Man pleads guilty in TIA box cutter case

TAMPA -- A 22-year-old Largo man pleaded guilty today to trying to smuggle a box cutter in a book through Tampa International Airport security.

A federal judge hesitated before accepting the plea from Benjamin Baines Jr., who said in court that he didn't know he had the box cutter when he tried to board a Southwest Airlines flight on Feb. 17.

"He has maintained from Day One that he did not know the knife was in the book," defense attorney Thomas Ostrander told the judge.

A federal indictment charged him with "knowingly" possessing a concealed, dangerous weapon as he tried to get on the airplane. The box cutter was hidden in the hollowed-pages of a book titled "Fear Itself."

"I don't know that it's appropriate for the court to accept a plea of guilty when you say you're not guilty," said Senior U.S. District Judge William J. Castagna.

Baines had been scheduled to go to trial today before signing a plea agreement. The judge gave him time to speak with his attorney to decide how he wanted to proceed.

Baines chose the guilty plea.

"Ultimately, the decision was his. He wants to get on with his life," Ostrander said after court. "He decided the risk of going to trial was too great a risk."

Ostrander said Baines worried about jurors' perception of some of the materials investigators found in Baines' backpack when they searched it after the box cutter showed up on an airport X-ray machine. He had a Koran, a Bible, gang literature and rap music lyrics referencing police, drugs and guns.

"We had an uphill climb to try to establish his innocence," Ostrander said.

The day after his arrest at TIA, Baines pleaded guilty to state charges of carrying a concealed weapon and received a 30-day jail sentence. He said in federal court that he pleaded to the state charge to avoid potentially going to jail for a year.

Baines told investigators that he used the box cutter to cut marijuana, and often hid his stash of drugs and money from roommates inside the book.

A federal prosecutor said in court that he didn't believe Baines ever intended to use the box cutter to harm any passengers.

While the conviction carries a maximum 10-year sentence, Ostrander estimated that Baines could serve six months or less in prison. Castagna will sentence Baines July 24.

-Kevin Graham, Times staff writer