Second Trial and Re-examination
The two men were court-martialed a second time for obstruction of justice and conduct unbecoming an officer and a gentleman, because they had destroyed a videotape recorded from the plane on the day of the accident. They were found guilty in May 1999; both were dismissed from the service and the pilot received a six-month prison term. He was released after four and a half months for good behavior. Schweitzer made a plea agreement that came to full light after the military jury deliberated upon sentencing. His agreement prevented him from serving any prison time, but it did not prevent him from receiving a dismissal.
In late 2007, Ashby and Schweitzer asked for a re-examination of their trial and clemency, challenging their dismissals in order to be eligible for military benefits. On this occasion they claimed that during the first trial the prosecutor and the defense secretly agreed to drop the involuntary manslaughter and negligent homicide charges, but to keep the obstruction of justice one in order to satisfy the requests coming from Italy. The appeal of Schweitzer was denied in November 2007.
Read more about this topic: Cavalese Cable Car Disaster (1998)
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