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CNN Live Today

Flying High?

Aired August 06, 2003 - 11:08   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DARYN KAGAN, CNN ANCHOR: Prosecutors say they will appeal an order to drop charges against two pilots accused of operating an airplane while intoxicated. A federal judge says the state cannot prosecute the two fired America West pilots because the case falls under federal, not state law. Christopher Hughes and Thomas Cloyd were arrested last July as they prepared to take off on a flight from Miami to Phoenix. State officials say that Cloyd had a blood alcohol level of 0.091, and Hughes had a 0.84. That's higher than allowed under state law, but it's not enough to violate federal standards.
Jeffrey Freeman is the attorney for one of the pilots, Christopher Hughes. Let's go ahead and bring him in. He is joining us from Our Miami bureau to discuss the judge's ruling.

Thanks for being with us.

JEFFREY FREEMAN, PILOT'S ATTORNEY: Good morning. Thank you for having me.

KAGAN: Sounds to me like your client may get off on a technicality.

FREEMAN: Well, it's important to remember that technicality in this case is an important foundation provision of the United States constitution. And the idea here is that the state should not act where it does not have authority to act. This is something purely within the federal domain.

KAGAN: And the state says it will appeal that decision.

FREEMAN: We have not received anything from the state yet, so...

KAGAN: So when you get that, you will perhaps have comment on that. But just to let people understand here the different standards, your client did have a blood alcohol level that would have exceeded Florida state law, but the judge saying, well, Florida does not have jurisdiction here. Under the federal law, it would have to be 1.0, is that correct? And your client, while clearly intoxicated, did not fall under that.

FREEMAN: The federal standard is 0.10 for presumption. The Florida rule is .08 for a first-day violation in the motor vehicle statutes. The federal law deals specifically with commercial air pilots working in interstate commerce.

KAGAN: And while it's not a legal standard, clearly it's having implications to your client. The FAA standard is .04. Your client clearly in violation of that standard.

FREEMAN: Allegedly the breathalyzer results was above the .04 limit that the FAA sets for its administrative action dealing with flight certificates.

KAGAN: And in fact, the FAA has yanked your client's pilot license.

FREEMAN: That's correct. They permanently revoked the pilots license and medical license.

KAGAN: So while they may not be going to jail this is not over for them. They are still are consequences of their behavior.

FREEMAN: Well, right, absolutely. They have been fired by their employer and they have permanently lost their flight certificate and medical certificate.

KAGAN: So America West says get lost. The FAA says you shouldn't be flying a plane. Certainly your client, while he might be getting off on a legal technicality or whatever you want to call it, he certainly can not be proud of what he did.

FREEMAN: I can't comment on my client's opinion of anything at this point.

Really, the point is that the technicality is a constitutional issue.

KAGAN: Where does your client go from here. He can't fly a plane for a living. He's got to do something.

FREEMAN: I'm not really sure at this point.

KAGAN: You don't know.

OK, well, Jeffrey Freeman, attorney for Christopher Hughes, thank you for coming on and explaining how the legal system works and where your client is today. Appreciate your time.

Thank you.

FREEMAN: Thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com







Aired August 6, 2003 - 11:08   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Prosecutors say they will appeal an order to drop charges against two pilots accused of operating an airplane while intoxicated. A federal judge says the state cannot prosecute the two fired America West pilots because the case falls under federal, not state law. Christopher Hughes and Thomas Cloyd were arrested last July as they prepared to take off on a flight from Miami to Phoenix. State officials say that Cloyd had a blood alcohol level of 0.091, and Hughes had a 0.84. That's higher than allowed under state law, but it's not enough to violate federal standards.
Jeffrey Freeman is the attorney for one of the pilots, Christopher Hughes. Let's go ahead and bring him in. He is joining us from Our Miami bureau to discuss the judge's ruling.

Thanks for being with us.

JEFFREY FREEMAN, PILOT'S ATTORNEY: Good morning. Thank you for having me.

KAGAN: Sounds to me like your client may get off on a technicality.

FREEMAN: Well, it's important to remember that technicality in this case is an important foundation provision of the United States constitution. And the idea here is that the state should not act where it does not have authority to act. This is something purely within the federal domain.

KAGAN: And the state says it will appeal that decision.

FREEMAN: We have not received anything from the state yet, so...

KAGAN: So when you get that, you will perhaps have comment on that. But just to let people understand here the different standards, your client did have a blood alcohol level that would have exceeded Florida state law, but the judge saying, well, Florida does not have jurisdiction here. Under the federal law, it would have to be 1.0, is that correct? And your client, while clearly intoxicated, did not fall under that.

FREEMAN: The federal standard is 0.10 for presumption. The Florida rule is .08 for a first-day violation in the motor vehicle statutes. The federal law deals specifically with commercial air pilots working in interstate commerce.

KAGAN: And while it's not a legal standard, clearly it's having implications to your client. The FAA standard is .04. Your client clearly in violation of that standard.

FREEMAN: Allegedly the breathalyzer results was above the .04 limit that the FAA sets for its administrative action dealing with flight certificates.

KAGAN: And in fact, the FAA has yanked your client's pilot license.

FREEMAN: That's correct. They permanently revoked the pilots license and medical license.

KAGAN: So while they may not be going to jail this is not over for them. They are still are consequences of their behavior.

FREEMAN: Well, right, absolutely. They have been fired by their employer and they have permanently lost their flight certificate and medical certificate.

KAGAN: So America West says get lost. The FAA says you shouldn't be flying a plane. Certainly your client, while he might be getting off on a legal technicality or whatever you want to call it, he certainly can not be proud of what he did.

FREEMAN: I can't comment on my client's opinion of anything at this point.

Really, the point is that the technicality is a constitutional issue.

KAGAN: Where does your client go from here. He can't fly a plane for a living. He's got to do something.

FREEMAN: I'm not really sure at this point.

KAGAN: You don't know.

OK, well, Jeffrey Freeman, attorney for Christopher Hughes, thank you for coming on and explaining how the legal system works and where your client is today. Appreciate your time.

Thank you.

FREEMAN: Thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com