Prosecution in Gondola Case Limited to Showing 3 Photos

Jurors will see just three photos of a crumpled Italian ski gondola, not the more than 50 prosecutors had requested, when the court-martial of two Marine aviators begins, a military judge ruled Tuesday.

Both were charged with 20 counts of involuntary manslaughter and negligent homicide after their EA-6B Prowler jet hit a cable supporting the gondola near Cavalese, Italy, on Feb. 3 and killed 20 people.

Lt. Col. Robert Nunley said jurors in Camp Lejeune, N.C., will see three photos of the flattened gondola, some of which show blood and bodies. But the photos are not as graphic as others prosecutors wanted to introduce.

“My greatest fear is the members will convict because 20 people died, not because of negligence,” Nunley said.

Jurors also will not see photos of the victims when they were alive.

Capt. Richard Ashby, 31, of Mission Viejo, the pilot, and Capt. Joseph Schweitzer, 31, of Westbury, N.Y., the navigator, are scheduled to be tried in separate proceedings next month at Camp Lejeune.

Prosecutors argued Monday that jurors need to see the pictures of the wreckage and bodies to fully understand the case. Defense lawyers said the photos had little value as evidence and would only shock the jury.