ/NYT/Wash. Post/etc), or send an email to one of the major news network talking heads (Sean Hannity, Rush Limbaugh, Lou Dobbs, etc). The more publicity we can get regarding this ordeal, the better off these two will be.

Brazil is still looking for scape goats. Let's make sure that it isn't two innocent US pilots that were just following an ATC clearance and have been 100% cooperative thus far. Especially when numerous Brazilian controllers refuse to make themselves available for statements and formal interviews with the investigators.
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Old 11-21-2006, 02:09 AM
  #58  
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Default Article by Joe Sharkey

Stuck in a Bureaucratic Jungle after Landing a Crippled Jet
By JOE SHARKEY
Published: November 21, 2006
FIFTY-THREE days.
That’s how long two American pilots, Joe Lepore and Jan Paladino, have been detained in Brazil after a horrendous midair collision 37,000 feet over the Amazon on Sept. 29 that sent 154 people on a civilian airliner to their deaths. The two American pilots and five passengers, including me, were on a Legacy 600 private jet that collided with the bigger Gol Airlines 737. Inexplicably, we walked away unhurt after an emergency landing at a jungle air base.
Mr. Lepore, 42, and Mr. Paladino, 34, are holed up in a hotel in Rio de Janeiro, where they are essentially confined to their rooms to avoid the public because the reaction to the accident has had a strong element of anti-Americanism. They work for ExcelAire Service, a Ronkonkoma, N.Y., air charter company that had just taken delivery of the $25 million jet from the Brazilian aircraft manufacturer Embraer. It was being flown home to New York when the collision occurred. No charges have been filed against the pilots, nor has any evidence of culpability been produced. Yet on Friday, a Brazilian judge denied the pilots’ latest request to have their passports returned and said they must remain in Brazil till the government’s secret investigation concludes, which Brazilian authorities say could take at least 10 more months. Last Thursday, the Brazilian Air Force, responsible for both operating the country’s air traffic control system and investigating aviation accidents, released a preliminary report saying it was “premature” to assign blame. The report confirmed that the Legacy was cleared by air traffic control to fly at 37,000 feet, despite a written flight plan that assigned it to a different altitude near the impact point. Air traffic control instructions always take precedence over a written flight plan. After the crash, Brazilian Air Force officials and other authorities made assertions that the American pilots were doing illegal aerial stunt maneuvers to show off the new plane when the collision occurred. I have no idea where they got that idea, but the charges got an awful lot of mileage in the Brazilian and world news media. I have consistently testified and otherwise stated and written that the Legacy was flying steadily, in an entirely normal manner, when the impact occurred. There is no mention of the aerial stunt maneuvers in the preliminary report. Officials from the International Civil Aviation Organization, based in Canada, and the National Transportation Safety Board in the United States conducted independent investigations. Their focus has been on whether the crash was mainly caused by a series of human and technological failures in Brazil’s air traffic control system. The Legacy, cockpit tapes show, made 19 unsuccessful attempts to reach air traffic control before the collision. And as numerous international pilots have told me, there are radio and radar gaps and dead zones, especially over the Amazon. Furthermore (and this is a fact that was omitted from the Air Force’s preliminary report), the Gol 737’s flight plan called for it to be at 41,000 feet at the point where the two planes collided. But air traffic control instructed the 737 to fly at 37,000 feet. After the crash, there was turmoil in Brazilian air traffic control. Controllers, protesting what they called unsafe working conditions, staged a work slowdown that caused major delays. Ten controllers at centers in Brasília and Manaus at the time of impact initially refused to testify before the Air Force, citing psychological trauma. They began testifying yesterday. The full truth will eventually come out, but outside investigators are questioning whether the Brazilians are dragging their feet to avoid assigning blame to their air traffic control system. Investigators from the United States and Canada are not allowed to publish findings before the Brazilian investigation concludes. But the aviation industry has begun to speak out. The International Federation of Air Line Pilots’ Associations issued a statement last week saying, “Only contradictory facts, rumor and unsupported allegations have been forthcoming from Brazilian government officials.” There is “no valid reason for the continued detention” of the pilots, it said. Robert Torricella, a lawyer for ExcelAire, agreed. “Enough is enough,” he said. Robert Mark, a former airline and corporate pilot and air traffic controller who heads an aviation consulting company called CommAvia, said he was worried about the precedent being set in world aviation. “The Brazilians just grabbed these guys from another country and are keeping them in detention without probable cause,” Mr. Mark said. “Why aren’t more people expressing concern about the effects this could have, in that some other countries start grabbing people for whatever real or imagined reason?”
E-mail: [email protected]
Note the fact: the Gol 737's flight plan specified FL410 as an assigned altitude at the point off collision. This flies in the face of the Brazilian ATC's defense of their actions concerning the Legacy jet. I reiterate: this is the "Grand Canyon crash" wakeup call for Brazil to modernize their ATC. At the same time, Brazil should look at their accident investigation process.

The power of the pen is mightier than the power of the sword. Joe Sharkey's articles can mobilize public opinion. Hopefully there are journalist in Brazil who will wage this same battle in their press
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Old 11-21-2006, 07:01 AM
  #59  
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Originally Posted by jetblaster View Post
Contacted APA reps.

If I haven't made it clear...the present APA national leadership is absolutely worthless as pilot advocates...so, do not think that there is anything going on on the American side of the fence. Joe Sharkey's criticism of the APA in his article below is well-justified. Unless someone makes some noise, these guys are going to rot in Brazil.
Blaster---I feel your pain, but can I counter-point this? Why would APA jump into this? Neither of these pilots are active AA pilots represented by APA, so why would they take action (even if one of the pilots is furloughed AA/APA)?

A better tact to take with APA would be to warn them this could happen to an AA 767/777 crew if they had an incident/accident in Brazil. They could be unlawfully detained as well, and that would be just as bad as these two unfortunate souls. Make that argument, and maybe your NYC/MIA reps will listen. Those are the crews that fly to Brazil regularly, right?

And, just heard from a very good source that the Legacy attempted to contact ATC 19 times before the collision. They were unable to contact Brazilian controllers, and were not able to change altitude. Second, Brazilian ATC lost contact with the Legacy jet twice in the 26 minutes prior to the crash, apparently due to a primary radar failure and a possible problem with the Legacy's transponder. The title of this news excerpt was : "Brazil Crash: National ATC at fault?"

The facts will be determined, and these pilots will be exonerated.
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Old 11-21-2006, 08:47 AM
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APA needs to get into this EXACTLY because of the reasons you stated. They represent Flag Carrier pilots who fly for the world's largest airline--they ought to be ALL OVER this because this can and will--if it is allowed to stand--happen to AA pilots. We absolutely need to react with forceful objection when a country tries to end-run ICAO, as we otherwise can be simple pawns in any political tit-for-tat...we are very convenient targets.

This is the point some of us have been making to the APA leadership and it seems the NY reps have finally gotten them to at least make another statement. Hopefully the ball will continue to roll from here. Kudos to Captain Sam Mayer and FO Phil Plummer, NY APA.

Finally, APA represents furloughed pilots in many ways and is lending assistance to Jan's family through Flight Assist as desired. There is still some at least thought of loyalty to furloughees in some quarters...and besides, APA can use its stature to help these pilots and it is in the best-interest of AA pilots to get involved in this travesty.

(Joe Sharkey has the details of the 19 unanswered calls in his latest article.)

Jetblaster

FOR IMMEDIATE RELEASE
CONTACT:
Captain Denis Breslin (APA)
817-302-2350/619-980-8941
Gregg Overman (APA)
817-302-2250/817-312-3901

ALLIED PILOTS ASSOCIATION CALLS ON BRAZIL TO RELEASE PILOTS DETAINED AFTER GOL AIRLINES FLIGHT 1907 ACCIDENT

‘Accident investigation should not be a criminal proceeding’

Fort Worth, Texas (Nov. 21, 2006)—The Allied Pilots Association (APA), collective bargaining agent for the 13,000 pilots of American Airlines (NYSE: AMR), has issued a statement calling for the release of the two pilots of an ExcelAire Embraer Legacy 600 that was involved in an apparent mid-air collision with a Gol Airlines Boeing 737 on Sept. 29 over Brazil. The two pilots, who are U.S. citizens, were required by Brazilian authorities to surrender their passports and have been detained since the accident.

APA previously issued a statement on Oct. 11 emphasizing the importance of a “full, fair and timely investigation” into the cause of the accident. The Gol Airlines Boeing 737 went down with the loss of all 154 aboard, while the damaged ExcelAire jet landed safely at a remote military airfield.

“The Allied Pilots Association reiterates its call for a full, fair and timely accident investigation and respectfully requests that the Brazilian government permit Captain Joseph Lepore and First Officer Jan Paladino to return to the United States . We further call upon Brazilian authorities to conduct this accident investigation according to widely accepted International Civil Aviation Organization (ICAO) Annex 13 guidelines, rather than as a criminal proceeding. It has long been understood that criminalizing the accident investigation process has a serious chilling effect on its effectiveness, since parties to an accident are likely to be less forthcoming with potentially vital information.

“APA is also asking the U.S. government to express to Brazilian authorities the need to permit the two pilots to return to their homes, as well as the importance of conducting the accident investigation in accordance with ICAO Annex 13.

“In closing, we will continue to keep everyone affected by this tragic accident in our thoughts and prayers.”

That is the full text of the pilot union’s statement.

Founded in 1963, APA is headquartered in Fort Worth , Texas . There are currently 2,852 American Airlines pilots on furlough. The furloughs began shortly after the Sept. 11, 2001 attacks. Also, several hundred American Airlines pilots are on full-time military leave of absence serving in the armed forces. The union’s Web site address is www.alliedpilots.org. American Airlines is the nation’s largest passenger carrier.
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