EDEN PRAIRIE (AP) -- The air charter operator of the flight that killed Sen. Paul Wellstone says the state was negligent -- and should pay -- for failing to maintain a radio beacon near the crash site.

In an April 16 letter to Minnesota Attorney General Mike Hatch, Aviation Charter Inc. of Eden Prairie said the VOR directional radio beacon at Eveleth-Virginia Municipal Airport was inaccurate and misleading because of state negligence. The beacon signals to pilots the location of the runway's center line for landing.

"As a direct result of the defect in the (beacon) and the State of Minnesota's negligence, the aircraft was guided away from the runway approach to the area where the aircraft collided with the ground," the letter said.

The state Office of Aeronautics is responsible for maintaining navigational aids at 12 small airports, including Eveleth-Virginia, to standards set by the Federal Aviation Administration.

After the crash, the FAA said Eveleth's beacon was out of tolerance "by a very small amount." Pilots familiar with the airport have expressed doubt that the beacon's shortcomings contributed to the Oct. 25, 2002 crash, which killed everyone on the plane, including Wellstone's wife and daughter, three campaign aides and the two pilots.

The letter to Hatch said Aviation Charter has been notified that it will be the target of wrongful death lawsuits from the law firm representing Wellstone and all other passengers on the plane.

The attorney for the mother of pilot Michael Guess, Marie Guess of St. Paul, said Friday that he, too, will file a claim against the state over problems with the Eveleth radio beacon.