CHARGES DISMISSED AGAINST DOCTOR WHO COMMENTED ON POOR AIRLINE BAGGAGE SECURITY POLICY
False terrorist hoax charges against Dr. Kenneth Goodrich, obstetrician-gynecologist, of Towanda, Pa., were dismissed on 2/15/2007 in relation to his comments about a poor airline baggage security policy during an incident at Hartsfield – Jackson International Airport on June 26, 2005. Dr. Goodrich’s comments included several key security words which initiated a zero tolerance security protocol which caused him to be arrested, jailed and indicted on terrorism charges. Goodrich mentioned several of the "10 words never to say in an airport" during a casual comment about airline baggage security.
TSA SECURITY ERRORS AND FAILURES
On June 26, 2005, GOODRICH, a medical doctor, was returning home on a flight out of Atlanta’s Hartsfield – Jackson International Airport. When he checked his bags at the curbside, the Red Cap mistakenly, gave him the boarding pass and baggage tags of Kenneth Gorski, another passenger on the same flight. Unaware of this error, and the fact that his flight reservations were actually for the following day, Dr. Goodrich, and his bags, passed through four TSA security checkpoints ( i.e.- identified as Kenneth Gors..). He was allowed to board the Atlantic Southeast Airlines (ASA) aircraft destined for Scranton, Pennsylvania. Airline officials discovered the boarding pass error, did not inform Dr. Goodrich of this error prior to asking him to deplane. Initially, Dr. Goodrich refused to exit the plane, but when officials explained the boarding pass error and the fact that his flight reservations were for the following day, he readily exited the plane. During the walk from the tarmac back into the airport terminal, and several times in the terminal, Dr. Goodrich asked for his bags to be returned to him. He explained that he had unfortunately packed his truck and home keys in his bag which he needed for the 11/2 hour drive home once he landed in Scranton. He was told by airline gate agents that he would not be able to have his bags returned because that would delay the plane’s departure. He was also told that the next available flight would be at 6 AM the following day. Dr. Goodrich was disappointed but accepted the fact that his trip would be delayed.
POOR BAGGAGE SECURITY POLICY
Routinely dealing with risk management issues within a hospital and medical practice, Dr. Goodrich questioned the airline policy. Analyzing the security issues with a bag involved in a TSA security identification failure being allowed to remain on a plane, and that bag not belonging to any passenger on that flight, Dr. Goodrich thought that this was a poor airline security policy.
As the airline ticket agent assisted him in acquiring a boarding pass for the next flight, Dr. Goodrich made a passing comment to the agent that it seemed to be a “poor policy to leave a bag on the plane that does not belong to any passenger on the plane” and a “bag involved in a security failure especially if you are concerned about terrorism, bombs and explosives.” The agent responded saying, “ Why did you have to say that, you have just taken things to a whole new level”. The agent reported to her supervisor, Dr. Goodrich was led to the employee lounge and within an hour was interrogated by FBI officials, charged with terrorism, hand-cuffed, transported to and jailed in the Atlanta Detention Center overnight. His bags were searched and no explosives, weapons or other banned items were found.
TERRORIST HOAX – FIRST CASE IN U.S. HISTORY
On June 27, 2005 Dr. Goodrich was indicted for terrorism by a federal judge, bond set at $25,000 and released on his own recognizance. On November 7, 2005 the charges were changed to a charge of False Information and Hoaxes ( a violation of 18 U.S.C. § 1038), in connection with a “false bomb threat” at Hartsfield-Jackson International Airport.
Dr. Goodrich became the first person in U. S. history to be indicted under this new 2005 federal “terrorist hoax law ”.
As with any federal indictment, Dr. Goodrich was assigned a parole officer whom he had to report to on a weekly basis; his home was inspected by the parole officer; two TSA air marshals were assigned to accompany Dr. Goodrich whenever he traveled on an airlines, and his phones, travel, computer activity, and financial transactions were closely monitored.
Negotiations between the Department of Justice and Dr. Goodrich’s attorney, Paul Kish, Esq. ( Kish & Leitz of Atlanta, Ga.) were concluded one week prior to the trial date. The parties agreed that all charges would be dropped after Dr. Goodrich served a specified amount of community service. He is actively providing service to the local and regional community by educating teenagers and sexually active individuals about the various types and risks of sexually transmitted diseases and other health-related issues.
SUMMARY
After the tragedy of the terrorists acts of 9/11 the United States Federal Government formed the Homeland Security Department to organize federal agencies to protect this country and its citizens against terrorism and terrorists acts. The Transportation Security Administration (TSA) was immediately formed after 9/11 and its mission is to ensure that the nation’s transportation system is safe and secure. Its employees oversee security for the highways, railroads, buses, mass transit systems, seaports and over 450 U.S. airports.
KEY WORDS INITIATE SECURITY PROTOCOL
All airport TSA employees and airline employees are trained to initiate a security protocol, alerting airport security officials and FBI agents, when suspicious behavior, conversations or statements containing “ key security words” or outright potential acts of terrorism are encountered or witnessed. Key Security Words include the following items: “guns, knives, weapons, firearms, explosives, blasting caps, bombs, dynamite, hand grenades, ammunition, incendiary agents , kidnap, ambush, highjack, kill, hurt passengers, hostages, terrorize, bioterrorism, crash, plane takeover.” A zero tolerance policy for speech exist in air travel with regards to these and other key security words.
Lower level TSA or airline employees are not taught, and not allowed to consider the context in which these words are used, they are essentially instructed to initiate a security protocol if any air passenger utters any of these key security words. Most air travelers are unaware of these key security words that initiate a security event. Most air travelers are also unaware of the zero tolerance security policy now in effect at U.S. airports and airlines regulating passenger identification, searching, speech, behavior, luggage and overall travel.
NO TERRORIST HOAX
Dr. Goodrich’s key security words initiated a security event when he commented on the “poor policy to leave a bag on the plane that does not belong to any passenger on the plane” and a “bag involved in a security failure especially if you are concerned about terrorism, bombs and explosives.” This comment was not an act of terrorism, not a terrorist hoax but merely an observation about a policy that did not fully protect and secure the safety of passengers traveling on that airline. This case represents how a zero tolerance policy for speech during air travel is initiated, operates and can go straight to a needless federal indictment.
ZERO TOLERANCE IN AIR TRAVEL
Zero Tolerance is a term describing a non-discretionary enforcement policy for criminal law or informal rules. “Under a system of zero tolerance, persons in positions of authority – who might otherwise exercise their discretion in making subjective judgments regarding the severity of a given offense - are instead compelled to impose a pre-determined punishment regardless of individual culpability or extenuating circumstances.”
( Wikepedia,2007) Penalties and punishment vary from country to country but include fixed penalty notices, being refused permission to fly, being banned from certain airlines and being arrested.
The zero tolerance policy in air travel works on many levels, especially in those areas most concerned with passenger safety and security. Examples are as follows:
ZERO TOLERANCE IN SPEECH IN AIRPORTS/AIRPLANES
Passengers, TSA or airline employees who speak or utilize key security words will initiate a preset security protocol with a predetermined punishment and outcome. Dr. Goodrich spoke key words which initiated a security protocol which led to a predetermined charge, arrest, jailing and indictment. The context or intent of speech is of no consequence in a zero tolerance security environment. You speak it …you suffer the consequences.
ZERO TOLERANCE FOR DISRUPTIVE, DRUNKEN, ROWDY, ANTI-SOCIAL BEHAVIOR
Passengers who behave badly, who are disruptive to the air crew or other passengers will be asked to leave the plane, will not be allowed to board a plane, or may be arrested. There are hundreds of accounts of drunken, rowdy, loud and obnoxious passengers who have been asked to leave planes, or not allowed to board a plane. These passengers pose a threat to the safety and security of other passengers and of the safe operations of the plane. Some of these disruptive passengers are arrested, jailed and prosecuted.
ZERO TOLERANCE FOR PROHIBITED ITEMS
The Transportation Security Administration (TSA) recognizes that most passengers who carry prohibited items do so without any ill intent. TSA does not impose fines on the vast number of passengers who inadvertently carry prohibited items. Items for which fines may be imposed include firearms, ammunition, explosives, and certain dangerous knives. Fines may also be imposed when passengers attempt to conceal prohibited items or behave in a “manner that is so uncooperative that it physically interferes with the screening process.” Recently, many politicians, government officials, athletes and entertainers have been fined and arrested for attempting to board planes with prohibited items ( i.e.-guns, knives, collapsible canes). “Senator, you cannot bring your concealed weapon aboard this plane.”
ZERO TOLERANCE FOR LUGGAGE
Passengers should follow the ever-changing luggage advisories posted on the TSA website at www.tsa.gov.
PASSENGER AIR TRAVEL SUGGESTIONS
1) Arrive at the airport early to avoid delays and avoid long security check-in lines, personal identification or security delays. Late passenger arrival and long security check-in lines delays have been tied to stressful behavior by passengers and subsequent disruptive anti-social behavior and speech. Be patient, respectful and courteous to TSA security check-in employees.
2) Never, never, never while in an airport or on a plane speak, utter or even whisper any key security words as : “guns, knives, weapons, firearms, explosives, blasting caps, bombs, dynamite, hand grenades, ammunition, incendiary agents , kidnap, ambush, highjack, kill, hurt passengers, hostages, terrorize, bioterrorism, crash, plane takeover.” These key security words will initiate a security event that may end in your arrest, being jailed and indicted for terrorism.
3) Always be polite, courteous and respectful to TSA and airline employees. Quietly obey any safety or behavior request they may have of you. Avoid any verbal confrontations with TSA, airline or airport employees.
4) Never behave in an abusive, disruptive, drunken, anti-social, or unsafe way
in the airport or on an airplane.
5) Avoid prohibited items in carry-on bags. Most prohibited items can be checked in luggage to be carried in the luggage compartment. Check www.tsa.gov for specific list of Permitted and Prohibited Items.
Prohibited Items:
Knives – except for plastic or round bladed butter knives
Sharp objects- box cutters, ice axes/ice picks, meat cleavers, razors, sabers, scissors, and swords
Sporting Goods-baseball bats; bow and arrows; cricket bats; golf clubs; hockey sticks; lacrosse sticks; pool cues; ski poles; spear guns.
Guns & Firearms – ammunition; BB guns; compressed air guns; firearms; flare guns; gun lighters; gun powder; parts of guns and firearms; pellet guns; starter guns; realistic replicas of firearms
Tools – axes and hatchets, cattle prods, crowbars, hammers, drills, saws, tools ( greater than 7 inches)
Martial Arts Items- Billy clubs, black jacks, brass knuckles, kubatons, mace/pepper spray, night sticks, nunchakus, stun guns/shocking devices, throwing stars
Explosive materials – blasting caps, dynamite, fireworks, flares, hand grenades, plastic explosives, realistic replicas of explosives
Flammable Items – aerosols, fuels, gasoline, gas torches, lighter fluid, torch lighters, Strike – anywhere matches, flammable liquid, gel, aerosol, flammable paints, turpentine, paint thinner, replicas of incendiaries
Disabling Chemicals & Other Dangerous Items – chlorine for pools, fire extinguishers, compressed gas cylinders, liquid bleach, spillable batteries, spray paint and tear gas
Other Items – gel – type candles, gel shoe inserts
ENJOY YOUR AIR TRAVEL AND REMEMBER THERE IS A
ZERO TOLERANCE POLICY IN EFFECT DURING ALL AIR TRAVEL IN U. S.
AIRPORTS. IF YOU “ SPEAK IT …DO IT…OR MAKE IT HAPPEN…YOU
SUFFER THE CONSEQUENCES.”
