(2019-0047-F Segment 1) Cermis gondola accident

The materials in FOIA 2019-0047-F are a selective body of documents responsive to the topic of the FOIA. Researchers should consult the archivist about related material. This FOIA case contains records related to the crash of a cable car on Alpe Cermis, near the Italian town of Cavalese. On February 3, 1998, a United States Marine Corps EA-6B Prowler on a low-altitude flight struck the support cables for a cable car lift. The subsequent crash of the cable car killed 20 people from 6 countries, including all 19 passengers and 1 operator. The aircraft was able to return to Aviano Air Base. President Clinton and U.S. Ambassador to Italy Thomas Foglietta immediately issued apologies and commitments to investigate the incident. Due to the NATO Status of Forces Agreement (SOFA) between the U.S. and Italy, the U.S. had jurisdiction for any prosecution of the service members involved in the accident. The pilot, Captain Richard Ashby, and his navigator, Captain Joseph Schweitzer were court-martialed on charges of involuntary manslaughter and negligent homicide. In March 1999, a jury acquitted Captain Ashby and the charges against Captain Schweitzer were dropped. This outraged the Italian public and further strained the diplomatic relationship between the U.S. and Italy. Captains Ashby and Schweitzer were then court-martialed again on charges of obstruction of justice and conduct unbecoming an officer and a gentleman for the destruction of the aircraft’s videotape. Both were found guilty and dismissed. Another source of strained U.S-Italian tensions was the compensation for the victims of the crash. In May 1999, the U.S. Congress rejected a bill to create a compensation fund. This further angered the Italian public. In December 1999, the Italian Parliament passed a monetary compensation plan for the families of those killed. The U.S. government, in accordance with NATO agreements, covered 75% of this compensation. White House Office of Records Management Subject Files contain correspondence dating to 1998 and 1999 that regards the report of the Tricarico-Prueher Bilateral Commission on the Cavalese Ski Gondola Incident, the Italian Parliament’s passage of the Cavalese Compensation Law, and the process of compensating victims in the Cavalese EA-6B accident. Most of the records processed for this FOIA case come from the National Security Council (NSC) staff and office files of Charles Allen and Mary Derosa in the office of the Legal Advisor, as well as Antony Blinken and Keirn Brown in the European Affairs directorate. These materials include email and physical correspondence, cables, press materials, and research materials on all aspects of the incident. The records especially focus on issues and legislation related to victims’ compensation, the court martials, and impact on the U.S.-Italian diplomatic relationship. In addition, there are records related to a bilateral commission headed by American Admiral Joseph Prueher and Italian Lieutenant General Leonard Tricarico operational and safety procedures in the aftermath of the incident, including copies of the final report. The collection also includes NSC Cables related to the Cavalese incident. These records, which primarily originate with the State Department and date from February 1998 through March 1999, focus on reactions to the incident and the court martial verdicts, as well as the impact on diplomatic relations. NSC Records Management packets were also processed in response to this FOIA case. They include correspondence with the attorney representing the 5 Belgian victims, with former Congressman Beryl Anthony regarding victim’s compensation, and with the mayor of the city of Bergstaedt – the home of the 7 German victims. The last NSC packet contains a March 1999 memo to National Security Advisor Samuel Berger that includes annotations in Berger’s handwriting.