Immunity Plea Delays Trial in Gondola Deaths

Attorneys argued Tuesday over immunity for a Marine jet navigator, delaying testimony in the obstruction of justice trial of the pilot who sliced an Italian gondola cable, killing 20 people.

The disagreement flared after a jury of seven officers, including three helicopter pilots, was selected.

Capt. Richard Ashby, 32, of Mission Viejo, Calif., is charged with obstruction of justice and conspiracy. He admitted during his manslaughter trial in March that he helped hide a videotape shot before his EA-6B Prowler struck the cable on Feb. 3, 1998. A jury acquitted Ashby of manslaughter March 4.

Capt. Joseph Schweitzer, who was Ashby’s navigator on the fatal flight and is expected to testify for the government and defense, asked the judge to grant him immunity from prosecution for his testimony. The judge, Col. Alvin Keller, said he would issue a ruling today.

Schweitzer said in an interview Tuesday that he expects to be out of active service by June 1 and wants to get on with his life.

“I just want this thing to end and I don’t want to revisit it,” he said. “The issue here is what will happen two to three years from now. I accept responsibility for everything I did and everything I have done.”

Schweitzer, 31, of Westbury, N.Y., pleaded guilty to the same obstruction and conspiracy charges Ashby faces and was ordered dismissed from the Marines earlier this month. Schweitzer said he threw the tape into a bonfire because he feared a frame on it of his smiling face might be used to vilify him on Italian television.

“He’s fully testified about everything he knows,” said Schweitzer’s attorney, Maj. Eric Veit. “Our concern is that although he pleaded guilty . . . his conviction is not yet final. Should his conviction be reversed for any errors in the case, the government would be free to prosecute him.”

“We believe that by being called to testify in this case he is being further asked to incriminate himself,” Veit said.

Maj. Daniel Daugherty argued that Schweitzer waived his 5th Amendment right against self-incrimination by pleading guilty. Prosecutors also said the plea agreement didn’t include immunity.