break
Dec 5

A federal court in Brazil ordered that the passports of the two American pilots be returned to them in 72 hours. The pilots, Joe Lepore, 42 and Jan Paladino, 43, both of Long Island, are expected home on Saturday.

The three-member court ruled unanimously in Brasilia that the passports be released. The investigations into the Sept. 29 mid-air collision that killed 154 continue, though now with a very sharp focus on air-traffic control human errors and systemic failures. The pilots must return to Brazil if ordered for further quesioning or judicial proceedings, the court said.

The American pilots have been held in Brazil for 67 days, without being charged and without any evidence of charges. They are at the JW Marriott hotel in Rio de Janeiro, largely confined to their suite.

So it looks like this ordeal is finally being resolved. More tomorrow, of course. But let’s end this with a perfectly Brazilian comment following the main news story on the English-language Brazzil.com.

(As has been reported here numerous times, Brazilian air traffic controllers, upset at the possibility of being blamed for the crash and at what they call unsafe working conditions, began a work-to-rule protest in October that has caused chronic delays and flight cancellations at airports throughout the country.)

A reader who uses the name GRingo says at the end of the story on Brazzil.com tonight about the pilots’ imminent release:

“I think it’s good news that the pilots will finally be allowed to leave. However, finding a flight out may prove difficult given that airports are now closing! SP, BH and Brasilia. It´s going to get uglier before it gets any better. My money is on a full blown ATC meltdown before the year´s end. And Pires is still grumbling away that there are no problems. Me poupem!”

Wonderful Waldir Pires, come on out here and take a bow.

Dec 4

No, not THAT fix! Surely you don’t expect the harrumphing third-world martinets marching around in Brazil to actually FIX their broken air-traffic control system! Don’t be silly! This would require the uncomfortable prospect of the Brazilian authorities actually accepting responsibility, not to mention the perhaps equally unsettling prospect of spending money that could more tidily fit in other pockets.

No, I mean the fix that I suspected was in starting shortly after those of us who survived in the Legacy 600 business jet made an emergency landing at a jungle air base on Sept. 29, after the mid-air collision with a 737, in which all 154 people on the 737 died.

Now that the pesky facts have accumulated and it’s clear this crash was caused by a series of air-traffic control mistakes of catastrophic proportions, the Federal Police in Amazonian Wonderland appear to be considering laying primary blame on … yes, you guessed it: the American pilots — even though they were flying at 37,000 feet under air-traffic control instructions, which by all international aviation protocols take precedence over a previously filed flight plan. Why am I flashing on “The Treasure of Sierra Madre” and imagining a bandito spitting out: “We don’t need no protocols! I don’t have to show you any stinkin’ protocols!”

[LATER NOTE: DO please keep in mind, as someone who knows Brazil well just warned me after I first posted this about an hour ago, that the following may be excessively alarmist, and that Brazilian media are very easily manipuilated. (Surprise!) So the following Folha account -- conspicuously lacking in definitive sourcing for what purports to be a news story -- might well reflect some wily massaging by lawyers for the air traffic controllers who have been spinning like a top trying to deflect blame from their anguished, grieving boys and girls.]

The following is being reported today in Folha de S. Paulo, Brazil’s largest newspaper. The slightly wobbly translation is via Brazzil.com. The rude annotations, marked MY NOTE, are by me:

Folha de São Paulo – December 4th
LEONARDO SOUZA

Headline: Federal police must blame pilots, radars and controllers

Sub headline: Inquiry must conclude that a sum of factors caused the collision between Gol Boeing and Legacy

According to the police, flight plan should have been followed and Legacy wrong altitude realized by the operators; “blind area” would be other cause.

The Federal Police inquiry about the collision between Gol plane and the little jet, on September 29, lead to blame several involved in the accident, including flight controllers and Legacy crew, besides stressing the existing failures in the Aeronautics radar systems.

The marshal responsible for the case, Renato Sayão, considers that there was not a simply failure neither a unique guilty, but a series of “causal vectors” that led to the collision between both planes. [MY NOTE: To those of us on the up side of the rabbit hole, "causal vectors" translates as something like the the military term "cluster-f---."]

The Legacy pilots should have followed the flight plan or insisted in contacting the control center of Brasília, when overflying the city, to change altitude.

After leaving São José dos Campos, Legacy followed at 37 thousand feet until colliding with Boeing in Mato Grosso, disrespecting the flight plan that foresaw a descent at 36 thousand feet after Brasília and ascent to 38 thousand feet little before the collision. The jet pilots allege that they received authorization to fly at 37 thousand until Manaus. [MY NOTE: This is more than a case of the pilots "alleging" something. It's clearly on the record that the controller in Sao Jose told them to maintain 37,000 feet all the way to Manaus, and that controllers in Brasila failed to contradict that order despite repeated attempts by the Legacy pilots to get confirmation. Back to Folha:]

According to depositions seized by the Federal Police, one of the flight controllers did not realize that the system automatically corrected automatically the virtual flight plan of Legacy when it passed by Brasília, showing foreseen altitudes and not the real.

The Legacy transponder, a tragic coincidence, was inoperative at that moment and the data about its altitude was taken from the system. [MY NOTE: Notice the passive voice here: "the data ... was taken from the system." A more honest read would be: "The inexperienced flight controller monitoring the Legacy, without the required supervision, was misreading the data from a monitor that shows only the flight plan, and totally overlooked the reality monitor, which showed the Legacy at 37,000 for at least seven minutes before the computer system went, as is its wont, heywire. Folha again:]

One of the controllers that was on duty in Brasília on the day of the accident, affirmed that he did not request Legacy to change its altitude because he thought the little jet was at 36 thousand feet, as foreseen in the flight plan, and “because there was not other traffic [plane] in the proximities”. Gol Boeing, however, flew in opposite direction. [MY NOTE: Oh, that would then mean that there was, in fact, "other traffic in the proximities." And I would define "proximities" as a course that caused the two planes to achieve the ultimate "proximity:" a mid-air collision. But back to Folha's account:]

A third factor is that the Aeronautics radars system present failures in the region between Mato Grosso and Manaus, where there are “blind areas.”

In short, according to the Federal Police, the accident would not have occurred if:

1 – Legacy crew had respected the flight plan or insisted in contacting Brasília’s Center;
2 – The flight controllers had detected that Legacy flew at a different altitude than the foreseen in the flight plan. Thus, without even managing to get in touch with the little jet, could have warned Gol Boeing so that it could have diverted of the route;
3 – If there were not “blind areas” between radars, the flight controllers could have detected that the little jet was not flying at the foreseen altitude.

[MY NOTE: Yes, the Keystone Kops appear to be arguing, air traffic control screwed up royally, and yes, there are indeedy "blind areas." [For nearly two months, the Brazilian authorities have been squealing that even to suggest the existence of a radar blind zone was to insult the honor of Brazil. But lookit who gets the number-one position in the blame list, at least as Folha has been told:]

The pilots, Joe Lepore and Jan Paladino, who have now been held hostage in Brazil for 66 days.

.

Dec 4

From O Globo:

“The investigations of the Federal Police point to a series of failures and omissions of the flight controllers [in] Brasilia and Sao Jose dos Campos which, if corrected in time, could have avoided the collision between the Legacy jet and the Gol 737-800.”

Here is my summary of what is now being openly conceded in Brazil:

The most serious failure by air traffic control was not noticing that the Legacy passed through the Brasilia sector at 37,000 feet, though this was clearly visible on a monitor that steadily showed the Legacy’s actual altitude for at least seven minutes before the private jet disappeared into a well-known blind zone on what would be a direct collision course with the 737.

Though it accurately gave the Legacy’s altitude for at least seven minutes, that monitor, a component of Brazil’s outdated and unreliable air-traffic system, later began wildly oscillating and gave the altitude as being anywhere from 33,000 feet to 37,500 feet. Air controllers say the monitors often oscillate and provide unreliable readings. Thus, they put more trust in separate screens that give an aircraft’s altitude according to its pre-filed flight plan that can be, and in the case of the Legacy was, overridden by instructions from air traffic control.

The radar screen oscillations, I now assume, account for the asinine charges repeatedly made by Defense Minister Wonderful Waldir Pires and others that the Legacy was engaged in “stunt maneuvers” at the time of impact. No, you nitwits, your radars and computers in that area DON’T WORK and everyone in the system has known this for years! Why not fix them so nobody else gets killed in another horrible plane crash? Oh, I forgot, that would require accepting responsibility.

A second monitor, this one operated by software programmed only to reflect a filed flight plan (which in the Legacy’s case had already been overruled by air traffic control at its departure point), faithfully but incorrectly presented the Legacy’s altitude as 36,000 feet.

The military controller assigned to both the Legacy and the 737 had one year’s experience and wasn’t being supervised, as is required. His supervisor was filling in elsewhere. Meanwhile, air traffic control in both Brasilia and Manaus had lost track of the 737 with 154 aboard bound southeast from Manaus when it, too, entered the vast blind zone over the Amazon. (This would be the well-known blind zone that Wonderful Waldir and other authorities insisted does not exist).

As the Legacy approached the edge of the blind zone, bound northwest at 37,000 feet, the controllers knew its transponder wasn’t working. Unable to reach the Legacy because of notoriously faulty air-traffic control communications in the area, they nevertheless made no effort to reach the 737 by radio and change its course and/or altitude.

In the U.S. military and elsewhere, there is a precise term for this sort of serial breakdown and lack of control: “Cluster f—.”

The American pilots, Joe Lepore and Jan Paladino, remain detained in Brazil without charges or evidence of charges. It is now Day 66.

Dec 3

The weekly Brazilian magazine Epoca has a long interview with two air traffic controlers, both of whom requested anonymity, who were in the Brasila air traffic control center when the Legacy 600 business jet being monitored there collided with a Gol Airlines 737 over the Amazon Sept. 29. Several other Brazilian publications and the Globo television network also talked to controllers, all of whom told the same story: Brazil’s notoriously faulty air traffic control system, with dead zones and chronic communications problems, caused this disaster.

(Some publications in Brazil were thick with condemnations of me starting two months ago when I began quoting international pilots who said that Brazilian air space, especially over the Amazon, is notoriously risky to navigate because of bad communications with air traffic control, noise and idle Portuguese chatter on radios, and blind radar spots.)

Epoca says the controllers “talk about failures in the equipment that, according to them, would have been decisive in the largest disaster of Brazilian aviation history.”

The magazine quotes “Controller B,” who was on duty when the Brasilia center lost track of the 737 bound southeast from Manaus at 37,000 feet in “the blind zone,” while simultaneously believing an incorrect monitor reading that showed the Legacy bound northwest to Manaus at 36,000 feet — 1,000 feet below its actual altitude (the altitutude it had been instructed by air traffic control to fly at from departure to destination).

Only after the damaged Legacy made an emergency landing at a jungle air base 30 minutes after the accident, reporting it had collided with something unknown, did the controllers put 2 and 2 together.

“One of the controllers in the Rio de Janeiro region started to cry [on the radio],” Controller B said. “Then the whole center [in Brasilia] was crying. A psychologist should have arrived by then, but nobody showed.”

Controller A said, “There were people crying and asking to leave.”

{MY NOTE: I would tell poor, grief-stricken Controllers A and B: Actually, you should have continued doing your jobs, with an airliner down and 154 dead in the jungle, rather than wailing in tears and waiting for a psychologist to comfort you.

{Furthermore, I would tell the whole bunch, Controllers A through Z: You and your anguished colleagues damn well should have stood up TWO MONTHS AGO and told the truth — back when the cover-up and the scapegoating of the American pilots began. What’s more, the lot of you, and especially your sad-sack superiors, up to and including Wonderful Waldir Pires, the Defense Minister, ought to have already done the minimum that decency demands and issued an apology to the families of the dead. But, oh, I forgot. That would require accepting responsibility.}

But I digress. Let’s hear more via Epoca from Controller A, who was actually monitoring both flights at his station: “The Legacy flight was normal. We only thought about an accident … when Legacy landed in Serra do Cachimbo [site of the Cachimbo Air Base] and got in contact saying that it made an emergency landing because it hit something. .. Do you know why we did not do anything [earlier, just before and after the Gol disappeared]? Because we visualized Legacy at 360 [36,000 feet] and not at 370.”

The transponder on the Legacy, he said, was evidently not working at the time. [A transponder helps air traffic control identify a plane, but a transponder failure in and of itself would not cause air traffic control to put two planes on a mid-air collision course. It would only help ensure the inevitable once air traffic control had made enough fatal mistakes on the ground.]

Controller B said the Brasilia center tried unsuccessfully to contact the Legacy to warn it that its transponder wasn’t working “because the aircraft was [about] to enter an area that the radar did not cover.”

Controller B continued. “I even remember that one of the controllers asked, ‘What is the Legacy level?’ And another said, ’360.’”

You might remember that Wonderful Waldir and his cronies have thundered over and over that there are no “blind spots” in Brazil’s magnificent air control system. What an insult to the honor of modern, progressive Brazil, to speak of these “blind spots!” The Air Force, indeed, said it flew an airplane all around the area of the mid-air collision between Brasilia and Manaus and found no “blind spots,” a commander bellowed.

Both controllers interviewed by Epoca begged to disagree (as have many of their colleagues and every airline pilot I have spoken to about flying over the Amazon). And both said the Brasila center lost radio contact as the Legacy passed through its sector in what would turn out to be a collision course with the 737.

Said Controller B, “On that day, the [radio] frequency of that area [the impact point] was without transmission and without reception.” Controller B continued that under normal circumstances, “Communication is not clear. This is very dangerous.”

In fact, the same day as the crash, added Controller A, two commercial TAM Airlines flights in the sector reported problems communicating with the air traffic control center. After finally getting through, “the first thing they said: ‘Brasila, I tried for a half hour to talk to you on all frequencies and did not get in contact.’”

Such transmissions are routinely recoded, Controller A said, adding: “But nobody is going to release this information. They can even have erased it.”

Said Controller B: “The blind zone exists. It is a very large area, greater than several states [of Brazil]. … It is a big rectangle in the middle of the country.”

This, he said, is a situation air traffic controllers face: “[He] who sees does not control and [he] who controls does not see.”

Brasil, by the way, is about the size of the continental U.S.

Incidentally, in the translations I’ve seen, Brazilian journalists focus on the emotional aspect of the air controllers’ story (“We were stricken!”) and don’t ask the tough questions, including, why did you remain silent all this time and, Brasila had initial radio contact with the Legacy when it entered its sector at 37,000 feet under orders from San Jose, its departing sector, with orders to maintain 370 all the way to Manaus. Knowing that its equipment was not trustworthy, why didn’t Brasilia routinely verify the altitude with the Legacy pilots before it sent them into the blind zone?

Meanwhile, the newspaper O Globo and its television network partner reported that an unnamed controller from the Brasilia center (there is no way to tell if it might be one of the two controllers quoted in Epoca) said that Brazil’s air traffic system remains manifestly unsafe. “The bomb is on again,” he said. “It is going to explode. It already happened and it is going to happen again.”

So there are in fact blind zones? “The area is blind, deaf and dumb,” the controller said.

That controller, too, seems to be peering at the looking glass there in the Amazonian wonderland and seeing nothing more than his own aggrieved reflection. “I don’t want anyone to go through this experience,” he said, presumably referring not to the experience of dying in a horrible crash, or even the experience of being held hostage and falsely accused, but rather the experience of being an air traffic controller in the system that actually caused the crash.

Asked how he’s been doing, the controller replies, “Very bad. I only think about what hurts me. … It’s just this injustice in life. You ask yourself why it was me who was chosen to be there at that moment; why it wasn’t someone else? … The emotional side is injured.”

Perhaps the emotional side would feel better if it had not abetted the coverup for so long. Excuse me while I call Amnesty International to report the injustices suffered by this man wailing in the control center and waiting for psychological comfort while 154 others lay dead in the jungle.

Meanwhile, the coverup continues in Brazil, with air traffic controllers who ARE willing to speak having to do so like members of the witness protection program in the old mob days in the U.S.

The authorities scramble to cover their butts. The air traffic controllers continue work-to-rule protests to underscore both their concerns about unsafe working conditions and their fears that blame will be directed to them, and not to the broken system they try against the odds to keep working.

The two pilots, both from Long Island, remain under virtual house-arrest in a hotel in Rio. The U.S. State Department, as noted in yesterday’s post, doesn’t seem remotely interested in raising any commotion about the case.

And Joe Lepore, 42, and Jan Paladino, 34, have now been held hostage in Brazil for 65 days.

Dec 2

I’m frequently asked, where is the U.S. State Department on the matter of two American pilots held hostage to political and other interests in Brazil, detained without charges or evidence of charges since the Sept. 29 mid-air collision that killed 154 over the Amazon?

Transcript from yesterday’s State Department press briefing, deputy flack Tom Casey presiding:

QUESTION: Do you have any update for us on the condition of these U.S. pilots that are in Brazil that were part of that crash a couple of months ago? Any update on their condition and what the U.S. might be doing to expedite their release or assist them in any way?

MR. CASEY: Well, I don’t think that there is a lot new that I have to offer you on this. This is the case of several U.S. pilots that are not charged with anything and not under arrest but have been asked to remain in Brazil while Brazilian aviation officials look at the circumstances surrounding the collision of a couple of aircraft. We have continued to be in touch through our consular officers with the individuals themselves and with their family members. We’re certainly in regular contact with the Brazilian Government about that case. We do want to see them conclude the investigation in a way that certainly respects their normal legal and regulatory procedures. But in terms of movement on that, I’d have to refer you to the Brazilian authorities.

QUESTION: Do you have information about the U.S. attempts to get them sent over to the United States?

MR. CASEY: Well, again, this is something that’s proceeding in accordance with Brazilian laws and practices and our main message to the Brazilian Government is we want to make sure that they are treated in accordance with the laws and the standards that Brazil has.

QUESTION: And just one final follow-up? Do you feel that they are being treated within their norms of international and Brazilian law at this point?
MR. CASEY: My understanding at this is point is that this investigation and the activities surrounding it are proceeding as we would expect them to, but again I don’t have any real specifics to offer you. You really have to talk to the Brazilians about the details of that investigation.
QUESTION: Thanks.

MY NOTE: WHEREUPON the State Department Press Corps (35 years in the business and I still can’t believe anyone can utter the term “Press Corps” without a belly-laugh, but trust me, they do) obediently swallowed the baloney and turned the page in its collective steno pad and continued faithfully transcribing other things it was told on other matters.

Can you speculate about what the State Department is afraid of here, with its disinclination to rile the unstable authorities in Brazil? I can! Just a guess, but can you say “Chavez?” Yes, I mean the wily Hugo Chavez, strongman of Venezuela, mentee of Fidel Castro, and anti-American propagandist par excellence.

While Brazil nominally remains one of the United States’ good friends in Latin America, Brazil’s politically agile president, Luiz Inacio Lula da Silva, knows he can also play patty-cake with his new best friend, Chavez. And the State Department wants to stay in the game, lest we lose influence in still another crime-ridden Latin American country where nimble politicians with anti-American agendas are skillfully consolidating power with the support of the huge and growing ranks of the desperately poor. (But Lucky Lula — so far publicly silent in the matter of the pilots and the obvious problems with Brazil’s air traffic control — should take note of one thing about his new friend. As a younger military officer, Chavez actually had the character to stand up and take personal responsibility for a botched coup in 1992.)

FROM ALJAZEERA.NET:

Brazil President Praises Chavez — Nov. 14:

The Brazilian president Luiz Inacio Lula da Silva has visited his Venezuelan counterpart to inaugurate a new bridge over the River Orinoco that will link the two countries. … Da Silva said: “I come to Venezuela today more convinced than when I came a few years ago that it was worth building an alliance between Brazil and Venezuela. And you, Chavez, have shown that economic growth can be partnered with social justice.”

(end of story)

MY NOTE: Uh, oh. Here comes the paranoia/weird irony part:

Venezuela has huge resources of oil and a very popular, engaging, American-hating leader. Brazil has … well, besides our two pilots, it USED to have a nuclear program, long since officially suspended. You’ll recall the obscure Cachimbo Air Base where the Legacy 600 made its emergency landing in the Amazon on Sept. 29? And also recall that the Brazilians — who were ruled by a military dictatorship from 1964-1985 — were once preparing to test small nuclear weapons underground? The Brazilian government admitted this in 1990, three years after Brazilian scientists had claimed they had succeeded in enriching uranium. In 1990, Brazilian authorities held a public ceremony to symbolically close the underground shaft that had been dug for nuclear testing deep in the jungle. The location (Cue “Twilight Zone” music, please): Cachimbo Air Base.

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