Co-pilot testifies in 2006 plane collision

The Long Island co-pilot of a corporate jet that collided with a commercial airliner over the Amazon jungle in 2006 testified yesterday in a criminal trial in Brazil that he and his colleague followed the directions of air traffic controllers and that there were no signs of electronic equipment malfunction before the accident.

Using a video-conferencing system to testify from the federal courthouse in Central Islip, Jan Paladino, 38, of Westhampton Beach, answered questions from Brazilian federal Judge Murilo Mendes and prosecutors in Brasilia, where the criminal trial against Paladino and Joseph Lepore, 46, of Bay Shore, and two Brazilian Air Force controllers is taking place. Lepore is scheduled to testify today.

Lepore and Paladino were transporting a new Brazilian-built Embraer Legacy 600 purchased by ExcelAire of Ronkonkoma to Long Island on Sept. 29, 2006, when the aircraft collided with a Gol Boeing 737. Although the two pilots safely landed their damaged plane, all 154 people aboard the Boeing died when it crashed into the jungle. The pilots face two charges of unintentionally endangering an aircraft, which is similar to involuntary manslaughter.

Questioned by the judge about how much he knew about the plane and Brazilian airspace before he took off, Paladino testified he had flown similar models and he and Lepore had arrived four or five days before their departure and studied the navigation software, routes and the country’s aviation regulations.

Paladino said that before departure, the pilots were instructed by a controller to fly at 37,000 feet all the way to their first destination Manaus in the Amazon basin. When asked by the judge why they did not follow the flight plan, which called for two changes in altitude before arrival in Manaus, Paladino said, "as a pilot, I rely on air traffic control." He said it is common for controllers to assign altitudes that differ from the flight plan.

Asked by the judge why he did not question the altitude after leaving Brasilia, where 37,000 feet is usually used for traffic going in the other direction, Paladino said "air traffic control has a clearer picture of the airspace."

While it was later determined that the jet’s transponder, which gives its location to controllers, and its collision avoidance system were not operating properly before the collision, Paladino said they had not been turned off accidentally. He added that he checked the instrument panel "every few seconds routinely" and there was "no visual sign" that any of the electronics were malfunctioning.