Prosecution (Government) Statement of Facts:

¶ … Prosecution (Government) Statement of Facts: The U.S. versus Joseph Fisher

Flight 1001 took off on a day with strong winds and high turbulence, both of which the flight's passengers were informed before the plane departed. Because of the weather conditions, the airplane's crew decided to keep the "Fasten Seat Belt" sign on for the duration if the short flight. However, passenger Joseph Fisher ignored the sign, approached the cockpit and requested his carry-on bag be given to him immediately, even though passengers such as Fisher who gave the flight crew their carry-on bags had their luggage stored in the bottom of the plane. There was no access to this area during the flight, and the copilot characterized Fisher's request for his carry-on as absurd. Throughout the flight, other passengers noted Fisher's loud and unruly behavior, as well as his refusal to obey the "Fasten Seatbelt" signs and his multiple approaches to the cockpit, ultimately numbering three.

Because of Fisher's behavior, the copilot Joseph Griffith said he afraid for the safety of the other passengers flight due to the danger of Fisher's distracting requests. When Fischer came to the cockpit three times, requesting his luggage and speaking in a loud voice and violating the "Fasten Seatbelt" signs he was a significant distraction to the safe operation of the flight, according to the testimony of the copilot. Also according to the copilot, on flights the copilot has certain responsibilities he or she must perform, including maintaining communication with air traffic control directors, monitoring various gauges on the plane, and tracking the wind speed. Wind was a particular issue for the flight that day. Without the copilot's full attention to such matters, the safety of the passengers and aircraft would be at risk thus he could not devote much attention to keeping Fisher in line.

Copilot Griffith admitted he did not have to leave his seat in the cockpit to deal with Mr. Fisher, Fischer did not make physical contact with the copilot, and the plane did land on time despite Fisher's entreaties. He added that even on a flight on a larger aircraft passengers would have access to their carry-on baggage during the flight -- but not when the "Fasten Seat Belt" light was on, as it was throughout the turbulent flight in question.

One of the state's witnesses was a lawyer and had a former law enforcement official. He was initially irritated by Fisher's voice and behavior before entering the aircraft (making phone calls in a loud tone of voice) and during the beginning of the flight (such as crossing and uncrossing his legs). He said Fisher made it difficult for him to concentrate on his own work, and the fact Fisher walked to the cockpit during a time when the "Fasten Seat Belt" light was on was a further irritant. The third time Fisher went to the cockpit his voice the witness Smith testified he heard Fisher shout "When are you going to land this damned plane?"