A father’s quest for justice after a devastating tragedy (Part 2/2) | Forensic Files

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for [Music] our episodes deal with serious and often distressing incidents if you feel at
anytime you need support please contact your local crisis center for suggested phone numbers for confidential support
please see the show notes for this episode on your app or on our website in the early hours of July 2 2002 46
year-old Vitaly Kahlua sat alone in the arrival lounge of Barcelona's El Prat International Airport keeping an eye on
the flight information board that displayed the schedule of all inbound flights listed amongst them was bash
carrying Airlines flight PTC to 937 which had been due to arrive from Moscow more than an hour ago
the word delayed had since been noted alongside Vitaly had inquired about the delay to airport staff at an information
desk but they offered him no explanation with no other option but to enjoy the wait
vitaly purchased a third coffee returned to his seat and continued his dutiful watch of the information board
over the following minutes the half-empty room began to fill with people reporters into news crews quickly
gathered around the information desk pointing cameras microphones and voice recorders at airport staff bombarding
them with a flurry of questions that vitaly couldn't quite make out one reporter noticed the Fatali
curiously watching the scene unfold she rushed to him holding out a microphone as a cameraman trailed behind the
reporter asked Vitaly if he was waiting for a flight to arrive from Moscow when he answered yes the reporter
offered her condolences confused Vitaly asked the wire the reporter replied they
didn't tell you [Music] Vitaliy Kahlua was the lead architect overseeing the construction of a mansion
in planus a coastal town approximately 70 kilometers north of Barcelona in his hometown of vladikavkaz in southeast
Russia vitaly had designed and helped construct 100 homes including his own spacious
three-story red brick house near the snow-capped Calcasieu fountains due to his many architectural accomplishments
vitaly had been specifically requested for the development project in spain vitaly strong work ethic coupled with
the pride he took in his creations made him a highly sought-after addition to any upcoming development project yet by
the 2000s he had experienced several career setbacks whilst on a work site vitaly fell into a pit and broke his leg
forcing him to take time off work and forgo several projects a lengthy recovery resulted in the default of his
construction company leaving him with no job and too little income once he's awake healed the ever industrious vitaly
began searching for any opportunity to get straight back into the work he loved when he received a job offer to help
build a mansion for a wealthy Russian in Spain vitaly gratefully accepted although it was a fantastic opportunity
it wasn't an easy decision by taking the two-year contract Vitali had to relocate to Spain leaving
his family behind in Russia the following years were filled with long bouts of homesickness into melancholy
eased only by daily phone calls home it brought Vitaly immense joy hearing the voices of his wife 44 year old Svetlana
into their two young children 10 year old son Konstantin and 4 year old daughter
Deanna swetlana was supportive of her husband's career endeavors as she too was ambitious and dedicated to her job
as the department supervisor for a large bank it was their commitment to work that
initially brought the couple together as Vitaly in swetlana attended the same business meetings Vitali was there on
behalf of his construction company whereas swetlana attended on behalf of the bank during these meetings swetlana
carried herself with her trademark prim professionalism yet Vitaly caught glimpses of her coy sense of humor
smitten he asked her on a date and to the pair headed to the cinema during their first date Vitaly and Svetlana
both knew that were made for each other they married the following year and in 1991 a few months into their marriage
the newlyweds welcomed to their firstborn a son they named Constantine Constantine grew up into an energetic
fearless boy who enjoyed freestyle wrestling whilst also harboring a quiet contemplative saw it with an avid
interest in computer games chess and astrology konstantin begged his parents for a
telescope which vitaly promised to buy him once his work in spain was complete before her second pregnancy swetlana
visited her local church and prayed for a daughter in 1998 her prayers were answered when she gave birth to Diana
[Music] when vitaly spanish contract reached its conclusion in mid-2002 he invited his
family to join him in Spain for a month-long holiday although he missed his homeland and was looking forward to
returning to Russia he wanted swetlana Konstantin and Diana to see the Spanish coast and experienced the ocean for the
first time in their lives in the weeks leading up to his family's arrival vitaly thought about where he could take
them swetlana would love strolling through the stunning Botanical Gardens of Marin Matra and planners ten-year-old
Konstantin loved dinosaurs enter Vitaly knew his boy would be in awe of the life-sized two models at the
paleontological museum as for his youngest four-year-old Deana whom vitaly referred to as his princess
it wasn't a place she wanted to see but a person her father Deanna had memorized vitaly z' mobile
phone number and call him daily keeping him on the phone for hours as she relayed all the happenings at home when
she ran out of news she would sing or recite kindergarten poems the last time the father and daughter saw each other
was when vitaly made a brief is at home when he was due to return to spain deanna tightly grabbed onto his clothes
begging her father to take her with him by the time the kalua family had obtained - their visas for spain the
initial flights they hoped the book were already sold out July was the beginning of the summer
holidays and Spain was a popular and affordable tourist destination for Russian nationals around noon on Monday
July 1 2002 swetlana received a phone call from her travel agent with good news an unscheduled charter flight to
Barcelona had been organized the last minute for that evening and two there were still seats available just three
hours before it was due to depart from Moscow swetlana purchased three tickets for herself konstantin indiana on bass
Korean Airlines flight PTC to 937 after quickly packing their suitcases the trio rush to domitor Dovo Airport to
embark their long-awaited journey to be reunited with vitaly hours later as vitaly kahlúa figure lee awaited the
arrival of his family and el prat airport he received the devastating news bash Korean Airlines flight PTC to 937
had collided with a cargo jet in the skies over Lake Constance in southern Germany desperate to find out whether
his family were okay Vitaly took the next available flight to Zurich in Switzerland which was less than a
two-hour drive away from Lake Constance the three-hour flight fell dent was overwhelmed by the uncertain fate of his
family vitaly struggled to stay still constantly standing - paced nervously up and down the cabin in an attempt to
remain calm vitaly reassured himself that reports of the incident were likely exaggerated and that his wife and
children were probably fine upon his arrival to Zurich International Airport vitaly took a cab across the border into
southern germany heading straight to the scene of the crash by the time he was driving towards over him ten hours had
passed since the mid-air catastrophe vitaly noticed the sky getting progressively darker and the smell of
smoke becoming stronger closer to the township the cab driver began cautiously navigating around a
large fragments of metal scattered across the roadways as police officers searched the monster debris flagging
human remains although civilians and relatives of those aboard the flight were not
encouraged to participate in the search for bodies vitaly couldn't help himself convincing the police officers in charge
of the crash site to let him look for his family rows of apple tree saplings led to the passenger cabin of the best
korean airlines trooper life aircraft which lay on its side torn wide open with the force of impact flattening the
tubular structure to about half its original size rescue workers entered the wreckage to retrieve the remains of the
passengers inside which vitaly would come to learn firsthand were mostly children as the cabin was emptied
swetlana konstantin indiana were nowhere to be seen the following morning the daughter of a
farmer who lived 3 kilometres from roving and was driving cows to pasture as she led them into a meadow alongside
a fruit orchard she spotted something through a low wooden fence resting under a tree was the body of a young girl
wearing a pink dress at the crash site headquarters in auvinen vitaly kahlúa was handed a collection of photographs
of the victims who had so far been recovered from the site the desperate father was immediately struck by the
third image of a little brown haired girl wearing a pink dress Vitali burst into tears and exclaimed
dianna my Dianna due to the tupelov's breakup in midair 40 passengers were expelled from the
cabin during descent their bodies later discovered throughout fields and meadows
by horrified farmers a large leafy auditory broke four year old at Fiona's for keeping her body intact and a
relatively undamaged her saw it from scratches and bruises caused by the branches vitaly later visited the site
where Deanna was recovered and spotted a pearl necklace under the order tree recognizing it as a gift he had given
his daughter the year prior his chain had snapped scattering the white beads everywhere Vitaly ran his hands through
the grass managing to recover aid of the beads which he folded into his handkerchief before placing them in his
left breast pocket with the promise to carry them always the remains of ten year old Constantin were located on a
rural road in front of a bus stop when Vitaly saw his son's body at the morgue he began beating his head against the
wall until he drew blood causing worried staff to rush out and summon a police officer fearful that the grieving father
was trying to kill himself days later the third and final heartbreak came when Batali's wife swetlana was found in a
cornfield Vitaly escorted the coffins carrying Svetlana Konstantin and Deanna back home to vladikavkaz in Russia where
he was greeted by crowds of grieving family friends and supporters from the local community over the following three
days the coffins were displayed at the kalua homestead and visited by a procession of mourners so immense that
several surrounding streets had to be blocked off to control the crowds on the third day a funeral was held as
swetlana and her two children were laid to rest together in the cemetery in their
hometown their shared headstone featured a black-and-white image of the trio in their home garden swetlana holding a
bunch of flowers with constantine indiana happily by her side after the service vitaly spoke about his
immense loss saying I cannot live anymore I simply cannot exist in the weeks following the funeral of his wife and
children the Tally's life slipped by marked by little more than daily visits to the cemetery he constantly dressed in
black refused to shave and stopped working grief induced distress caused his hair
to gray making him appear older than his 46 years the columns three-story mansion
felt cold and empty the unnatural silence inside unbearable for a long time Vitali could not bring himself to
go up to the second and third floors where his wife and children's bedrooms were located
instead sleeping on a couch in the kitchen downstairs when he eventually headed upstairs he turned one room into
a shrine for swetlana Konstantin and Deana placing their beds inside and covering H
in photos and mementos on his wife's bed he displayed her favorite scents and sweets while his sons featured a
chessboard various toys and encyclopedias his daughter's crib held her drawings toys and clothing as well
as her favorite doll Vitali was convinced the ghosts of his family haunted him at night when he managed to
fall asleep he was plagued by nightmares of his children falling from the sky calling out for their papa each time
Vitali would wake abruptly rushed to the cemetery in the early morning darkness and collapse at Constantine and Diana's
grave to tell them reassuringly I'm here Papa has come on the one-year anniversary of the ruling and mid-air
collision a memorial service was held in auvinen where an almost unrecognizable vitaly Kaleo stood amongst the crowd of
mourners still dressed in black his gaunt tired face was now framed by a long unkempt beard also in attendance
were sky guide officials distraught and seeking an explanation for the collision
Vitaly kahlúa confronted Allen rosier the chief executive of sky guard he grabbed Rossier by the shoulder forcibly
turned him around and showed him photographs of Constantine and Diana Lane in their coffins Gracias bodyguard
attempted to push vitaly away causing the grieving father to remark you killed my children and you do not want to talk
to me the altercation garnered the attention of the media attending the event in an
attempt to defuse the situation Allen Rossier pleaded to Vitali not to make a scene and invited him to visit
sky guides office the following day to open dialog and answer his questions when rocío began to walk away Vitali
followed asking when sky God planned to publicly name the anonymous air traffic controller whose actions allegedly led
to the collision he asked several times do you think the air controller is to blame
Razia did not respond the following day Vitaly arrived to sky guides corporate office for his meeting with Alan rosier
where he was told the air traffic controller on duty the night of the collision was on vacation and would not
be in attendance irritated Vitaly accused the sky guard of intentionally hiding the controller
so he wouldn't be able to release information that proved the company's fold in the collision ensuring they
avoided any financial repercussions as the controller still worked for sky guard
Vitaly felt the company continued to employ him to ensure his silence Razia denied to these allegations
telling Vitaly to remain patient and await the results of the crash investigation
Razia also remained steadfast in his refusal to accept a guilt or apologize on behalf of sky guide three-and-a-half
months after this meeting Vitaly received a letter from Sky Guides lawyers offering a compensation payment
of 60,000 Wis francs for the death of svetlana and 50,000 for the deaths of Konstantin and Deanna in exchange Vitaly
had to agree not to hold the company liable furious the sky God put a price on his loss Vitaly refused the offer
believing that by accepting the payout he was expected to forget his family and give up hope of holding someone
accountable for their deaths his attempts to meet with Alan Gracia to discuss the offer in person were futile
sky guides lawyers informed to Fatali that the executive would no longer be meeting with relatives of the victims of
the disaster Vitaly made it clear that he wasn't interested in money all he wanted was for someone to accept
responsibility for the tragedy and apologize for the loss of his family in his culture this was considered the
minimum courtesy one would expect but the apology didn't come determined to find someone who would take
responsibility for the tragedy Vitali hired a private investigator from Moscow to track down the sky guard air traffic
control are on duty the night of the billing and mid-air collision two months later in February 2004 the private
investigator handed Vitali kahlúa of an envelope that contained pictures of the air traffic controller along with photos
of his wife and children his current address in Switzerland and his full name Peter Nielsen Vitaly told the
investigator that he planned on giving this information to the media who he felt had forgotten about the collision
he believed their interest would be reignited if they learned the true identity of the air traffic controller
yet Vitaly did not give the photographs to the press instead he found a swiss-based travel agency and asked them
to book him into a hotel room close to Zurich International Airport on Saturday February 21 2004 Vitaly arrived in
Switzerland and checked in to the welcome in her hotel situated in the suburb of cloten
according to hotel staff there russian guests kept to himself and 2-digit little to attract their attention that
breakfast he satin ate alone before spending most of the day in his room emerging occasionally to head out into
town stuck watch as he flicked through travel brochures offering tours of the city and died maps of the local area the
hotel's manager recalled he seemed to like any other tourists on the evening of Tuesday February 24
2004 her cloten resident looked out their window and noticed the disheveled looking man dressed in black loitering
in the street the resident watched as the man inhaled a cigarette before tossing it to the ground and crushing it
with his shoe he then approached the pink washed building of a nearby unit and knocked on the first door he came
across the female occupant pulled back a curtain and died the stranger as a friendly smile emerged from behind his
unruly overgrown beard the woman opened her door slightly asking if he was looking for someone good evening the man
responded in a thick Eastern European accent before handing over a piece of paper with the name Peter Nielsen
written on it along with the address for the unit next door the woman nodded and
pointed towards the property by the time the police were called and arrived to the area some 15 minutes later it was
too late Peter Nielsen had bled to death from multiple stab wounds to his chest abdomen and throat neighbors as well as
Peter's wife Mehta provided detectives with a detailed description of the perpetrator a burly bearded man aged in
his forties or fifties with graying hair wearing dark clothing with a long coat who spoke with a Russian accent a search
of the area led to the discovery of a 22 centimeter long folding knife which had
been discarded in the snow near the Nielsen's residence testing revealed its blade contained traces of Peter Nelson's
blood confirming it to be the murder weapon several unidentified fingerprints were
also located on the handle after years of being suppressed Peter Nelson's name was finally
published by the press not only was he identified as a victim of murder but also as the air traffic control are
under investigation for the 2002 uber Ling and mid-air collision as such a link between the two incidents was
immediately drawn by police who strongly suspected the killer may have been motivated by revenge
keeping their assumptions under wraps law enforcement declined to identify their suspect or release his nationality
to the media making their own inquiries reporters spoke with Peters neighbors who confirm to the alleged killer to be
a Russian man the media also caught wind that Swiss border police had been put on
high alert indicating there was a genuine concern that killer might flee the country this added fuel to
presumptions the killer was indeed a Russian national entered the murder an act of revenge for the you billing and
mid-air collision as police searched for Peter Nelson's killer global media speculated as to who it might be
initial suspicions were spotlighted on Alexander Sark his wife and two children had perished aboard bosch Korean
Airlines flight PTC to 937 as part of the UFO school trip the monumental scale of his loss indicated Alexander fit the
profile of someone likely to seek revenge against Peter Nelson to dispel rumors Alexander appeared on Russian television
to establish he was not in Switzerland at the time of Peters murder and to publicly condemn the killing of the
former air controller the hunt to find the suspect led police to look beyond the relatives of the u4 school group
they discovered another Russian man had also lost everything in the u billing and mid-air collision Vitaly Koloff
whose physical appearance matched witness descriptions of the alleged killer inquiries led to the discovery
that a week before the killing Vitaly had obtained a tourist visa for Switzerland with airline records
confirming he flew into Zurich on February 21 three days before the crime and had yet to return to Russia
vitaliy Kahlua became the prime suspect with the Modi for killing Peter Nielsen presumed to be an unprecedented case of
deliberate revenge by a grief-stricken man with nothing left to lose one tabloid read in the catastrophe over
Lake Constance Vitaly koloff's entire family perished his wife and two children it can be assumed that without
waiting for the results of the investigation this man decided to take justice into his own hands
moreover in Russia where Vitaly Kahlua comes from blood feuds are widespread use of Vitaly Goliath was possible
involvement in Peter Nelson's murder came as little surprise to those who knew him vitaly x' brother Yuri told
Russian reporters that his brother had disappeared a week ago without telling anyone where he was going and his
sister-in-law margarita further explained Vitaly suffered everything alone and after two years he was in such
a state that I would not be surprised if he would behave irrationally put yourself in his place to lose all your
family in a minute at 5:00 p.m. on Wednesday February 25 the day after Peter Nelson's murder five plainclothes
police officers arrived to the welcome in hotel having been informed by a local travel agency their prime suspect was a
current guest hotel staff directed the officers to room three one six and upon entry
they found Vitaly kahlúa of asleep on the bed his packed suitcase nearby the officers surrounded the end of the bed
as one shook of attalos leg when he awoke he smiled and asked what took so long Vitaly was immediately placed under
arrest for the murder of Peter Nielsen and escorted to Zurich Police Headquarters where he was taken into an
interrogation room for questioning in the presence of Swiss detective said the translator vitaly was asked if he
knew the name Peter Nielsen his response was yes that is the killer of my children he initially denied involvement
in Peters murder claiming here is at the hotel bar at the time of the killing he
insisted he was only in Zurich for a brief stop whilst in transit to Spain as he wanted to visit a local priest who
had supported him at the oving and crash site in 2002 to thank him with a gift unconvinced detectives treated Vitale's
hands with a solution which revealed the presence of blood staining a forensic investigation of the Tally's room at the
welcome in also revealed traces of Peter Nelson's blood in the bathroom witnesses
including Peter's wife Metta positively identified Vitaly as the men responsible
for the murder furthermore the fingerprints found on the handle of the murder weapon matched
Vitaly 'z but this discovery Vitaly admitted to owning the weapon explaining that all Russian men carried knives on
them at all times in case they came across a task that required the use of one yet he conceded to purchasing the
knife in question in Zurich with evidence mounting against him Vitaly finally admitted to confronting Peter
outside his home on the evening of February 24 however he stopped short of confessing to the murder maintaining he
couldn't remember the events that followed the confrontation only that he had lost control and had probably killed
Peter Vitaly insisted his intention in hiring a private investigator to obtain Peter Nelson's personal information was
to finally expose the air traffic controllers identity to the public in the end he decided to meet Peter
before going to the press believing a conversation with a man might change his attitude doctors determined Vitali was
at a higher risk of suicide and he was transferred from police custody to a psychiatric clinic during the day Vitali
was allowed out of his room to socialize with other patients in the clinic's common area to pass the time he would
watch others play backgammon in chess but would never participate himself one day her doctor challenged - Fatali to a
game of chess and he accepted Vitali won 12 games against the doctor earning him
the nickname of Grandmaster and confirming he was not only mentally sarod and stable but incredibly
intelligent as doctors determined whether Vitali was fit to stand trial for Peter Nelson's murder the
investigation into the 2002 uber Ling and mid-air collision was finally completed in May 2004 22 months after
the catastrophe and three months after the murder of Peter Nielsen the German Federal Bureau of aircraft accidents
investigation released their full report heads timing led many to believe their languishing investigation was spurred by
the former controllers death the bureau denied this allegation maintaining that the delay in their findings was due to
officials being tied up with other investigations the comprehensive 114 page investigation report they tailed
all aspects of the crash from the aircraft's and crews involved to sky guard and to the inner workings of their air
traffic control through conducting tests research analysis interviews and collecting evidence the report revealed
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July 1 2002 Peter Nelson reported in for work at sky guides area control center in Zurich International Airport due to
the reduction of air traffic at night sky guide felt it necessary to only have two air traffic controllers on night
duty Peter Nelson and his fellow nightshift colleague were seated several feet apart at separate workstations
dutifully observing their radar screens typical of the late shift Swiss airspace was relatively empty with
only a few aircrafts passing through with such little going on Peters colleague decided to take a lengthy
break which was a mutually accepted practice between colleagues tolerated the sky guide of management at 9:00 p.m.
paid his colleague headed to the staff lounge to take a nap an act that would normally see him return to the control
room in the early hours of the morning approximately ten minutes later to sky guide authorized the technicians stop by
Peters workstation to inform him that would be carrying out maintenance work on the control towers main radar
equipment a task that would take approximately six hours and would require the main telephone system to be
shut down such intrusive maintenance work though uncommon was necessary to ensure
everything in the control tower was in constant working order upkeep occurred mostly at night as such disruptions
would wreak havoc during the busy day shift Peter could do little else but accept the inconvenience at 9:25 p.m.
Peter received radio communications from the cockpit crew of arrow Lloyd flight AAF 1 135 which was coming into land at
the Friedrichshafen Airport a German city on the northern shoreline of Lake Constance the flight had been scheduled
to land earlier but unexpected delays meant it was now running late and to the crew were eager to return to ground to
monitor this aircraft Peter moved away from his own radar screen and went to his colleagues
unnamed work station where he switched the screen to display airspace over Friedrichshafen Airport
Friedrich Sutton's runways were closed at night meaning Peter needed the phone the airport to obtain clearance for the
aircraft to land there outside operating hours however due to the ongoing maintenance work occurring at sky God's
control tower Peter's phone was temporarily out of order and he was unable to make the call suddenly Peter
received radio communications from a new aircraft entering Swiss air space Captain Alexander Cross piloting vast
Korean Airlines flight PTC to 937 radioed sky guides area control center identifying his aircraft and detailing
their flight altitude at 36,000 feet just as Peter returned to his own work station to acknowledge the best Korean
Airlines flight he was immediately interrupted by the arrow lloyd crew determined to land they had started
their final approach into Friedrichshafen this was a problem Peter hadn't made contact with the airport so
the plane didn't yet have clearance to land air traffic controllers are used to juggling multiple flights at once but
with the added pressure of working alone the deficient phones and having to physically move between two radar
screens peter was quickly becoming overwhelmed he focused on what he deemed the most urgent task ensuring the safe
landing of the arrow lloyd aircraft over the following minutes peter attempted to
call Friedrichshafen Airport twice but to no avail his phone line was still down
Peter radioed through to the arrow Lloyd cockpit and explained that he had no phone connection and requested the crew
contact the airport directly the pilot replied okay we'll dude meanwhile at Karlsruhe
airport in south western germany an air traffic controller spotted danger on their radar screen two aircrafts were
approaching the germany switzerland border both cruising at 36,000 feet one was northbound the other moving
westerly within minutes the flight pilots of bosch Korean Airlines flight PTC to 937 and a DHL cargo flight dhx
61:1 would intercept over Lake Constance resulting in a collision as this particular section of airspace was under
sky guides jurisdiction international air traffic rules prevented the controller at Karlsruhe Airport from
directly communicating with either of the aircraft's pilots instead the katralla phoned sky guides area control
center in Zurich to warn them of the impending crisis but they couldn't get through sky guides phones were still
down inside sky glides area control center Peter Nielsen having dealt with the arrow lloyd flight returned to his radar
screen he immediately noticed that flights BTCC to 937 and to D hey check 6 1 1 were rapidly approaching the same
location over southern Germany both flying at the same altitude realizing they were on a collision course
Peter radioed through to the trooper Lloyd Cochran ordering captain Alexander grouse to descend he had no idea that
the trooper lives in built traffic collision avoidance system was in the process of rectifying the critical
situation and had instructed captain cross to assent Peter repeated his demand to expedite descent unaware his
orders were actually directing the tupolev towards him inant collision he clarified to the crew that the other
aircraft was in the trooper lives 2 o'clock position when in actuality the Boeing was in the ten o'clock position
it was accepted that this situational error was a result of Peter becoming confused during the stressful situation
captain cross initiated descent has instructed by Peter relieved he had averted the crisis Peter had little time
to settle he was snapped back to attention by the arrow Lloyd a cockpit crew who radioed
in with confirmation they had made contact with Friedrichshafen Airport and had received permission to land
Peter moved away from his workstation to his colleagues radar screen to monitor the landing around half a minute later
and 9:36 p.m. Peter returned to his radar screen and witnessed the blips of flight BTCC to 937 and 2d hey check 6 1
1 suddenly disappeared he attempted to reestablish radio communications with the troubalert cockpit crew but it was
too late the report handed down by the Bureau concluded the 2002 new billing and
mid-air collision was largely due to two major causes firstly Peter Nielsen was not quick enough in noticing the danger
of the collision secondly the trooper left crew made an error by obeying him and should have followed the commands
provided by their TK's equipment instead despite these findings the report determined Peter Nielsen was not
responsible for the collision it was severely critical towards sky guide faulting the air navigation company for
allowing an air traffic controller to work alone into committing employees to take long breaks despite such behavior
being against regulations although sky glide management had informed Peter of the scheduled
maintenance work he was unaware of the detrimental impact it would have on the towers technical equipment aside from
the phone lines being shut down the radar software was also placed in a restricted mode causing the system to
work slower than usual given this delay it was highly likely Peter didn't fully understand the urgency of the situation
as it was unfolding this was indicated in the statements he provided immediately following the crash he told
investigators that he ordered the tupolev to descend two minutes before collision when in reality the order was
given just 43 seconds prior furthermore the issues that arose from the maintenance work meant Peter spent more
time than anticipated coordinating the air Buster's delayed arrival to Friedrichshafen Airport
they also impacted the warning calls from Karlsruhe Airport about the impending collision in addition there
were only two radio frequencies available to Peter Nelson's workstation one was taken up by the Airbus and to
the other by the tupolev meaning transmissions from other flight crews were unable to get through
this meant he did not receive the radioed messages sent by captain paul phillips aboard at the DHL boeing cargo
jet in which the pilot explicitly reported his aircraft's traffic collision avoidance system had ordered
him to descend had peda heard of these messages and was aware of the Boeing's descent he would never have ordered the
trooper lev to carry out the same action another fact that working against Peter
was that the ground-based optical collision warning system which provides an early alert to controllers when
collisions are imminent had also been switched off for maintenance in conclusion the report emphasized that
individuals such as Peter Nielsen Captain Alexander gross and captain Paul Phillips were not at fault for the
collision and were inconsequential to the poor organization communication and management conducted by sky guard
following publication of the bureau's report a critical live was also placed on the International Civil Aviation
Organization when it was revealed that a year and a half prior to the u billing and mid-air collision a similar incident
almost occurred in airspace over Japan on January 31 2001 the flight paths of two Japan Airlines airliners crossed
near the coastal city of Yazoo an air traffic controller noticed the imminent danger but in circumstances that bore a
chilling resemblance to the u billing and mid-air collision gave orders that were in conflict with the aircraft's
traffic collision avoidance system luckily one of the pilots made a visual contact with the other airliner and made
a snap judgment to go against to the instructions of the air traffic controller proceeding to conduct an
evasive maneuver the two aircrafts missed each other by même meters with around 100 crew members and passengers
sustaining injuries in the process some of them serious this was not the only incident reported
to the International Civil Aviation Organization in the two years leading up to the u billing and mid-air collision
for similar near-miss incidents involving pilots mistakenly obeying air traffic control instead of their T case
equipment had occurred in Europe alone the Japanese government appealed for international aviation authorities to
implement measures to prevent such incidents from occurring in the future sensing the situation was a disaster
waiting to happen but their request was initially met with silence the International Civil Aviation
Organization only chose to act after the fatal billing and mid-air collision Japanese officials later stated the
International Civil Aviation Organization did not feel it was necessary to get involved with this and
that they left it entirely up to the Japanese authorities had it been a collision maybe they would have gotten
involved if they carried out a detailed investigation of the incident in Japan and made recommendations that led to
changes in procedures the u billing and mid-air collision probably would not have happened following the revelation
that Peter Nielsen was not personally responsible for the e billing and mid-air collision the true senselessness
of his death became clear for hours candles and the messages of condolence started to appear around the Nielsen
homestead the former public enemy now a victim of circumstance a colleague of Peters remarked it was
just the saddest thing you can imagine on you he's family I knew how much he loved his kids and wife
the bureau's report had no impact on Vitaly colloids circumstances who was formally charged with the premeditated
killing of Peter Nielsen a crime under swiss law which was positioned between murder and manslaughter supporters
rallied throughout Russia on behalf of Attali bearing science with the slogan freedom to Kalev the crowds included
relatives of the youth for schoolchildren who firmly believed sky-god shortcomings
caused the chain of tragic events leading to Peter Nelson's murder and thus Swiss authorities should be
pursuing the company interviewing vitaly x' actions with sympathy the trial for the premeditated killing of Peter
Nielsen began on October 25 2005 Natali Kalev took the stand where he explained to the court that the you bullying and
mid-air collision ended his life crushed by the overwhelming loss of his family Vitaly stated I have been living in the
cemetery for almost two years sitting behind their graves Vitaly presented the contractual agreement he received from
Sky Guides lawyers dated November 11 2003 in which the company offered him monetary compensation for the deaths of
swetlana Konstantin and Deana in return for not pursuing legal action against the
company vitaliy explained he was infuriated over sky gods initiative to haggle over his
dead family admitting to the court that he flew into a rage after receiving the letter smashing the furniture in his
home quote how else should I react to the offer to sell my children they demanded that I'll give up my family
this was an attempt to solve the financial problems of the company had the expense of my dead children they did
not just want to pay me off they wanted me to give up all the claims to all possible culprits of the disaster so
that they themselves could make claims to them vitaliy explained he never wanted the caused physical suffering to
anybody and only ever sought an apology from the head of sky guard chief executive Alan Rozier whom Vitali called
the main culprit of the air crash when Rossiya denied avatara's request for an apology Vitali sought out the next
person in the chain of blame Peter Nielsen Vitali walked through the days leading up to his confrontation
with Peter upon arriving to Zurich Vitali left his hotel room and purchased the knife from a nearby supermarket he
then set out on the half hour walk to the nielsen suburban flat where he waited nearby until he laid eyes on
Peter for the first time over the following days he stalked the former air-traffic controller to the bus stop
and watched as the father of three walked his children around a pond near his home Vitali hoped to see a hint of
sorrow or conscience something that would make him change his mind but saw nothing of the sort
on the evening of February 24 Vitali took a seat on a garden chair near the Nielsen's patio
Peter emerged from the house and questioned who Vitali was to which he responded I am Russia
vitaly opened the envelope he had brought with him which contained graphic images of his children's bodies
distressed Peter asked the grieving father what do you want from me pushing the photos into Peters chest
Vitaly responded he thought you could do this and go unpunished what would you feel if you saw your children in coffins
Vitaly claimed to see arrogance and contempt in paid his eyes as he swiped the photos away causing them to flutter
to the ground Vitaly Kalu f watched as they fell quote I only remember that I had a very disturbing feeling as if the
bodies of my children were turning over in their graves he recalled pulling out his knife although still maintained he
could not remember what happened next insisting everything went black it took Peter Nielson roughly two minutes to
bleed to death as his wife watched on helplessly Vitaly fled the same tossing the murder weapon into a mound of snow
on his way back to his hotel his first memory was taking out the envelope of photographs and realizing
the images of his children were stained with blood he looked down at his clothes
and realized that he too was covered with blood Vitaly down to two bottles of vodka using some of the alcohol to wash
the blood off his hands he then showered and put his blood-stained clothes into a paper bag
which he took to the street outside and dumped in a bin afterwards he went to the hotel bar for a drink before
retiring to bed for the night where he slept peacefully without nightmares for the first time in a year and a half
the following morning Vitaly went to the hotel restaurant and drank two cups of coffee before visiting a local church
when he returned to his hotel room he packed his suitcase then lay exhausted on the bed where he fell asleep he woke
hours later at 5 p.m. when the police arrived vitaly z' lawyer argued for diminished responsibility asserting the
grieving father suffered and emotionally fueled Blacky out upon his confrontation
with Peter in which he lost all control the prosecution were unconvinced Vitaly wasn't fully aware of his actions
believing the defendant was fueled by a burning desire for revenge to inflict harm on Peter as evident by the fact he
took a knife to what he insisted was a peaceful errand after two days of proceedings Vitaly qof was found guilty
for the premeditated killing of Peter Nielsen and sentenced to eight years in prison when the verdict was announced
Vitaly refused to stand telling the court I am accused of burying my children why would I stand up the outside court
vitaly x' brother yuri showed reporters photographs of the bodies of the russian
children who died in the e-billing and mid-air collision and said I had to attend to the trial of my brother today
instead of a trial of those who killed 71 people a government official from Batali's
hometown who attended the trial as a private citizen told reporters sky guard can be happy and sleep calmly alpha
thali will be in prison and Nielsen who bore the brunt of the company's sins is no longer with us during the memorial
service marking the second anniversary of the u billing and mid-air collision Peter Nelson was listed among the
victims of the tragedy and a separate candle was living his owner Althea Chen Innova whose daughter perished in the
crash spoke out in support of the former air traffic controller stating we didn't
want Peter to be killed we didn't want to have more victims related to that catastrophe because of our children
however many other relatives of the deceased the Russian schoolchildren spoke in defense of Vitaly in a joint
statement they wrote only we parents who have lost their children in this terrible accident can fully understand
the abyss of grief and the desperation of Vitaly kahlúa after the death of his children and wife we the parents of the
dead children were outraged that a criminal investigation into the plane crash and the death of 71 people has not
yet been completed and the specific guilty persons of sky guide have not been convicted in fact none of the
perpetrators suffered even administrative punishment at the same time the trial of Vitaly Kalev who was
accused of the murder of one Swiss citizen took place one year after the incident Vitaly Kalev is not an avenge
killer but an unfortunate victim of a tragedy that destroyed his whole life parents and relatives of the dead who
for schoolchildren found at least some strength communicating and supporting each other
in a common grief Natali kahlúa was alone with his loss having lived almost a year in the cemetery next to the
graves of his loved ones in this situation a living person cannot calmly and adequately perceive the
irresponsibility indifference and cynicism of the perpetrators of a plane crash trying to evade responsibility be
inhuman cynical attitude toward someone else's grief was manifested in the absence of official condolences and
apologies to the families of the deceased and a later the removal of the sky guide directorate from contact with
lawyers defending our interests if Alan Rossia had apologized to the relatives of the victims
Peter Nielsen might still be alive in a terrible plane crash on July 1 2002 there are guilty people who under the
laws of a civilized society must bear the appropriate punishment the general director of the sky-byte company Alan
Rozier entered the direct organizers of the flight safety device service should sit in the dock parents and relatives of
the deceased children await justice on August 7 2006 four years after the you bullying and mid-air collision
families of the victims felt a collective sense of justice when a Swiss prosecutor filed 71 charges of negligent
manslaughter against aked sky-god employees four of those charged we're air traffic
managers responsible for overseeing the area control center on the night of the crash
the others were cigar guide officials who had not been working at the time of the collision
during their testimony the managers denied any culpability instead blaming the controllers on duty at the time of
the crash for unprofessional conduct including Peter Nielsen who they claimed poorly handled the events that led to
the collision they claimed they had no reason to foresee the sky guides practice of leaving nightshift
controllers alone which had since been banned could ever prove dangerous state prosecutors accused the sky by its
management of turning a blind eye to breaches of international safety regulations specifically the
long-established practice of leaving only one controller to monitor Swiss airspace while another took a break
the prosecution also detailed the investigations findings that determined Peter Nielsen was not fully aware of the
extent of how the maintenance work would impact his ability to conduct his duties
safely and effectively they argued sky guide and management should have made greater efforts to explain these issues
to Peter prior to his shift the Swiss Court agreed with the prosecution's argument that the disaster
was caused by quote a chain reaction of breaches of duty and a casual neglect judge Reiner Haller ruled sky guides
management had contributed to an inconceivable tragedy quote none of the accused can excuse themselves with the
idea that another person could have prevented the disaster staffing the entire zurich air control at night with
only one controller goes completely against their traffic security principles judge Reiner
stated that sky guides managers could have averted the disaster by prohibiting the second controller from leaving Peter
Nielsen alone quote a simple being on coffee breaks would have been enough to prevent the accident all of the accused
had the authority to ensure that two air traffic controllers were present in September 2007 judge Reiner delivered
his verdict finding all four of sky God's air control managers guilty of 71 counts of negligent manslaughter in
sentences condemned as grossly inadequate by the victim's families three of the managers were handed
one-year suspended sentences and two the fourth was ordered to pay a fine of 150
Swiss francs the equivalent of approximately 200 Australian dollars the remaining four sky-god officials were
each acquitted following the results of the court case sky guide finally accepted full
responsibility for the 2002 ruling in mid-air collision offering 30 victims families financial compensation while
those who pursued the legal action received payment in and out of court settlement in a public statement sky
guide admitted we for our part are convinced that this tragedy is attributable primarily to systemic
causes in the interplay between people technology and procedures sky guard chief executive Alan Rossia admitted
quote mistakes were made by us and we regret them deeply we knowledge our responsibility has set
out in the German Federal Bureau of aircraft accidents investigation report and we ask the families of the victims
for forgiveness Swiss president Kasper village' offered an official apology to Russia on behalf of his country the
German government also accepted some of the blame concluding they should not have handed control of a portion of
their airspace to a private foreign company that had obvious management issues Vitaly kahlúa spent the beginning
of his prison sentence in a psychiatric institution where he spent his days longing to visit his family's grave
after two years he was transferred to a medium security prison during his first stroll through the prison yard Vitaly
claimed that almost all of the other prisoners approached him to express their respect for what he did the
Russian government lobbied on vitaly's behalf claiming his mental condition at the time of peda Nielsen's murder was
not sufficiently considered upon his sentencing an expert psychologist had testified at trial that Vitaly was in a
state of effect at the time of the killing and it was therefore not possible to prove his intent given the
tragedy had caused enough political grief and conflict between the countries Vitaly kahlúa
was released on November 8 2007 on the order of Switzerland's highest court after serving just three years of
his eight-year sentence vitaly returned to russia his business class they paid for by his supporters upon arriving home
he was greeted by enthusiastic crowds who lauded him as a hero for seeking justice on behalf of his country Vitaly
told gathering reporters that he did not regret the murder nor consider himself a
hero he returned to live in the three-story red brick home he had designed for his
family local journalists named a Vitaly Man of 2007 in 2008 the local government
appointed the former architect the role of deputy minister of construction of the republic a decision that was met
with negative reception in Switzerland Vitaly oversaw many federal and international construction projects
including the build of a television tower in his hometown of Vladikavkaz the Calcutta's musical and cultural center
and the sports palace in its can farley he appreciated his government work as a destruction that gave him a sense of
community involvement holding the position until his retirement in January 2016 Switzerland's government eventually
asked Vitaly to repay the costs of his incarceration which amounted to 150,000 Swiss francs Vitaly refused to do so
stating even if I had this money I would have given it to an orphanage or some other charity definitely not to
Switzerland in 2012 vitaly returned to germany to attend at the 10-year anniversary memorial service of the you
billing and mid-air collision as he was still on a swiss watch list he was detained by german authorities upon his
arrival to the country vitaly was angry stating he had as much right to attend the ceremony as anyone else he had
served his time and proven himself a respected member of his community after being detained for questioning for
most of the day vitaly was released when Russian diplomats agreed to accompany him during his stay in Germany by this
point he had already missed the memorial service Vitali has since reflected on the fateful night in July 2002 where he
awaited the arrival of his family to Spain quote when you're about to see your family you don't expect anything
bad to happen you were just happy I believe neither in Bad presages nor in signs from above I only believe in what
I see after all that happened I am at odds with God Russians remain divided about vitaly x' actions those who admire
him ponder over whether they would have the strength to do what he did a member of an organization dedicated to helping
the relatives of their crash victims stated Kalu F is a hero those guilty of causing air crashes
often remain unpunished such a radical punishment is the only way to make them carry responsibility for their crimes
vitaliy has received hundreds of handwritten letters of support with some coming from as far away as Canada and
Australia and even Germany in Switzerland vitaly gratefully reads every piece of mail and keeps the
letters carefully stored away a supporter from Moscow wrote to him if it were up to me I'd put the entire world
at your feet if more people were like you the world would be a better place other Russians are horrified by vitaliy
celebrity status and regard him as a murderer one critic stated quote we live in a very sick society this is the clan
mentality which Stalin successfully instilled in the minds of our ancestors and our people and to now the
authorities are appealing deliberately again to this primitive and barbarian psychology
in 2016 on the eve of his 60th birthday Vitali was awarded the highest state medal titled to the glory of Isetta the
medal was presented for his role in improving the living conditions of the inhabitants of the region educating the
younger generation and for maintaining law and order despite the investigation and court
rulings concluding that Peter Nielsen was not responsible for the 2002 uber Ling and mid-air collision Vitaly
remains remorseless about taking the former air traffic controllers life quo he's nobody to me he was an idiot and
that's why he paid for it with his life if he'd been smarter that wouldn't have been like this if he'd invited me into
the house the conversation would have happened in softer tones and the tragedy might not have happened I think about
his children they're growing up healthy full of life his wife is happy with her children the grandparents are happy with
the grandchildren who am i happy with I don't really take offense of people who call me a murderer
people who say that would betray their own children their own motherland I protected the honor and the memory of my
children in a recent interview with a Russian newspaper vitaly insisted he does not
want any pity when asked if Peter Nelson's death has since given him closure Vitaly responded
I don't think so killing him didn't make me feel any better following the publication of the
bureau's investigation into the 2002 uber Ling and mid-air collision a total of 19 safety recommendations were issued
to limit the chance of such a rare catastrophic event ever happening again one recommendation advised pilots that
if conflicting instructions are simultaneously issued from their aircrafts traffic collision avoidance
system and air traffic control that orders given by teeka's take precedence standing in the entrance hall of sky
guides headquarters in Zurich is a two meter higher commemorative sculpture made of blue glass sandstone the
sculpture consists of 72 shimmering golden wing symbols that appear to ascend and descend at the same time each
wing represents a victim who lost their life as a result of the 2002 uber Ling and mid-air collision including Peter
Nelson located at HK side of the collision is a monument consisting of several giant steel balls connected by a
broken chain symbolizing the life threat of so many people abruptly and irrevocably torn on the night of July 1
2002 the artwork spans several countries including Russia and Switzerland with the majority scattered throughout the
Ovington countryside in southern Germany the monument was inspired by the pearl necklace four-year-old Deanna Cole AF
was given by her father which was found in pieces beneath the auditory where her
small body was discovered an inscription written in German on a memorial plaque at the side of the crash translates as
follows in the midst of our lives we are surrounded by death [Music] [Music]

Case 106: Peter Nielsen (Part 2)

[Part 2 of 2] The half-empty arrival lounge began to fill with people. Reporters and news crews quickly gathered around the information desk, pointing cameras, microphones, and voice recorders at airport staff, bombarding them with a flurry of questions...

CREDITS Narration – Anonymous Host Researched and writing – Milly Raso Production, scoring – Mike Migas Additional scoring – Andrew Joslyn

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RESOURCES For all credits and sources please visit https://www.casefilepodcast.com/case-106-peter-nielsen-part-2

Brief Summary

Vitaly Kahlua's family died in a plane crash, leading him to murder the air traffic controller responsible for the tragedy.

Key points

Vitaly's Heartbreaking Wait. Vitaly Kahlua waits at the airport for his family, unaware of the tragedy about to unfold.
The Devastating News. Vitaly learns that his family's flight has collided with a cargo jet, sparking a desperate search.
A Father's Grief. Vitaly confronts the aftermath of the crash, struggling with the loss of his wife and children.
Peter Nielsen's Murder. Peter Nielsen bled to death from multiple stab wounds, leading to a police investigation.
The Arrest of Vitaly Koloff. Vitaly Koloff is arrested in a hotel room, found asleep with a packed suitcase.
The Interrogation of Vitaly Koloff. During interrogation, Vitaly admits to confronting Peter but denies murder.

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