Judge Refuses to Return Passports to U.S. Pilots Involved in Brazil's Worst Air Disaster

A federal judge on Monday denied a request to return the passports of two U.S. pilots involved in Brazil's deadliest air disaster.

Joseph Lepore, 42, and Jan Paladino, 34, both of New York, were flying the Embraer Legacy jet that collided with Gol Airlines flight 1907 on Sept. 29. Gol's Boeing 737 crashed into Brazil's dense jungle, killing all 154 on board, while the Legacy landed safely with all seven people aboard unharmed.

The Legacy, owned by ExcelAire Service Inc. of Ronkonkoma, New York, was on its inaugural flight.

Authorities seized the pilots' passports shortly after the accident to prevent them from leaving the country. They have been staying in a hotel in Rio de Janeiro's Copacabana beach.

Prosecutors said Lepore and Paladino could be charged with involuntary manslaughter if they are found responsible for the crash. The pilots have denied any wrongdoing.

On Monday, federal judge Charles Renaud Frazao de Moraes denied a request from one of the pilot's Brazilian attorneys, Theo Dias, to return the passports, saying they will be retained until an investigation into the crash is completed, the government news service Agencia Brasil reported.

"The decision is wrong," Dias said in an e-mail sent to the media. "Of all those involved in the accident they are the only ones being denied the right to come and go."

Robert Torricella, a Miami-based aviation attorney representing ExcelAire said in a statement that, "While we respect the court and its decision, we obviously disagree with the ruling, and we intend to pursue additional legal avenues to obtain the release to which we believe we are entitled."

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