(AK) Trial to begin against Security Aviation - re: destructive devices
- Thread starter spacemanspiff
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carebear
Member
Hung jury at worst, not guilty more probably.
Depends on the technical question of whether the launchers are truly demilled or are actually easily remilitarized and then whether Kane and Co. knew it and intended to do it and then whether the jury believes Kane to be anything more than a clown.
The fact they've been in-country so long and apparently bought and sold with no issues before isn't helping the Feds.
Depends on the technical question of whether the launchers are truly demilled or are actually easily remilitarized and then whether Kane and Co. knew it and intended to do it and then whether the jury believes Kane to be anything more than a clown.
The fact they've been in-country so long and apparently bought and sold with no issues before isn't helping the Feds.
Cosmoline
Member
I'm betting the feds go away bloody on this one. The only way they'll win is by convincing the jury they're not wasting everyone's time and that the defendants really do pose some risk. But with a jury of that many blue-collar Alaskans, they're dealing with people who likely have extensive personal experience with firearms and BS from the federales. I'm just keeping my fingers crossed.
spacemanspiff
Senior Member
http://www.adn.com/news/alaska/security_aviation/story/7744294p-7655212c.html
Witness: Security weapons in 'pristine' shape
ROCKET LAUNCHERS: Devices are in good shape, analyst tells jurors.
By LISA DEMER Anchorage Daily News Published: May 19, 2006
Last Modified: May 19, 2006 at 01:48 AM
Basic questions played out Thursday for jurors hearing a federal weapons case in U.S. District Court: What is a rocket launcher anyway? And did the defendants possess devices that would actually work?
An expert in rocket weaponry told jurors that his tests determined the two Russian-built rocket launchers sitting before them were operational, in pristine condition, and ready to attach to jets.
"They are in very good shape," said Charles Watson, a branch chief with the National Air and Space Intelligence Center. He called them "pristine."
Security Aviation Inc., an air charter and air ambulance business, along with company principal Rob "Commander" Kane, are charged with illegally possessing and transporting rocket launchers. Kane also is charged with conspiracy.
The government is trying to paint a picture of a business that spun out of control when Kane began running it for new owner Mark Avery last summer. Kane directed the acquisition of 12 Czech-built L-39 Albatros military jets to which the launchers could have been attached.
The defense says Security Aviation was trying to win contracts for military training but jurors also have heard brief snippets from former employees about rumors of a shadowy mission to the Philippines.
The launchers are extremely simple weapons, essentially metal cylinders each encasing 16 tubes in which rockets could be loaded, according to Watson. His job at the intelligence center on Wright-Patterson Air Force Base in Ohio is to test and analyze foreign weaponry in order to help U.S. forces defend against it.
The Soviet-era launchers are rugged and intentionally easy to use, he said. "Read a step, do a step, eat a banana," he said.
His tests in April found the electronic circuitry of the launchers, including the main plug that draws power from a plane, to be intact, Watson told jurors, using a detailed diagram and the launchers themselves to explain. Some jurors furiously scribbled notes as he spoke.
He also described for jurors how the rockets would work, with electronic ignition of the rocket propellant. He testified that the rockets, made by companies in China, Bulgaria and Romania, are easy to obtain, though under cross-examination admitted that he knows of no one in the U.S. outside of government who obtained any.
There's no evidence Security Aviation had rockets, or tried to acquire any. The defense has said the launchers, bought off an eBay ad, were just for show.
Would the launchers still work, from the ground, even if all the electronic wires were stripped away? asked Paul Stockler, one of Kane's defense attorneys.
They would, Watson told him.
Stockler then set up a display in the courtroom, sticking tubes of PVC pipe through a cardboard box. He asked if that would work as a launcher, too.
"That is correct," Watson said.
Also on Thursday, former Security Aviation jet mechanic John Berens finished testifying against his former employers, telling the jury that a German expert considered the rocket launchers capable of firing.
"He said that they were good to go," Berens said. "Everything looked operational to him."
Bernd Rehn, a former East German air force officer, was hired as a consultant by Security Aviation last fall to train Berens and his crew and to inspect the company L-39 Albatross jets.
In December, Berens said he asked Rehn to examine the rocket launchers, capable of being fixed beneath the wings of the jets. Kane had told him to be prepared to travel to the Philippines with the jets, Berens said.
He told jurors he wanted Rehn's opinion on whether the launchers would be operational if they took them to the Philippines, even though the company had not obtained rockets to arm them.
Berens said he underwent Lasik eye surgery to improve his vision because he thought he was in danger of being fired upon if they went to the Philippines.
He said he relayed Rehn's assessment of the launchers to Kane and two others, Tom Trotter, a former Navy Top Gun pilot who headed up the company's L-39 program, and Joe Griffith, a former Elmendorf flight wing commander who served as another consultant to the company.
Berens and two other former mechanics told jurors they were pushed to unload and assemble a new shipment of L-39 jets when they arrived in crates last fall at the company's Palmer hangar. These four jets, the MS model, are more advanced and more mission-capable than the earlier eight Security had purchased. The hangar floor had just been painted, but they were told it didn't matter, they could go ahead and scratch it up.
"I worked Thanksgiving Day even," former company mechanic Mark Sheets testified on Thursday. Sheets later was fired when he refused to sign a nondisclosure agreement sought by the company.
Berens told jurors he quit his $75,000-a-year job as head mechanic of Security's L-39 program because he worried some of the activities bordered on being illegal. He then helped an Illinois company repossess the four L-39 MS models and cleared the planes for flight.
One of the jets crashed Jan. 25 in Ketchikan after a bad weather delay in Sitka. The pilot ejected, but was killed.
Defense lawyers told U.S. District Judge John W. Sedwick that their witnesses will contradict what Berens said about the rocket launchers' functionality.
--------------------------------------------------------------------------------
Daily News reporter Lisa Demer can be reached at [email protected] and 257-4390. Daily News reporter Richard Mauer contributed to this story
Witness: Security weapons in 'pristine' shape
ROCKET LAUNCHERS: Devices are in good shape, analyst tells jurors.
By LISA DEMER Anchorage Daily News Published: May 19, 2006
Last Modified: May 19, 2006 at 01:48 AM
Basic questions played out Thursday for jurors hearing a federal weapons case in U.S. District Court: What is a rocket launcher anyway? And did the defendants possess devices that would actually work?
An expert in rocket weaponry told jurors that his tests determined the two Russian-built rocket launchers sitting before them were operational, in pristine condition, and ready to attach to jets.
"They are in very good shape," said Charles Watson, a branch chief with the National Air and Space Intelligence Center. He called them "pristine."
Security Aviation Inc., an air charter and air ambulance business, along with company principal Rob "Commander" Kane, are charged with illegally possessing and transporting rocket launchers. Kane also is charged with conspiracy.
The government is trying to paint a picture of a business that spun out of control when Kane began running it for new owner Mark Avery last summer. Kane directed the acquisition of 12 Czech-built L-39 Albatros military jets to which the launchers could have been attached.
The defense says Security Aviation was trying to win contracts for military training but jurors also have heard brief snippets from former employees about rumors of a shadowy mission to the Philippines.
The launchers are extremely simple weapons, essentially metal cylinders each encasing 16 tubes in which rockets could be loaded, according to Watson. His job at the intelligence center on Wright-Patterson Air Force Base in Ohio is to test and analyze foreign weaponry in order to help U.S. forces defend against it.
The Soviet-era launchers are rugged and intentionally easy to use, he said. "Read a step, do a step, eat a banana," he said.
His tests in April found the electronic circuitry of the launchers, including the main plug that draws power from a plane, to be intact, Watson told jurors, using a detailed diagram and the launchers themselves to explain. Some jurors furiously scribbled notes as he spoke.
He also described for jurors how the rockets would work, with electronic ignition of the rocket propellant. He testified that the rockets, made by companies in China, Bulgaria and Romania, are easy to obtain, though under cross-examination admitted that he knows of no one in the U.S. outside of government who obtained any.
There's no evidence Security Aviation had rockets, or tried to acquire any. The defense has said the launchers, bought off an eBay ad, were just for show.
Would the launchers still work, from the ground, even if all the electronic wires were stripped away? asked Paul Stockler, one of Kane's defense attorneys.
They would, Watson told him.
Stockler then set up a display in the courtroom, sticking tubes of PVC pipe through a cardboard box. He asked if that would work as a launcher, too.
"That is correct," Watson said.
Also on Thursday, former Security Aviation jet mechanic John Berens finished testifying against his former employers, telling the jury that a German expert considered the rocket launchers capable of firing.
"He said that they were good to go," Berens said. "Everything looked operational to him."
Bernd Rehn, a former East German air force officer, was hired as a consultant by Security Aviation last fall to train Berens and his crew and to inspect the company L-39 Albatross jets.
In December, Berens said he asked Rehn to examine the rocket launchers, capable of being fixed beneath the wings of the jets. Kane had told him to be prepared to travel to the Philippines with the jets, Berens said.
He told jurors he wanted Rehn's opinion on whether the launchers would be operational if they took them to the Philippines, even though the company had not obtained rockets to arm them.
Berens said he underwent Lasik eye surgery to improve his vision because he thought he was in danger of being fired upon if they went to the Philippines.
He said he relayed Rehn's assessment of the launchers to Kane and two others, Tom Trotter, a former Navy Top Gun pilot who headed up the company's L-39 program, and Joe Griffith, a former Elmendorf flight wing commander who served as another consultant to the company.
Berens and two other former mechanics told jurors they were pushed to unload and assemble a new shipment of L-39 jets when they arrived in crates last fall at the company's Palmer hangar. These four jets, the MS model, are more advanced and more mission-capable than the earlier eight Security had purchased. The hangar floor had just been painted, but they were told it didn't matter, they could go ahead and scratch it up.
"I worked Thanksgiving Day even," former company mechanic Mark Sheets testified on Thursday. Sheets later was fired when he refused to sign a nondisclosure agreement sought by the company.
Berens told jurors he quit his $75,000-a-year job as head mechanic of Security's L-39 program because he worried some of the activities bordered on being illegal. He then helped an Illinois company repossess the four L-39 MS models and cleared the planes for flight.
One of the jets crashed Jan. 25 in Ketchikan after a bad weather delay in Sitka. The pilot ejected, but was killed.
Defense lawyers told U.S. District Judge John W. Sedwick that their witnesses will contradict what Berens said about the rocket launchers' functionality.
--------------------------------------------------------------------------------
Daily News reporter Lisa Demer can be reached at [email protected] and 257-4390. Daily News reporter Richard Mauer contributed to this story
carebear
Member
The rockets are "easy to obtain". Not legally like the launcher, but "easy". Not on eBay like the launcher, but "easy". Not that anyone in the US outside of .gov has ever apparently done it, but "easy". Not that there's any proof anyone at Security Aviation ever tried (or would know where to try) to obtain them, but it's "easy".
Like it's "easy" to convert semi's to full auto.
Like it's "easy" to hire a hitman from magazine ads.
Like it's "easy" to see the government case isn't very good.
Cardboard box with PVC? In college we (allegedly) made reloadable shoulder fired rockets from model rocket kits, homemade black powder warheads and PVC pipe.
Quick, somebody wet their pants and call the feds.
Like it's "easy" to convert semi's to full auto.
Like it's "easy" to hire a hitman from magazine ads.
Like it's "easy" to see the government case isn't very good.
Cardboard box with PVC? In college we (allegedly) made reloadable shoulder fired rockets from model rocket kits, homemade black powder warheads and PVC pipe.
Quick, somebody wet their pants and call the feds.
spacemanspiff
Senior Member
is there a monetary reward for narcing on you?
Cosmoline
Member
If this case concludes as I hope it will, I'm tempted to ship Dr. Watson there a bunch of bananas and invite him to eat them
horge
Member
Oh no, Just send 'Dr. Watson' to the Philippines.
Lots of bananas in this here 'hot zone'.
Lots of bananas in this here 'hot zone'.
spacemanspiff
Senior Member
i skipped a few days of articles, all it consisted of was 'he said she said' lawyerese.
==============================================
http://www.adn.com/news/alaska/security_aviation/story/7766424p-7678924c.html
Deliberations begin in rocket launcher case
By LISA DEMER Anchorage Daily News Published: May 25, 2006
Last Modified: May 25, 2006 at 02:09 PM
As the government tells it, Security Aviation principal Rob Kane single-mindedly sought military jets and was eager to arm them for an ambitious project in the Philippines that could bring the company $20 million to $200 million.
What happened at the air charter company was "an elaborate deception," Steven Skrocki told jurors Thursday during his closing argument in the trial of Security Aviation and Kane on federal weapons charges.
New owner Mark Avery was so eager to buy Security last summer that he paid $8 million cash — $1 million more than the asking price — in a deal that closed in just 16 days, Skrocki said, using a PowerPoint presentation to illustrate his argument. Avery installed Kane as his top man, and it was Kane's intent to use the rocket launchers that are at the center of the charges, Skrocki said.
As Skrocki spoke, Kane, a tall man with close-cut hair, scribbled notes on a yellow legal pad as he has throughout the trial. Avery, a former prosecutor who sat behind the defense table, leaned back with his eyes shut.
In eight days of testimony and argument, the government has tried to prove the launchers are dangerous destructive devices illegal for Kane and Security Aviation to possess or transport.
Defense lawyers have argued the launchers are harmless showpieces found at air shows and in museums all around the country. They contended the government's case amounted to nothing more than rumor, innuendo and speculation.
Sure, Security was expanding with an infusion of new people and hoped to go international, the company's lawyer, former U.S. Attorney Robert Bundy, argued to jurors.
"For that, we got the grandest conspiracy theory imaginable," Bundy said.
He told jurors they should consider the launcher as just one part of a weapons system, like a cylinder of a revolver. The cylinder alone isn't a weapon, and the launcher shouldn't be considered one either, Bundy said.
"This is designed to work with an aircraft as part of a fairly complicated system," Bundy said.
"They have to prove we knew this thing was somehow capable of firing these rockets, and they can't do it," he said.
As far as Kane knew, the launchers had been demilitarized, one of his lawyers, former state prosecutor Kevin Fitzgerald, told jurors. He never asked for the launchers but simply gave the go-ahead after another Security Aviation employee, Jim Mendenhall, spotted them on eBay as he browsed for patches to promote the L-39s. The eBay ad described them as demilitarized, unable to function as weapons.
And if they weren't, who could blame Kane? Fitzgerald said. There's no clear government standard for demilitarization. One government witness, with the Bureau of Alcohol, Tobacco and Firearms, told jurors that determinations are made case by case, Fitzgerald reminded jurors.
The jurors began deliberating just after noon. Two alternates were excused.
=======================================
interesting argument, about the rocket launchers being considered as just one component, like a revolvers cylinder.
but we all know how the BATFE defines 'machine gun'. any thoughts from you legal gurus on whether or not a precedent could be set here as regards machine guns or silencers and the legality of owning parts?
==============================================
http://www.adn.com/news/alaska/security_aviation/story/7766424p-7678924c.html
Deliberations begin in rocket launcher case
By LISA DEMER Anchorage Daily News Published: May 25, 2006
Last Modified: May 25, 2006 at 02:09 PM
As the government tells it, Security Aviation principal Rob Kane single-mindedly sought military jets and was eager to arm them for an ambitious project in the Philippines that could bring the company $20 million to $200 million.
What happened at the air charter company was "an elaborate deception," Steven Skrocki told jurors Thursday during his closing argument in the trial of Security Aviation and Kane on federal weapons charges.
New owner Mark Avery was so eager to buy Security last summer that he paid $8 million cash — $1 million more than the asking price — in a deal that closed in just 16 days, Skrocki said, using a PowerPoint presentation to illustrate his argument. Avery installed Kane as his top man, and it was Kane's intent to use the rocket launchers that are at the center of the charges, Skrocki said.
As Skrocki spoke, Kane, a tall man with close-cut hair, scribbled notes on a yellow legal pad as he has throughout the trial. Avery, a former prosecutor who sat behind the defense table, leaned back with his eyes shut.
In eight days of testimony and argument, the government has tried to prove the launchers are dangerous destructive devices illegal for Kane and Security Aviation to possess or transport.
Defense lawyers have argued the launchers are harmless showpieces found at air shows and in museums all around the country. They contended the government's case amounted to nothing more than rumor, innuendo and speculation.
Sure, Security was expanding with an infusion of new people and hoped to go international, the company's lawyer, former U.S. Attorney Robert Bundy, argued to jurors.
"For that, we got the grandest conspiracy theory imaginable," Bundy said.
He told jurors they should consider the launcher as just one part of a weapons system, like a cylinder of a revolver. The cylinder alone isn't a weapon, and the launcher shouldn't be considered one either, Bundy said.
"This is designed to work with an aircraft as part of a fairly complicated system," Bundy said.
"They have to prove we knew this thing was somehow capable of firing these rockets, and they can't do it," he said.
As far as Kane knew, the launchers had been demilitarized, one of his lawyers, former state prosecutor Kevin Fitzgerald, told jurors. He never asked for the launchers but simply gave the go-ahead after another Security Aviation employee, Jim Mendenhall, spotted them on eBay as he browsed for patches to promote the L-39s. The eBay ad described them as demilitarized, unable to function as weapons.
And if they weren't, who could blame Kane? Fitzgerald said. There's no clear government standard for demilitarization. One government witness, with the Bureau of Alcohol, Tobacco and Firearms, told jurors that determinations are made case by case, Fitzgerald reminded jurors.
The jurors began deliberating just after noon. Two alternates were excused.
=======================================
interesting argument, about the rocket launchers being considered as just one component, like a revolvers cylinder.
but we all know how the BATFE defines 'machine gun'. any thoughts from you legal gurus on whether or not a precedent could be set here as regards machine guns or silencers and the legality of owning parts?
spacemanspiff
Senior Member
http://www.adn.com/news/alaska/security_aviation/story/7769902p-7682714c.html
Kane found not guilty in rocket launcher case
Anchorage Daily News Published: May 26, 2006 Last Modified: May 26, 2006 at 05:07 PM
A jury today found Security Aviation and company official Rob Kane not guilty on federal weapons charges of illegally possessing rocket pod launchers for the company's military-style jets. The verdict was returned Friday afternoon, just a day after the case went to the jury.
================================
a fuller article will probably be published over the weekend. if i'm not around the computer, feel free to visit www.adn.com
Kane found not guilty in rocket launcher case
Anchorage Daily News Published: May 26, 2006 Last Modified: May 26, 2006 at 05:07 PM
A jury today found Security Aviation and company official Rob Kane not guilty on federal weapons charges of illegally possessing rocket pod launchers for the company's military-style jets. The verdict was returned Friday afternoon, just a day after the case went to the jury.
================================
a fuller article will probably be published over the weekend. if i'm not around the computer, feel free to visit www.adn.com
Cosmoline
Member
carebear
Member
What a great use of my tax dollars.
What exactly was the harm to me or any other US citizen if they were guilty again?
What exactly was the harm to me or any other US citizen if they were guilty again?
stevelyn
Member
BATFEces and fed pukes get their arses handed to them in one day of deliberations.
L-39's have become very popular in the jet warbird crowd. Good bang for the buck in performance. If you've got a valid pilot's license, you can get an orientation flight in one for $1350 or if you want a full hour its $2,100. They also have other jets for training including the Fouga Magister, MiG 15 and L-29. Go here for more info:
http://www.jetwarbird.com/
A friend of mine went here and did the hour in an L-39. He's still smiling from it.
http://www.jetwarbird.com/
A friend of mine went here and did the hour in an L-39. He's still smiling from it.
Al Norris
Member
Feds fails to sway jurors about launchers
VERDICT: Federal probe continues into Security Aviation's activities.
By LISA DEMER and RICHARD MAUER
Anchorage Daily News
Published: May 27, 2006
Last Modified: May 27, 2006 at 04:56 AM
A federal jury on Friday found Security Aviation and company principal Rob Kane not guilty of all charges related to two rocket launchers that the government said they had illegally possessed and transported.
A dozen jurors had to decide whether the two rocket launchers that sat in the courtroom throughout the trial were dangerous destructive devices, as the government said, or harmless tubes, no worse than plastic pipe that could also be rigged to fire a rocket, as the defense contended. Each launcher had tubes for up to 16 rockets encased in a metal pod.
The verdict came just a day after the case went to the jury. It was a blow to the government, which conducted massive, multi-agency raids on Security Aviation and related companies Feb. 2 after an FBI agent briefly went undercover and confirmed the launchers were still at Security's Palmer hangar. At the time of the raids and Kane's arrest, the government also had evidence from several former employees that Security officials were thinking of packing up the company's fleet of L-39 Czech military jets and taking them to the Philippines.
The rocket launchers were purchased for the jets, vintage Cold War aircraft used by Warsaw Pact and Third World countries as military trainers and ground-attack warplanes. But Security Aviation officials say the government misinterpreted the company's intentions.
In any event, the investigation remains active. The government has been sifting through seized company records for information about the source of the tens of millions of dollars spent over the last year to transform a small Anchorage air charter company into an international operation with trans-oceanic executive jets, helicopters, and top employees who boasted about paramilitary exploits and CIA connections.
U.S. District Judge John W. Sedwick praised the lawyers on both sides. "All of you have worked very hard," he said. And of the jury verdict, he said, "I think justice has been done in this case."
Kane, who scrawled notes throughout the nine-day trial, teared up as the verdicts were read.
When it was over, Kane and company owner Mark Avery embraced, with Kane tapping Avery on the back of his head.
"Now I can go home," said Kane, who was jailed after his Feb. 2 arrest then released on bail a month later to the custody of a real estate broker, Charles Sandberg, in Anchorage. His family remained in Eagle River. He said he needed a few days to think about his situation before commenting further.
Several jurors interviewed as they left the Federal Building or later at home said the government failed to lay out a standard for how to demilitarize the launchers to make them legal. Instead, they heard technically complex and sometimes contradictory testimony from government witnesses. An officer with the federal Bureau of Alcohol, Tobacco and Firearms, the agency that regulates weapons, told jurors decisions are case by case.
Jurors also said it simply wasn't clear whether the launchers alone -- without rockets, planes or other parts -- were truly "destructive devices."
"That pod sitting in that courtroom would not fire anything. It would not be destructive in any way," said juror No. 9, Lori Henderson of Anchorage. "They obviously didn't have enough evidence."
Jurors started their deliberations split, said juror No. 12, Walter Witte, an aircraft mechanic in Anchorage. He started out in the minority, which leaned toward guilty verdicts. But "we couldn't find the evidence to say what we were holding out for," Witte said. After roughly 11 hours of deliberations, all the jurors agreed the government hadn't proven the launchers were destructive devices, Witte said.
One of Kane's lawyers, Kevin Fitzgerald, said, "I think this investigation spun way out of control and could have been stopped at any point."
Acting U.S. Attorney Deborah Smith said the investigation into Security Aviation continues. The government will not return the rocket launchers because the Bureau of Alcohol, Tobacco and Firearms considers them destructive devices, she said. The forfeiture case brought by her office against Security for the two L-39 military jets still in government possession "is still pending," she said.
Jurors heard testimony that those two jets still had weapons components and wiring. At one point, Security had a dozen L-39s but four were repossessed by the seller.
Witnesses on both sides said the company hoped to win contracts to use the jets in military training exercises in the United States and the Philippines.
The launchers were just for show, witnesses said. They were bought off an eBay ad that described them as "de-mil'd," which also played into the jury's decision.
After the verdicts, Avery, an attorney himself, said he was pleased by the outcome. Over years of working as a state and municipal prosecutor, Avery said, he had become jaded and "fed up" with the criminal justice system. He had come to believe "a trial is not about the truth."
But this case was different, Avery said. "Everybody at the trial told the truth, except for one guy," Avery said, singling out key government witness John Berens, the chief mechanic for Security's L-39 fleet. Berens, a former Air Force mechanic, testified that he warned company officials that the rocket launchers were operational.
Avery said Security Aviation and his other businesses would survive.
"We're so thankful for all the people that have supported us," he said.
But he also recognized that the investigation would continue. "The government is in control," he said. "It's their game."
As he has done before, he refused to identify the sources of money for the phenomenal growth of his companies over the last year.
He said he planned to ask the government to return everything that was seized, including the remaining two L-39 jets and the rocket pods.
Avery said he remains "confused" about why the investigation began in the first place, though he acknowledged that he, Kane, and some employees had talked about secret international missions, money from trusts, and other so-far unexplained activities. And, he said, Kane, his partner, doesn't always make a good impression.
"Rob is an odd bird," Avery said. "You can quote me on that."
VERDICT: Federal probe continues into Security Aviation's activities.
By LISA DEMER and RICHARD MAUER
Anchorage Daily News
Published: May 27, 2006
Last Modified: May 27, 2006 at 04:56 AM
A federal jury on Friday found Security Aviation and company principal Rob Kane not guilty of all charges related to two rocket launchers that the government said they had illegally possessed and transported.
A dozen jurors had to decide whether the two rocket launchers that sat in the courtroom throughout the trial were dangerous destructive devices, as the government said, or harmless tubes, no worse than plastic pipe that could also be rigged to fire a rocket, as the defense contended. Each launcher had tubes for up to 16 rockets encased in a metal pod.
The verdict came just a day after the case went to the jury. It was a blow to the government, which conducted massive, multi-agency raids on Security Aviation and related companies Feb. 2 after an FBI agent briefly went undercover and confirmed the launchers were still at Security's Palmer hangar. At the time of the raids and Kane's arrest, the government also had evidence from several former employees that Security officials were thinking of packing up the company's fleet of L-39 Czech military jets and taking them to the Philippines.
The rocket launchers were purchased for the jets, vintage Cold War aircraft used by Warsaw Pact and Third World countries as military trainers and ground-attack warplanes. But Security Aviation officials say the government misinterpreted the company's intentions.
In any event, the investigation remains active. The government has been sifting through seized company records for information about the source of the tens of millions of dollars spent over the last year to transform a small Anchorage air charter company into an international operation with trans-oceanic executive jets, helicopters, and top employees who boasted about paramilitary exploits and CIA connections.
U.S. District Judge John W. Sedwick praised the lawyers on both sides. "All of you have worked very hard," he said. And of the jury verdict, he said, "I think justice has been done in this case."
Kane, who scrawled notes throughout the nine-day trial, teared up as the verdicts were read.
When it was over, Kane and company owner Mark Avery embraced, with Kane tapping Avery on the back of his head.
"Now I can go home," said Kane, who was jailed after his Feb. 2 arrest then released on bail a month later to the custody of a real estate broker, Charles Sandberg, in Anchorage. His family remained in Eagle River. He said he needed a few days to think about his situation before commenting further.
Several jurors interviewed as they left the Federal Building or later at home said the government failed to lay out a standard for how to demilitarize the launchers to make them legal. Instead, they heard technically complex and sometimes contradictory testimony from government witnesses. An officer with the federal Bureau of Alcohol, Tobacco and Firearms, the agency that regulates weapons, told jurors decisions are case by case.
Jurors also said it simply wasn't clear whether the launchers alone -- without rockets, planes or other parts -- were truly "destructive devices."
"That pod sitting in that courtroom would not fire anything. It would not be destructive in any way," said juror No. 9, Lori Henderson of Anchorage. "They obviously didn't have enough evidence."
Jurors started their deliberations split, said juror No. 12, Walter Witte, an aircraft mechanic in Anchorage. He started out in the minority, which leaned toward guilty verdicts. But "we couldn't find the evidence to say what we were holding out for," Witte said. After roughly 11 hours of deliberations, all the jurors agreed the government hadn't proven the launchers were destructive devices, Witte said.
One of Kane's lawyers, Kevin Fitzgerald, said, "I think this investigation spun way out of control and could have been stopped at any point."
Acting U.S. Attorney Deborah Smith said the investigation into Security Aviation continues. The government will not return the rocket launchers because the Bureau of Alcohol, Tobacco and Firearms considers them destructive devices, she said. The forfeiture case brought by her office against Security for the two L-39 military jets still in government possession "is still pending," she said.
Jurors heard testimony that those two jets still had weapons components and wiring. At one point, Security had a dozen L-39s but four were repossessed by the seller.
Witnesses on both sides said the company hoped to win contracts to use the jets in military training exercises in the United States and the Philippines.
The launchers were just for show, witnesses said. They were bought off an eBay ad that described them as "de-mil'd," which also played into the jury's decision.
After the verdicts, Avery, an attorney himself, said he was pleased by the outcome. Over years of working as a state and municipal prosecutor, Avery said, he had become jaded and "fed up" with the criminal justice system. He had come to believe "a trial is not about the truth."
But this case was different, Avery said. "Everybody at the trial told the truth, except for one guy," Avery said, singling out key government witness John Berens, the chief mechanic for Security's L-39 fleet. Berens, a former Air Force mechanic, testified that he warned company officials that the rocket launchers were operational.
Avery said Security Aviation and his other businesses would survive.
"We're so thankful for all the people that have supported us," he said.
But he also recognized that the investigation would continue. "The government is in control," he said. "It's their game."
As he has done before, he refused to identify the sources of money for the phenomenal growth of his companies over the last year.
He said he planned to ask the government to return everything that was seized, including the remaining two L-39 jets and the rocket pods.
Avery said he remains "confused" about why the investigation began in the first place, though he acknowledged that he, Kane, and some employees had talked about secret international missions, money from trusts, and other so-far unexplained activities. And, he said, Kane, his partner, doesn't always make a good impression.
"Rob is an odd bird," Avery said. "You can quote me on that."
Cosmoline
Member
Don't you love our federal government? They don't let a little thing like a JURY VERDICT stand in the way.
"In any event, the investigation remains active. The government has been sifting through seized company records for information about the source of the tens of millions of dollars spent over the last year to transform a small Anchorage air charter company into an international operation with trans-oceanic executive jets, helicopters, and top employees who boasted about paramilitary exploits and CIA connections."
Yeah, they're pissed now so they'll start pounding away until they find something...anything to make the owners continue to spend money on legal fees.
You might win the battle, but lose the war.
Yeah, they're pissed now so they'll start pounding away until they find something...anything to make the owners continue to spend money on legal fees.
You might win the battle, but lose the war.
carebear
Member
The jets they'll end up seizing will then be auctioned and the money go the seizing agency.
Alternately, if it looks like they'll have to be returned, they'll probably pull a "sour grapes" and "de-mil" them with a chop saw and cutting torch.
.gov doesn't let itself lose much.
Alternately, if it looks like they'll have to be returned, they'll probably pull a "sour grapes" and "de-mil" them with a chop saw and cutting torch.
.gov doesn't let itself lose much.
- Status