Maine news, sports, weather from Portland Press Herald / Maine Sunday Telegram, Portland, Maine

Man charged in flight assault waives first hearing

TREVOR MAXWELL

— By

Staff Writer

A Portland man who is charged in federal court with assaulting a flight attendant earlier this month has waived his right to a probable-cause hearing as his attorney and an assistant U.S. attorney negotiate a resolution to the case.

Jeffrey Skeggs, 57, allegedly hit a female attendant in the face after she asked him to sit down during the last minutes of a Dec. 4 flight from Newark to the Portland International Jetport. Skeggs denies striking the woman. In court documents, he says he simply waved his hand at Catherine Lopez after she asked him to return to his seat.

Skeggs was scheduled to appear in court today for a probable-cause hearing, at which the government would have had to present sufficient evidence to convince the judge that the case should proceed. But Skeggs' attorney, Richard Berne, said the hearing was canceled.

''We have agreed to waive the hearing so that both parties can take a careful look at the circumstances surrounding the incident,'' Berne said Monday.

Berne would not comment on what type of resolution he was seeking with Assistant U.S. Attorney Jonathan Chapman.

During the early stages of criminal cases in federal court, possibilities for agreements include a plea bargain, a dismissal or a deferred prosecution, where the government agrees to put off prosecution for a specified period of time. If the defendant meets the conditions of the agreement -- for example, if he is not charged or convicted of other crimes during a year -- the charges are dropped.

Interference with a flight crew is a felony that's punishable by up to 20 years in prison and a fine of up to $250,000.

Skeggs was a passenger on Continental Express Airlines Flight 3294 on Dec. 4, according to an affidavit filed by James Lechner, an FBI special agent stationed in Portland.

Around 6:45 p.m., as the plane was making its approach to the Portland International Jetport, Skeggs got up from his seat, apparently to use the restroom. One of the flight attendants used the intercom to instruct Skeggs to return to his seat. Another flight attendant, Catherine Lopez, unbuckled herself and walked down the aisle toward Skeggs.

''She put up her hands and instructed Skeggs to sit down,'' Lechner wrote in the affidavit.

Lopez said Skeggs became angry then ''took a swipe'' at her and missed. Skeggs allegedly turned toward the rear of the plane, then turned back and swiped again at the attendant, again missing. Finally, after one more turn back, Skeggs allegedly turned around and struck Lopez in the nose, lip and chin with his open hand.

''Although she was not hurt during the incident, she was left 'in shock,' '' Lechner wrote.

Skeggs was detained at the Portland Police Department substation at the jetport, and he made an initial appearance in court on Dec. 5, after spending the night at the Cumberland County Jail. Skeggs was released on personal recognizance.

Skeggs made a handwritten statement during his detention. He said he had to use the restroom, but was forced to wait because many passengers were ahead of him. Skeggs said he got to within a few feet of the restroom when an attendant told him to sit down. He said he couldn't understand her because of the noise of the propellers and because of her accent.

''I held my hand up, waved, said 'OK' and returned to my seat and sat down,'' Skeggs wrote. ''I said nothing else and I certainly never touched the attendant. I am sorry for any misunderstanding.''

Interference with a flight crew is a felony charge rarely seen in Maine's two federal courts.

The Skeggs case is only the second of its kind since 1998 at the Portland court. It is more often seen at the court in Bangor, which has handled six cases of air-crew interference in the past decade. Planes bound for the United States from Europe are sometimes diverted to Bangor because it is the first option for incoming flights.

Staff Writer Trevor Maxwell can be contacted at 791-6451 or at:

tmaxwell@pressherald.com