[K3PZN-List] Amateur Radio's Day in Court

[Al Bisasky]

>From the ARRL...

NEWINGTON, CT, Aug 29, 2002--Florida Citizens Band enthusiast William
"Rabbit Ears" Flippo will spend the next 15 months in federal prison and
have to pay a $25,000 fine for jamming Amateur Radio communications and
transmitting without a license. Flippo was convicted in federal court
earlier this year on eight misdemeanor counts. The sentence is believed to
be a record for convictions of this type.

Federal District Court Judge Daniel T.K. Hurley imposed the sentence August
29 on Flippo, of Jupiter. He had been found guilty June 19 of four counts of
operating without a license and four counts of deliberate and malicious
interference. Flippo has remained in custody since the guilty verdict and
underwent a psychiatric evaluation prior to sentencing. It's not clear if he
will get credit for time already served. The judge also said he wants a full
financial disclosure from Flippo, who may face other legal actions unrelated
to his radio operation convictions.

At the sentencing, Flippo reportedly wept, said he'd turned over a new leaf
and claimed he was sole support for his wife and two daughters. None of his
family members was in the courtroom for the sentencing, however.

The judge was not persuaded, telling Flippo, 60, that he was old enough to
have considered the consequences of his actions. Hurley also alleged
numerous incidents of perjury during the course of Flippo's testimony during
his June trial, which ran six-and-one-half days. The jury took about a half
hour to determine that he was guilty on all counts.

According to trial testimony, Flippo primarily had targeted members of 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.

Flippo had faced a maximum of eight years in prison--one year on each
count--and up to $80,000 in fines. Available opinions were mixed on whether
the sentence Hurley imposed was appropriate. Ed Petzolt, K1LNC, who assisted
the FCC in gathering evidence and, at one point, had his car rammed by
Flippo's vehicle, said he felt Flippo should have received at least three
years.

"I thought it was a slap on the wrist," said Petzolt, the 1999 ARRL
International Humanitarian Award winner who also testified at the trial.
John Criteser Jr, KC4JLY, agreed. "I think he should have gotten more--at
least five years," Criteser said outside the courthouse. Other amateurs who
attended the sentencing session, including Jupiter-Tequesta club member Bert
Moreschi, AG4BV, were satisfied with the penalty, however.

Flippo requested that he be incarcerated at Florida's Eglund Air Force Base,
but the decision on where he'll spend his sentence is up to the Federal
Bureau of Prisons.

Flippo's federal trial was twice postponed last year after he argued
successfully that serious health problems would prevent him from
participating. He was unsuccessful, however, when he tried the same tactic
during a hearing earlier this year to determine if he was capable of
standing trial.

Last year, Flippo was convicted in state court of criminal mischief--also a
misdemeanor--after ramming Petzolt's vehicle. He was sentenced to a year's
probation and ordered him to dispose of any radio equipment in his
possession. A ban on possessing radio gear also had a condition of his
federal bond, which Hurley subsequently revoked during the trial.

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.

Hurley ordered Flippo immediately back into custody to start serving his
sentence. Flippo reportedly was led into and out of the courtroom in
shackles and leg irons.