Legacy Pilots Still At Risk Despite Homecoming

Long Island pilots Joseph Lepore and Jan Paladino are finally home, 70 days after the midair between their ExcelAire Legacy and a GOL 737 which crashed killing 154 on board. However,  they still face lengthy lawsuits, the first or which was launched by hearings last week in federal court in Brooklyn which are not expected to come to trial before 2008. Worse is the pending criminal investigation underway in Brazil which could wrap up as early as next month, although the charges could take years to resolve. There is also a civil investigation by the Brazilian government aided by the U.S. National Transportation Safety Board and the Federal Aviation Administration. Although the Brazilian Air Force aviation safety agency issued a preliminary report Nov. 16, a final report could take 10 months. The pilots arrived home on December 9, a day after formal charges were filed by Brazil’s federal police accusing them of flying in a manner that endangered aircraft, which is punishable by 12 years in prison, or four years if the crash was deemed unintentional. The preliminary police reports said the pilots should have noticed that the transponder was not hworking at least 50 minutes before the accident. But the report said they were not the primary culprits and others, presumably controllers, might be charged. The two pilots are awaiting a judge’s decision next month on whether they will be indicted.