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Jury in ski-lift trial could get case Wednesday
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Ashby
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CNN's Tony Clark reports on the last day of defense witnesses
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Defense rests
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March 2, 1999
Web posted at: 11:33 a.m. EST (1633 GMT)
CAMP LEJEUNE, North Carolina (CNN) -- The court-martial of a
Marine pilot accused of killing 20 people in an Italian ski
lift accident ended its testimony phase Tuesday. Closing
arguments are scheduled for Wednesday, with victims'
relatives being flown in from Europe to attend.
The eight jurors, all Marine officers, could begin deciding
Capt. Richard Ashby's fate as early as Wednesday afternoon.
Ashby was at the controls of the EA-6B Prowler when it sliced
the cable of a ski gondola on February 3, 1998.
Only one person took the stand Tuesday, a rebuttal witness
for the prosecution. Robert Duarte, an expert on some
instruments in the jet, questioned evidence by defense
attorneys who claimed the plane's speed was slower than what
prosecutors contend.
An hour later, the judge, Lt. Col. Robert Nunley, sent the
jury home for the day while he and attorneys for the defense
and prosecution prepare jury instructions.
Ashby, 31, of Mission Viejo, California, is charged with 20
counts of involuntary manslaughter and one count each of
destroying private property, destroying government property,
dereliction of duty and improper flight planning.
He faces a maximum sentence of 206 years in prison if
convicted of all charges.
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Marine pilot Capt. Richard Ashby says he had no way of knowing a ski lift cable was strung across his flight path, because it was not marked on the military maps he was given for a low-level training mission on February 3, 1998.
Prosecutors don't dispute that, but say Ashby was still flying too fast and too low when his EA-6B Prowler dove into a valley in mid-afternoon, striking the Mount Cermis ski lift near Cavalese, Italy.
Nineteen skiers and the gondola operator plunged to their deaths.
The plane hit the cable at 370 feet (112 meters) above the ground, more than 600 feet (182 meters) lower than it was supposed to be flying.
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Correspondent Tony Clark contributed to this report.
RELATED STORIES:
Pilot takes stand in ski lift deaths February 26, 1999
Defense witnesses: Marine pilot a 'natural' February 19, 1999
Crew member assumed 'eject position' after Marine jet hit gondola cable February 18, 1999
Altitude guidelines at issue in Marine pilot court-martial February 17, 1999
RELATED SITES:
Aviano Air Base Home Page
MarineLINK
Jury Research Institute: Jury and Trial Consultants
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