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I am Trent's attorney.
What happened in his case was so appalling, I do not know where to begin.
But to call his trial a circus demeans the circus.
Nicolae and Elena Ceaușescu got a fairer trial than Trent did.
Here are but a few examples:
- The center piece of the FAA case was a video that caught a glimpse of Trent's airplane during his low inspection pass. The FAA destroyed/deleted that video before trial, but every FAA witness was permitted to testify (over my continuous objection) about what the video allegedly showed even thought we could not see it.
- FAA Counsel during the course of the proceedings objected to a question that I ask their "expert" relative to the flap system Trent's aircraft used. Her objection? She did not understand the question. When the judge asked her source of confusion, she asked "what's a flap?" This attorney has been with the FAA for 22 years.
Remember that the justification for all administrative agencies is that they are repositories of subject matter "expertise."
Spare me.
- Their "expert pilot" had an unremarkable flying career who never made any more than 50K as a pilot and doubled his salary when he jumped to the FAA 18 years ago. He was the individual who the FAA put up to second guess Trent about his off-airport operations. He had not touched an aircraft in 18 years. He knew nothing about Trent's plane, could not tell you its performance characteristics, what type it was, its engine, etc. He conducted no investigation and read no materials which would have informed him in that regard. He too knew nothing of Trent's flying experience. He had never observed Trent flying and made no efforts or requests to do so.
I asked him whether or not it was a fair statement that the "appropriateness" of a landing site is a function of both the aircraft performance and pilot experience? He agreed that was a fair statement.
He too agreed that a low inspection pass was "necessary" to conduct an off-airport landing.
Still, he offered all manner of testimony about what would have happened had its engined had failed (and BTW, its a KitFox V. I have seen helicopters take more distance to land) and the (in)appropriateness of Trent's chosen landing site (over my objection, of course).
Oh, and according to this "pilot expert," when you are doing a low inspection pass for an off airport landing, you still must stay at least 500 feet away from "vehicles, vessels, structures and persons" on the ground. Riddle me this batman, how the F do you inspect a landing surface from 500 feet away?"
The FAA "pilot expert" too boasted in his resume (which I secured in discovery) that when he does a good job for the FAA, he gets - and I quote verbatim - "accolades, time-of, and cash awards." Part of his job is to hang pilots in enforcement actions.
I asked him on cross, "if this case goes the FAA's way, will you get "accolades, time-off or a cash award." Objection. Sustained.
If I had brought this "expert" to court, I would have been laughed out of the door.
At the FAA, this is business as usual.
I have NEVER seen such institutional bias in my life. This is hardly an independent expert who brings his wealth of experience to bear upon a set of facts to reach an informed opinion. He is whore, and an indentured one at that.
The FAA keeps food in his belly and a roof over his head. What do you think he is going to say in these proceedings?
From a few cubicles away .... "hey Bob, what are you doing today?" "Nothing why?" "We got this enforcement case and need you to testify against a pilot." "Sure. Be right there."
Apparently, if you hold a pilots certificate and work for the FAA, you are an "expert" about all things piloting. Your actual experience matters not.
Oh, I did ask him on cross in all the times he has testified for the FAA, how many times did he testify that the pilot did nothing wrong. Wait for it .... 0.
I will post his resume later so you can see it with your own eyes.
And folks, I am just scratching the surface here.
If I sound like I am disgusted, it is because I am.
Oh, and let me too add that this is not the only matter I have going now where the a pilot has been violated for doing EXACTLY what the FAA advised him to do.
It's getting old folks.
Trent is a very nice and earnest young man who has a passion for aviation who is VERY good at what he does and is by any reasonable measure, an excellent pilot, especially when it comes to off-airport operations. He simply does not deserve this.
_________________
- As God as my witness, I thought turkeys could fly.
Robert D. Schulte
http://www.schultebooth.com
Last edited on 29 Apr 2022, 03:49, edited 6 times in total.