FLORIDA MAN IMPRISONED, FINED FOR DELIBERATE INTERFERENCE

From the ARRL Newsletter, Vol 21 # 34

Florida Citizens Band enthusiast William "Rabbit Ears" Flippo will spend a total of 15 months in federal prison--including two months already served--and pay a $25,000 fine for jamming Amateur Radio communications and transmitting without a license.  He'll also spend a year on supervised probation following his release, during which he cannot own radio gear or firearms.  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.

"It's sent a shock wave across the Amateur Radio and CB communities in South Florida," said Ed Petzolt, K1LNC, who was among the amateurs targeted by Flippo and who testified at his trial.  "The CB guys are running for cover.  You can buy an illegal CB amplifier pretty cheap right now," he quipped.  Hams were surprised by the severity of the sentence.

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.  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.  Petzolt, 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.

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 his radio equipment.  A ban on possessing radio gear also was a condition of his federal bond, which Hurley 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.