Marine Fliers to Plead Not Guilty in Ski-Lift Tragedy

Two Marine aviators will plead not guilty to manslaughter and negligent homicide charges for flying their jet into an Italian ski lift cable, sending 20 people to their deaths, their lawyers said Monday.

Capt. Richard J. Ashby, the pilot of the EA-6B Prowler, will be tried Dec. 7-18, and Capt. Joseph P. Schweitzer, the navigator, on Jan. 4-15, a military judge said at their arraignment Monday.

Neither entered pleas; their lawyers said they will wait until their trials to do so.

Ashby, 30, of Mission Viejo, Calif., and Schweitzer, 30, of Westbury, N.Y., each are charged with 20 counts of involuntary manslaughter and negligent homicide, as well as dereliction of duty, destroying military property and destroying civilian property. If convicted on all charges, they could be imprisoned for life.

Prosecutors contend they were flying too low and too fast Feb. 3 when their jet hit the cable, dropping a crowded ski lift gondola to the ground. The two men have denied that they were flying the Prowler recklessly, and their lawyers said maps did not show the cable 370 feet above the ground.

Defense attorneys have said the decision to court-martial the airmen was politically motivated by U.S. officials seeking to defuse protests in Italy, but a military judge assured the Marine airmen they would get a fair trial.

But defense lawyers repeated concerns that it will be difficult, if not impossible, to find an impartial jury of officers to hear the case.

“There have been no restrictions on any Marine Corps officers who are potential board members in terms of watching the media, reading news reports, and so it remains to be seen whether there can be a fair trial in this environment,” said Frank Spinner, an attorney for Ashby.

Another hearing was scheduled for Sept. 8, the day prosecution and defense teams plan to visit Italy for 10 days to interview witnesses.

The judge, Lt. Col. Robert E. Nunley, said there were questions about whether the defendants should go because of fears Italian authorities might arrest them. The judge also said it hadn’t been determined if the Italian government would permit the teams to visit the country.

In Washington, lawyers for seven Germans killed in the accident said Monday the United States should pay $35 million in damages to their families.

Last week, the House passed legislation setting aside $20 million for compensating victims and rebuilding the cable car system damaged in the tragedy. The Senate version contains no funding but recognizes a U.S. obligation to compensate victims and calls for a quick and fair resolution of the matter.

Lawyers representing Polish and Belgian victims also are seeking compensation from the U.S.