Fisher, Fischer did not make physical contact with the copilot, and the plane did land on time despite Fisher's entreaties. He added that even on a flight on a larger aircraft passengers would have access to their carry-on baggage during the flight -- but not when the "Fasten Seat Belt" light was on, as it was throughout the turbulent flight in question.
One of the state's witnesses was a lawyer and had a former law enforcement official. He was initially irritated by Fisher's voice and behavior before entering the aircraft (making phone calls in a loud tone of voice) and during the beginning of the flight (such as crossing and uncrossing his legs). He said Fisher made it difficult for him to concentrate on his own work, and the fact Fisher walked to the cockpit during a time when the "Fasten Seat Belt" light was on was a further irritant....
The third time Fisher went to the cockpit his voice the witness Smith testified he heard Fisher shout "When are you going to land this damned plane?"
Smith said to make the flight safer, he ordered Fisher to take the window seat and remain seated for the duration of the flight. He engaged in what might be called an act of benign exaggeration, noting that he worked with the Illinois State Police when Fisher did not initially comply with his request. Smith later testified that although he was not a sworn officer with the state police at the time of the flight he does work on a contractual basis with the state police. Blocked in by Smith at a window seat until the plane landed, Fisher remained in his seat until the plane landed. Fisher told Smith that "he always has a lot of energy and being confined on a plane is difficult for him."
