Interference

1. F asked how long the flight would be; copilot told him how long; told him to return
to his seat; F did (4)
2. F to the cockpit again shortly after that to ask copilot to get his carry-on; absurd
request; copilot testified passengers saw him stow it @ bottom of plane
(inaccessible during flight); copilot irritated/impolite (4)
3. Copilot concerned after 3rd time (F offered to get his own bag in loud voice); had to
focus on F and not other duties; increasingly bizarre requests; worried about having
to leave cockpit to deal w/ F (did not have to do so) (5)
4. Copilot looked at certain gauges; keep contact w/ air traffic controllers (5)
5. Pilot operated the plane the entire flight; never had to respond to Fs requests b/c it
was copilots job to communicate w/passengers; never had to leave cockpit to deal
w/F (6)
6. Copilot didnt notify pilot/aircraft traffic control ppl about F (6)
7. Passenger demanded F to take the window seat; told him he worked w/Illinois Police
and hed use force to make him sit down if necessary (works on a contractual basis
w/ them) (9)
8. Passenger asked F why he was getting up so often, said that he has lots of energy;
being confined in a plane is difficult for him (9)
9. Pilot/copilot did not ask Passenger to restrain F (10)
10. Plane landed on time (10)
Intimidation
1. Copilot irritated the 3
rd
time; shouted at F to sit down; mentioned something about
the safety about the plane; raised voice when are you going to land this damned
plane? (9)
2. F did not threaten physical harm; no physical contact w/Copilot (6-7)
3. Copilot never stated on record that he felt intimidated
Totality of Circumstances
1. 9 passenger flight; no flight attendants; only pilot and copilot (2)
2. Short flight w/turbulence, Fasten Seat Belt sign on for entire flight (passengers
should not leave seats at all) (2, 3)
3. Passengers only have access to carry-on when Fasten Seat Belt light is off (7)
4. F walked around the airport before and made several phone calls and use d aloud
voice on at least one occasion; F irritated Passenger before going to the cockpit (10)
5. P active; crossing/uncrossing legs and spent a lot of time folding and unfolding his
newspaper; furthering irritated passenger (10)
Judge
1. After September 11; alluded to national security (11)