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 Previous: The Amateur Amateur: My First Step Toward HF--High on the RooF |  Next: FCC Initiates Inquiry into Tennessee ARRL-VEC Exam Session |
 Following his conviction, William Flippo--in chains and leg irons--is returned to custody in West Palm Beach, Florida, June 19. He had no comment. [Bob Calvert, K4NBC, Photo] |
NEWINGTON, CT, Jun 20, 2002--A Florida Citizens Band enthusiast accused of jamming Amateur Radio operations and transmitting without a license has been convicted in federal court on eight misdemeanor counts. The jury took about 30 minutes to decide that Willam Flippo of Jupiter was guilty of four counts of operating without a license and four counts of deliberate and malicious interference. Federal District Court Judge Daniel T.K. Hurley noted that, while the charges were misdemeanors, it was important that the amateur airwaves be free of interference in the event of an emergency. He ordered that Flippo remain in custody and undergo a psychiatric evaluation prior to sentencing.
The prosecutor in the case, Neil Karabdil, credited members of the Amateur Radio community with bringing Flippo to justice. The list included 1999 ARRL International Humanitarian Award winner Ed Petzolt, K1LNC, who helped the FCC gather evidence in the case; Bert Morschi, AG4BV; Palm Beach County Emergency Coordinator Dave Messinger, N4QPM; and Chuck Mulligan, N4SDW.
"This is a very good day for Amateur Radio, and a very good day for justice," Petzolt said following the trial. "Let the word go out that we will not tolerate this sort of thing on our frequencies, and you will be caught." Petzolt cited local amateurs and the efforts of the FCC, including Special Counsel for Enforcement Riley Hollingsworth "and everyone else who kept the faith," for helping to bring the case to a successful conclusion.
"Never give up and never surrender," Petzolt advised those facing similar malicious interference situations. "If you do, they win."
According to Petzolt, who testified in the trial, Flippo primarily had targeted the Jupiter Tequesta Repeater Group for jamming and regularly interfered with amateur operations, especially on 10 and 2 meters, over an approximately three-year period. Following up on the amateurs' complaints, personnel from the FCC's Tampa District Office visited the Jupiter area at least twice in 1999 and reported tracking the offending signals to Flippo's residence.
Anything But Routine
The six-and-a-half-day trial that began June 10 was anything but routine. A day after attempting to fire his public defender attorney, Robert Adler--who countered that Flippo was trying to undermine his own trial--Flippo, then still free on $100,000 bond, drove himself to the hospital June 13 claiming he'd suffered a stroke. He was released the following day. Hurley recessed the trial but took the unusual step of revoking Flippo's bond June 17 after a physician told the judge that medical tests determined that Flippo had not had a stroke. Known as "Rabbit Ears" within the CB community, Flippo reportedly begged Hurley not to return him to jail because he had high blood pressure.
The federal trial was twice postponed last year after Flippo, now 60, argued successfully that serious health problems would prevent him from participating. He made similar claims earlier this month during another hearing to determine if he was capable of standing trial. A federal magistrate determined, however, that Flippo was competent to stand trial, and the trial date was set.
Flippo conceded during testimony that he did not have a license to transmit, but he claimed to have a letter of authorization from the Palm Beach County Emergency Management Office to use his radio during Hurricane Andrew in 1992, and that he considered it still valid. He did not admit to transmitting on amateur frequencies, however. The letter's alleged author, Mulligan, testified that the letter had been altered.
Flippo further testified that he'd been given a 10-kW amplifier by the FCC after he'd complained of suffering interference while handling emergency communications during the hurricane. He also claimed that amateurs had planted listening devices on his property and taped his voice to play back on ham frequencies to frame him.
Some members of the Palm Beach County CB community also showed up for the trial, but only as spectators. None testified on Flippo's behalf in the case.
Tape-recorded evidence of a 911 call Flippo had made in 1999 while also alleged to be transmitting on 2 meters supported a jamming claim by Petzolt. At the time, Petzolt and then-FCC agent Larry Sowers were in Petzolt's vehicle behind Flippo while Sowers was gathering evidence for the case. The jury apparently did not believe the argument, made by Adler, that Petzolt had "jammed himself" by retransmitting Flippo's mobile public address system audio via his own 2-meter transmitter.
Flippo was convicted last year in state court of criminal mischief--also a misdemeanor--after ramming Petzolt's vehicle the same evening the 911 call was made. Following his state conviction, Flippo was sentenced to a year's probation. The judge also ordered him to dispose of any radio equipment in his possession. A ban on possessing radio gear also was a condition of his bond in the federal case.
Taking the stand for the prosecution, Sowers detailed the allegations against Flippo. His testimony included the introduction of taped-recorded and other evidence gathered by the FCC. Anthony Burgos of the FCC's Tampa office also testified for the prosecution.
Federal authorities arrested Flippo in July 2000. The criminal charges of which he now stands convicted covered violations allegedly committed between June 1999 and April of 2000. The defendant already faces a $20,000 fine levied in 1999 for unlicensed operation, willful and malicious interference to Amateur Radio communications, and failure to let the FCC inspect his radio equipment.
Further Charges Possible
Following Flippo's conviction and after the jury had left the courtroom, Hurley expressed concerns that Flippo had committed perjury during the trial. "It is clear to me you made an effort to sabotage this case," he told Flippo.
Hurley also said he was concerned "regarding the violence in this case" and said he was convinced that Flippo was the aggressor in the car-ramming incident. Further worried that Flippo might not return to court for his sentencing hearing, Hurley remanded him to the custody of US marshals and ordered him returned to jail.
Flippo's wife, Jan, and his two daughters, one of them in a wheelchair, were in court on the trial's final day. Flippo reportedly hung his head after the jury returned a guilty verdict on the second count. He had no comment for a reporter as he was led back to jail.
Sentencing could take place in about a month.
According to the FCC, Flippo faces a maximum penalty of eight years in
prison--one year on each count. He also faces up to $80,000 in fines.
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