Issue link: https://www.epageflip.net/i/415476
ByJustinPritchard TheAssociatedPress LOS ANGELES Thepilotof the Virgin Galactic space- ship that tore apart over the Mojave Desert didn't know his co-pilot had pre- maturely unlocked its brakes, though protocol for the test flight required the co-pilot to announce the step, federal investigators said Wednesday. Pilot Peter Siebold told the National Transpor- tation Safety Board that he was not aware co-pilot Mike Alsbury had pulled a brake-unlocking lever be- fore the rocket designed to fly tourists to the edge of space was done accelerat- ing. Seconds later, Space- ShipTwo began to disinte- grate over Southern Cali- fornia. Protocol for the flight was to announce the un- locking, an agency spokes- man said. It is not clear if Siebold didn't hear Alsbury or the co-pilot never indicated he was taking the action. The safety board plans to ana- lyze flight audio next week, spokesman Eric Weiss said. Virgin Galactic said it could not comment on the investigation and referred questions to the NTSB. The Oct. 31 crash about 120 miles north of down- town Los Angeles killed Alsbury, injured Siebold and cast a shadow over the immediate future of space tourism. It could take a year for the NTSB to deter- mine the cause, though Vir- gin Galactic CEO George Whitesides said last week the company wants to re- sume test flights as early as next summer with a re- placement craft. The eventual goal is to launch spaceships carry- ing six passengers from a spaceport in New Mexico. For their $250,000 ticket, passengers would get a fleeting feeling of weight- lessness and a spectacular view of Earth from about 62 miles up. Pilot Siebold was hospi- talized after the crash, but when he spoke to investi- gators Friday he had been discharged. He told them that he was flung from the vehicle when it disintegrated. He said he unbuckled from his seat at some point during his fall that began miles above Earth, and his para- chute deployed automati- cally. Investigators have not revealed the exact altitude of the breakup, but pre- vious SpaceShipTwo test flights peaked at about 10 miles, much lower than the height expected for com- mercial flights. While the full investi- gation could take up to a year to complete, NTSB Acting Chairman Chris- topher Hart identified the vehicle's unique "feather" braking system as one fo- cus. The craft is designed to shift its shape as it re- enters the atmosphere. The twin tails, or feathers, tilt upright to create drag as the vehicle plummets to Earth — a more extreme version of how airplane wing flaps help slow jets on descent. Co-pilot Alsbury could be seen on inflight video unlocking the system be- fore the vehicle had reached Mach 1.0, Hart has said. The feathers aren't sup- posed to be unlocked until the craft reaches Mach 1.4, or more than 1,000 mph. At that point, it would have reached an altitude where the thinner air would not have provided so much vi- olent resistance. Even then, the feath- ers were not supposed to move. For that to happen, the crew would pull a sec- ond lever. The crew didn't take the second step, but the system engaged any- way. Two or three seconds later, the craft began to break apart. The NTSB has said the feathers could have de- ployed because of aerody- namic forces on the craft. The agency said Wednes- day that it is looking at those forces and review- ing safety documentation and the feather system's design. FEDERAL INVESTIGATORS Spaceshippilotunaware co-pilot unlocked brake RINGOH.W.CHIU—THEASSOCIATEDPRESSFILE Wreckage lies near the site where a Virgin Galactic space tourism rocket, SpaceShipTwo, exploded and crashed in the Mojave Desert. The surviving pilot of the Virgin Galactic spaceship that tore apart over the Mojave Desert was thrown clear of the disintegrating cra and did not know his co-pilot had prematurely unlocked the re-entry braking system, federal investigators said Wednesday. By Josh Richman Bay Area News Group A ruling that greatly loosened California's rules for carrying concealed fire- arms came closer to tak- ing effect Wednesday af- ter a federal appeals court denied bids by California's attorney general, a gun- control group and two po- lice groups to join the case. Without further ap- peals, this means sheriffs across California could be required to issue per- mits based on nothing more than the applicant's stated wish to carry a gun for self-defense. Attorney General Ka- mala Harris and the other organizations should have intervened in the case be- fore an appeals court al- ready had ruled in a way with which they disagreed, 9th U.S. Circuit Court of Appeals judges Diarmuid O'Scannlain and Consuelo Callahan ruled Wednes- day. "Most importantly, the opinion never 'draws into question' the 'constitu- tionality' of any California statute" as Harris claimed, they found. "It only ques- tions San Diego County's exercise of regulatory au- thority under such state statutes." Judge Sidney Thomas dissented, saying his peers' ruling "deprives one of the parties most affected by our decision the opportu- nity to even present an ar- gument to us on an impor- tant constitutional ques- tion affecting millions of citizens." The ruling will take ef- fect and counties' permit processes will be eased only when the case is re- manded to a lower court. Chuck Michel, the Cali- fornia Rifle and Pistol As- sociation's attorney, said Wednesday that Harris can now decide whether this case ends here or whether to ask a larger 9th Circuit panel or the U.S. Supreme Court to let her intervene. Either way, appeals in other cases could still im- peril this ruling, he said. "We would welcome Su- preme Court review in the Peruta case to resolve this important issue." Harris' office wouldn't comment Wednesday ex- cept to say, "We are review- ing the ruling." State law requires con- cealed-carry permits appli- cants to show "good moral character," take a train- ing course and establish "good cause." But it's up to county sheriffs to define "good cause," and sheriffs have set a wide range of policies. This lawsuit, filed by Ed- ward Peruta and several other San Diego County residents plus the Califor- nia Rifle and Pistol Asso- ciation, challenged that county's more restrictive interpretation, requiring "a set of circumstances that distinguish the appli- cant from the mainstream and causes him or her to be placed in harm's way." Con- cern for "one's personal safety alone is not consid- ered good cause," the coun- ty's policy said. Applicants had to provide documenta- tion — such as restraining orders, letters from law en- forcement or prosecutors — to prove a special need for self-protection. A federal district judge had ruled that's OK in or- der to protect public safety, but the appeals court re- versed that ruling in Feb- ruary, finding that the county's policy "impermis- sibly infringes on the Sec- ond Amendment right to bear arms in lawful self- defense." San Diego County Sher- iff Bill Gore announced in February that he would not appeal the three-judge panel's 2-1 ruling, but Har- ris moved later that month to intervene, asking for a review by an 11-judge panel. It was that request that Wednesday's ruling denied. The Alameda County Sheriff's policy requires an applicant to supply credi- ble evidence that "there is a documented, presently existing, clear and pres- ent danger to life, or great bodily harm to the ap- plicant and/or his or her spouse, domestic partner, or dependents;" that "the danger of harm is specific to the applicant, or his or her immediate family, and is not generally shared by other similarly situ- ated members of the pub- lic;" that police can't ade- quately address the dan- ger; that the danger can't reasonably be avoided some other way; and that granting a permit is "sig- nificantly likely to reduce the danger." Alameda County Sheriff Greg Ahern said Wednes- day that the county coun- sel is reviewing the latest court ruling, "and we're reviewing our current written policy and we'll be updating it with the suggested alterations by county counsel." Ahern noted this case deals only with the crite- ria for determining "good cause," and people still must pass background and criminal history checks, undergo psychological evaluations, take a fire- arms training course and pass a firing-range test in order to obtain permits. The Santa Clara County Sheriff's Office's website says the sheriff and county counsel "are currently re- vising the process for issu- ing CCW permits ... in or- der to accommodate, and expedite, the large num- bers of anticipated appli- cations." "Applicants that seek a CCW permit under the self-defense standard set forth in Peruta will be processed in the order they are received should the decision of the Ninth Circuit become final," the site says. STATE GUN LAWS Concealed firearm ruling stands a er appeals court declines case By Jessica Gresko The Associated Press WASHINGTON Lawyers for a man convicted of killing Washington intern Chan- dra Levy returned to court Wednesday as part of their pitch to a judge that he de- serves a new trial because of what they say are prob- lems with a key witness. Lawyers for Ingmar Guandique and the gov- ernment began three days of hearings Wednesday, and additional hearings are set for February. The judge overseeing the case will ul- timately decide whether to grant him a new trial. Guandique's lawyers are arguing that a jury con- victed him in 2010 on the basis of false or misleading testimony given by a one- time cellmate. They say prosecutors knew or should have known the testimony was false and investigated the man further. Prosecu- tors oppose Guandique's motion for a new trial. Levy's 2001 disappear- ance created a national sen- sation after the 24-year-old Modesto, California, native was romantically linked with then-Rep. Gary Con- dit, a California Democrat who was ultimately ruled out as a suspect. Her remains were found in Washington's Rock Creek Park in 2002, and prosecu- tors argued her death fit a pattern of attacks Guan- dique committed on female joggers. He is now serving a 60-year sentence for her death, though he has main- tained he is innocent. The man at the center of Guandique's new trial re- quest, his former cellmate Armando Morales, is not schedu led to testify during this week's hear- ings. Mo- rales was a star witness at Guan- dique's trial, t e st if y in g Guandique confided in him that he was responsible for Levy's death. In a court document filed earlier this year in support of a new trial, however, Guan- dique's attorneys suggested Morales lied several times at trial, including testifying he had not asked for anything in exchange for his testi- mony when, in fact, they say he asked to be put in a wit- ness protection program. They also argued Mo- rales, a former California gang leader, testified at trial that he didn't know how to come forward with infor- mation to law enforcement. But they say Morales was an experienced cooperator who had provided informa- tion about his gang to law enforcement offcials and federal agents in the 1990s. New trial hearing starts in C ha nd ra L ev y ca se WASHINGTON INTERN DEBBIE NODA — THE ASSOCIATED PRESS FILE At the Modesto Centre Plaza in Modesto, photos of Chandra Levy are on display during a memorial service. Ingmar Guandique Friday,Nov.14th 9 a.m. to 3 p.m. TehamaDistrictFairgrounds FREE! •HATS • COATS • GLOVES • SCARVES • BLANKETS • COLD WEATHER CLOTHING Sponsored by the HELP US SPREAD THE WORD | NEWS | REDBLUFFDAILYNEWS.COM THURSDAY, NOVEMBER 13, 2014 4 B