MAN CHARGED UNDER PATRIOT ACT FOR LASER

by Kaspel, Tuesday, January 04, 2005, 23:10

NEWARK, N.J. - Federal authorities Tuesday used the Patriot Act to charge a man with pointing a laser beam at an airplane overhead and temporarily blinding the pilot and co-pilot.

The FBI (news - web sites) acknowledged the incident had no connection to terrorism but called David Banach's actions "foolhardy and negligent."

Banach, 38, of Parsippany admitted to federal agents that he pointed the light beam at a jet and a helicopter over his home near Teterboro Airport last week, authorities said. Initially, he claimed his daughter aimed the device at the helicopter, they said.

He is the first person arrested after a recent rash of reports around the nation of laser beams hitting airplanes.

Banach was charged only in connection with the jet. He was accused of interfering with the operator of a mass transportation vehicle and making false statements to the FBI, and was released on $100,000 bail. He could get up to 25 years in prison and fines of up to $500,000.

Banach's lawyer, Gina Mendola-Longarzo, said her client was simply using the hand-held device to look at stars with his daughter on the family's deck. She said Banach bought the device on the Internet for $100 for his job testing fiber-optic cable.

"He wasn't trying to harm any person, any aircraft or anything like that," she said.