Yes, but he was cleared VFR (Visual Flight Rules).
Meaning the helicopter, not ATC, had the responsibility to keep all other traffic in sight and stay clear of them. The helicopter even told ATC he had the traffic in sight. In retrospect, he probably saw the plane that was taking off, not AA5342 that was slightly above him and descending.
Yes, but he was cleared VFR (Visual Flight Rules).
Meaning the helicopter, not ATC, had the responsibility to keep all other traffic in sight and stay clear of them. The helicopter even told ATC he had the traffic in sight. In retrospect, he probably saw the plane that was taking off, not AA5342 that was slightly above him and descending.