No jail for laser man
Judge: Mr. Banach never meant to harm anyone Posted by the Asbury Park Press on 02/18/06BY ROB JENNINGS
GANNETT NEW JERSEY NEWARK ? A Parsippany man who pleaded guilty to violating the Patriot Act by shining a hand-held laser at an aircraft was spared a prison term and sentenced to two years probation on Friday.
David W. Banach, 39, a married father of three young daughters with no prior criminal record, was crying as he asked U.S. District Judge John C. Lifland for leniency.
"I'm remorseful. I'm ashamed of myself, for what I've done,'' Banach said. "For as long as I live, I'll never set foot in another courtroom for any offense.''
Lifland, in pronouncing sentence, said he believed Banach.
"It is clear to me that Mr. Banach never meant any harm to anyone,'' Lifland said.
Lifland described Banach's actions on Dec. 29, 2004 - pointing a laser in the sky that briefly distracted the pilot of a Cessna jet - as "only a few moments of reckless action in an otherwise blameless life.''
Non-binding federal sentencing guidelines called for 18 to 24 months in prison, though U.S. Attorney Christopher J. Christie, as part of Banach's guilty plea, agreed not to seek a prison term.
The judge also decided not to fine Banach, a communications technology provider who lost his job on Tuesday. He faced up to a $250,000 fine.
Afterward, Banach and his wife, Allison, expressed relief at the conclusion of a 14-month legal odyssey that transformed Banach into the unwelcome subject of nationwide publicity.
"It was almost like a dark cloud lifting,'' Banach said.
"I haven't slept in a week. I'm just barely functioning,'' said Allison Banach, who wrote to Lifland and asked him to keep her husband out of prison.
Christie was not in court but issued a statement defending his office's handling of the case.
"At no time did we believe that Mr. Banach was involved in terrorism or that he should face a maximum penalty of 20 years in a federal prison,'' Christie said, referring to the top punishment under the Patriot Act's provision on terrorist attacks.
"Nonetheless, his conduct posed an immediate threat to innocent lives on an aircraft on landing approach to Teterboro Airport. For that, Mr. Banach was charged appropriately and now stands a convicted felon,'' Christie said.
Under Banach's plea deal, two related counts of making false statements to law enforcement officers were dismissed. Banach could have faced five years in prison on each count.
In court, Assistant U.S. Attorney Christopher J. Gramiccioni requested that the laser pointer that Banach purchased for about $120 not be returned to him.
Lifland agreed and ordered Banach to steer clear of laser equipment.
Banach, relaxing at home in Parsippany with friends and relatives after the sentencing, said that was just fine with him. The laser incident began with him trying to point out stars in the sky to one of his daughters.
Roger & Amanda La France