It doesn't say the pilots turned it off, it says the TCAS was "OFF
The Federal Police backs this up based on the CVR tape. Apparantly at one point one of the Pilots verbally confirms the TCAS was OFF
One pilots says (after collision) [not exact translation, best I can] "Dude, do you have the TCAS on?" The other responds, "Yeah, the TCAS is off"
That's the only part quoted.
Now since this is from the Federal Police, we are of course going to hear from Excel Air: They said the statements is based on isolated segments of the conversation. Again we stumble on the same issue brought on by the Police being involved. . .
I think we need the CVR tape released.
[Edited 2007-02-16 14:45:49]