By Julia Cheever
April 22, 2008
The pilot of a ship that spilled nearly 54,000 gallons of oil into San Francisco Bay in November was indicted today on two new federal charges of lying about his medications and medical conditions on U.S. Coast Guard forms.
Pilot John Cota, 60, of Petaluma, was previously accused of two federal misdemeanor charges of negligently discharging oil into the bay and causing the deaths of migratory birds.
The indictment by a federal grand jury in San Francisco incorporates those charges and adds two new felony counts accusing Cota of making false statements on annual physical examination reports to the Coast Guard in January 2006 and January 2007.
The indictment alleges Cota provided information that was “neither complete nor true” regarding his “current medications, the dosage, possible side effects and medical conditions for which the medications are taken.”
But the indictment does not say exactly what information was allegedly missing or incorrect.
Cota was piloting the Cosco Busan, a container ship on its way from the Port of Oakland to South Korea, when the ship struck a protective fender at the base of the Bay Bridge in heavy fog on Nov. 7. The collision opened a gash on the ship’s side that spilled nearly 54,000 gallons of heavy bunker fuel into the bay.
The oil killed more than 2,000 birds, polluted beaches throughout the Bay Area and damaged the local fishing industry. The U.S. Coast Guard has estimated cleanup costs at more than $60 million.
No date has been set for Cota to appear in court on the new charges, but his lawyer, Jeff Bornstein, said he expected an arraignment to take place sometime next week.
Bornstein called the new charges “spurious and irrelevant” and said “they bear no relevance whatsoever to the causes or consequences of the Cosco Busan oil spill.”
Bornstein said Cota made “a good faith effort to comply with the Coast Guard’s requirements” by telling the doctor who prepared the reports about his prescription drugs and medical data. The attorney said that if the Coast Guard had any questions, officials should have contacted Cota or his doctor.
“It is wrong to hold this against him and to say that he intentionally lied when he tried to comply,” the attorney said.
Pilots are required to submit the annual physical examination reports to the Coast Guard to maintain their pilot’s licenses.
Bornstein said tests administered two hours after the accident showed that Cota was not under the influence of drugs or alcohol.
He called the collision and spill “an unfortunate accident caused by many factors and individuals, many beyond Captain Cota’s control.”
The two new felony counts of making false statements each carry a possible sentence of up to five years in prison if Cota is convicted.
The misdemeanor charges of violating the U.S. Clean Water Act and U.S. Migratory Bird Treaty Act carry lesser penalties of up to one year in prison and six months in prison respectively.
A judge would consider federal sentencing guidelines before setting a penalty, however, if Cota is convicted.
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