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Judge bars viewing of tape in case of pilots accused of being drunk
MIAMI, Florida (CNN) -- The judge in the case of two former pilots accused of operating an aircraft while intoxicated ruled Wednesday national security interests made it necessary to bar the news media from viewing an edited security tape made as the men passed through the airport before their arrests. "My own personal philosophy is to not exclude the media from anything because... the public's right to know is paramount except in the area of national security," Judge David Young said. "The world has changed since September 11." In making the pretrial ruling, Young said he was "left with no other option" based on regulations enacted by Congress after the terrorist attacks. Court documents indicated the Transportation Security Agency believes the tape could be used to gain confidential information by freeze-framing "to determine locations of security cameras and detect certain things including the types of security machines used." But, news media attorneys argued the 5-minute compilation of various security camera footage would reveal no more information than a casual observer might glean. "How does it (the tape) show anything different from every single person who goes through MIA can see for themselves?" asked Sanford Bohrer, attorney for CNN and CBS. Defendants Thomas Cloyd and Christopher Hughes were arrested in Miami International Airport July 1 after security screeners said the pilots appeared drunk before boarding an American West jet scheduled to fly to Phoenix with 124 passengers aboard. The plane had pushed back from the gate, getting ready for takeoff, when aviation officials ordered the jet back to the terminal. In Breathalyzer tests given more than two hours after their scheduled take-off, former captain Cloyd registered .091 and his former co-pilot Hughes tested at .084. Florida's legal limit for operating a vehicle while under the influence of alcohol is .08, while the FAA's is .04. The pair has been charged under Florida law with operating an aircraft while intoxicated and one count each of reckless endangerment. In addition, the FAA revoked their licenses. Both have pleaded not guilty to the charges, which could bring prison terms of up to six years. Prosecutors say the night before the pilots' arrests, security cameras in a Miami-area sports bar captured them drinking and playing pool from 11 p.m. until nearly 4:30 a.m. -- just hours before the plane's departure. In another pretrial motion Wednesday, defense attorneys asked the judge to throw out the case, saying Florida does not have jurisdiction. Denying the motion, Young cited Florida statutes covering operating vehicles while under the influence and listed supporting case law. In Wednesday's hearing, both defendants said they would not seek a plea bargain agreement. The trial is set for February 10.
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