Patriot Act Can Be Used In Hand Held Laser Pointer Case

1010WINS
Sep. 16, 2005

NEWARK, N.J. Federal prosecutors can use the Patriot Act against a Parsippany man accused of shining a hand-held laser at two aircraft.

David Banach's lawyers said the post nine-eleven law was not intended to be used against someone who is not a terrorist.

However, a federal judge says nothing appears to prohibit its use against anyone. The judge also said the act outlaws willfully interfering with anyone operating a mass transportation vehicle.

Authorities say Banach pointed the laser into a charter aircraft that was en route to Teterboro Airport in December, temporarily blinding both pilots. A Port Authority helicopter that was searching the neighborhood was struck with the beam two days later.

His lawyer claims Banach and one of his daughters were directing the laser pointer into the sky and didn't realize it posed a threat to aircraft.

The judge is scheduled to consider other motions in the case on Monday.