1
1 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
2 TAMPA DIVISION
3
JAMES R. CAMPBELL & CASE NO: 99-799-Civ-T-26C
4 AERO-MEDIA USA, INC.,
5 Plaintiffs,
6 VS. Tampa, Florida
April 8, 1999
7 SUN 'N FUN EAA FLY-IN, INC., 11:00 a.m.
8 Defendant.
________________________________/
9
TRANSCRIPT OF TEMPORARY INJUNCTION HEARING
10 BEFORE THE HONORABLE RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
11
APPEARANCES:
12
Counsel for Plaintiff DANIEL D. MOODY, ESQUIRE
13 Campbell & Aero-Media Pansler & Moody
USA: 575 N. Broadway
14 P. O. Box 246
Bartow, Florida 33830
15 813-533-5300
16 Counsel for Defendant JOHN F. WENDEL, ESQUIRE
Sun 'N Fun: JOHN P. PARKS, ESQUIRE
17 Wendel, Chritton & Parks
P. O. Box 5378
18 Lakeland, Florida 33807
813-646-5091
19
Court Reporter: CLAUDIA SPANGLER-FRY, RPR, CM
20 Official Court Reporter
801 North Florida Avenue
21 Room 1548
Tampa, Florida 33602
22 813-301-5575
23
24
25
2
1 P R O C E E D I N G S
2 April 8, 1999
3 * * * * * *
4 THE COURT: Madam Clerk, please call the case.
5 THE CLERK: Case number 99-799 Civil-T-26C, James R.
6 Campbell and Aero-Media USA, Incorporated versus Sun 'N Fun EAA
7 Fly-In, Incorporated.
8 Counsel, state your appearances.
9 MR. MOODY: Daniel Moody on behalf of the Petitioner.
10 MR. WENDEL: Morning, Your Honor, John Wendel and
11 John Parks on behalf of Sun 'N Fun.
12 THE COURT: Okay. I have before me the Petitioner's
13 motion for emergency hearing on request for order of -- for
14 emergency summary remand. Some of these titles after awhile
15 get to be a little too much.
16 Basically, we're here to determine whether or not I'm
17 going to grant a temporary injunction, is that correct?
18 MR. WENDEL: Yes, Your Honor.
19 MR. MOODY: Correct, Your Honor.
20 MR. WENDEL: Your Honor, before we proceed, if I may,
21 could we invoke the rule of sequestration of witnesses?
22 THE COURT: Any other witnesses in the Courtroom?
23 MR. WENDEL: Your Honor, we have Mr. Quill and
24 Mr. Salemme.
25 THE COURT: All right, they can just go outside.
3
1 How long is this going to take, gentlemen?
2 MR. MOODY: Your Honor, I would -- I would like at
3 least 30 minutes for Petitioner's side.
4 THE COURT: Okay.
5 MR. WENDEL: We have no objection to that, Your
6 Honor.
7 THE COURT: First of all, I'm going to say it, maybe
8 I shouldn't say it, why didn't this case stay in Polk County
9 Circuit Court and heard over there?
10 MR. WENDEL: Well, Your Honor --
11 THE COURT: Could it be that it was removed over here
12 because someone thought they wouldn't get a quick hearing?
13 Send a message; you file -- you move a case here, you're going
14 to get a quick hearing.
15 MR. WENDEL: May I respond to that, Your Honor?
16 THE COURT: Go ahead.
17 MR. WENDEL: You're right. We thought if we brought
18 it over here, it would take longer, and I'll be real straight
19 with you.
20 THE COURT: I appreciate that.
21 MR. WENDEL: The fact of the matter is, in the
22 petition, Mr. Moody for Mr. Campbell --
23 THE COURT: I know.
24 MR. WENDEL: -- raises significant Federal questions.
25 THE COURT: I know, but, you know, who was this
4
1 before over there, in Polk County?
2 MR. WENDEL: Judge Curry.
3 THE COURT: He's a very competent Judge, he could have
4 handled these issues, but we're here, and it's an interesting
5 case, I'll say that, and to be quite frank, however I rule
6 today, this case is over with, I would imagine, because the Fun
7 'N Sun lasts, what, a week?
8 MR. WENDEL: Yes.
9 THE COURT: And I don't know that the Eleventh
10 Circuit is going to give anybody any emergency relief, but in
11 any event, you ready to proceed, Mr. Moody?
12 MR. MOODY: Yes, Your Honor.
13 THE COURT: All right, call your first witness.
14 MR. MOODY: Petitioner would call Mr. James Campbell.
15 THE COURT: All right. Come forward, Mr. Campbell.
16 MR. MOODY: Your Honor, is the Court inclined to give
17 us more time because, you know, it's sort of how long I go here
18 sort of depends on the Court's latitude in terms of --
19 THE COURT: Well, I don't know, I mean, what -- what
20 do you want to show to me?
21 MR. MOODY: Your Honor, I want to show that
22 Mr. Campbell's individual rights, his rights to freedom of the
23 press, his rights to enter on public property, his rights to be
24 free from public discrimination have been violated here if he's
25 not allowed to attend the Sun 'N Fun Fly-In. Also, Your Honor,
5
1 substantial, substantial irreparable harm to Mr. Campbell and
2 his business.
3 THE COURT: But -- all right.
4 MR. WENDEL: Your Honor, with that preface in mind,
5 if I may speak again to the Court.
6 THE COURT: Go ahead.
7 MR. WENDEL: We provided the Court with a certified
8 copy from the Department of State of the State of Florida
9 evidencing the administrative dissolution of the corporation
10 known as Aero-Media, Inc. We'd like to have Aero-Media, Inc.
11 stricken as a party for the very fact that the only purpose
12 under Florida Law that Aero-Media, Inc. can continue is to
13 conduct the business of closing down the corporation. It is
14 not proper for it to be a party in litigation.
15 THE COURT: What do you say to that?
16 MR. MOODY: Your Honor, if I may, the corporation is
17 still a de jure corporation. And in terms of the --
18 THE COURT: Well, I don't want to -- let's do this,
19 that's a matter of proof, let's just get on with this.
20 MR. MOODY: Thank you, Your Honor.
21 THE COURT: Have a seat sir.
22 Oh, have you sworn the witness, Ms. Cole?
23 THE CLERK: No.
24 THE COURT: Go ahead.
25 Thereupon,
6
1 JAMES R. CAMPBELL,
2 having first been duly sworn to tell the truth, the whole
3 truth, and nothing but the truth, was examined and testified as
4 follows:
5 THE WITNESS: Yes, ma'am.
6 THE CLERK: Please take a seat in the witness box.
7 Please state your name and spell your last for the
8 record.
9 THE WITNESS: James Richard Campbell,
10 C-A-M-P-B-E-L-L.
11 DIRECT EXAMINATION
12 BY MR. MOODY:
13 Q. Would you please state your occupation, sir?
14 A. I'm publisher and editor-in-chief for U. S. Aviator
15 Magazine.
16 Q. Please tell the Court what U. S. Aviator Magazine is.
17 A. U. S. Aviator Magazine is a bi-monthly periodical
18 dedicated to sports and general aviation interests.
19 Q. How long have you been in the publishing business?
20 A. With U. S. Aviator, 11, 12 years, and another ten years
21 before that for other publications.
22 Q. And, sir, is U. S. Aviator dedicated to a particular
23 market of aviation?
24 A. Very much so. The affordable and the general and sport
25 aviation, especially in regards to aviation safety and consumer
7
1 advocacy matters.
2 Q. In terms of U. S. Aviator, are the articles that are
3 written within U. S. Aviator in any way associated or directed
4 with concerns that deal with the Experimental Aircraft
5 Association?
6 A. Very, very much so, at least half, if not at times three
7 quarters of coverage is dedicated in that area.
8 Q. Have you also published any books?
9 A. Yes, sir. Of the various publishers as well as myself, I
10 have done I think my 14th book right now I'm on.
11 Q. Tell the Court if you have ever written any books
12 regarding experimental aircraft?
13 A. Well, the leading book in the field or at least we hope
14 it is is the Sport Plane Resource Guide. It's an 1,100 page
15 guide to all the kit aircraft that are currently available from
16 hand-gliders up to home-built jets and from what I understand
17 it's pretty much the authority in the field now. And at seven
18 pounds, it should be.
19 Q. And Mr. Campbell, this Sport Plane Resource Guide, is it
20 directly associated with experimental aircraft?
21 A. It's what it covers specifically.
22 MR. MOODY: If I may, Your Honor, I'd like to
23 introduce this Sport Plane Resource Guide and a copy of his
24 magazine so the Court can take a look at that.
25 MR. WENDEL: May it please the Court, we would object
8
1 to both of those, they have nothing to do with the petition
2 before the Court dealing with his constitutional assertions.
3 No matter what those magazines say, they have absolutely
4 nothing to do with his position that he's been denied access to
5 what he defines inappropriately as public property.
6 THE COURT: Well, I'm going to admit them. Let's
7 admit the big one as Plaintiff's 1 and the magazine as
8 Plaintiff's 2. In fact, I recognize your objection, but one of
9 the things I was going through in my mind was to ask him do you
10 have a copy of your magazine so that I can look at it. I think
11 it's relevant. I mean, he's asserting First Amendment rights
12 and it goes to corroborate his testimony that I'm a publisher,
13 I'm an editor, here's proof, that's all.
14 MR. WENDEL: What does that have to do with access --
15 THE COURT: Listen, let's just move on. I'll hear
16 from you later, okay.
17 MR. WENDEL: Thank you.
18 THE COURT: Go ahead, Mr. Moody.
19 BY MR. MOODY:
20 Q. Mr. Campbell, do you hold any active aviation licenses?
21 A. I earned commercial pilot certificates for fixed plane
22 airplanes, single multi-engine instruments, sea planes, so
23 forth, also rotor craft helicopter. I also have extensive
24 experience in everything from lighter-than-air to tilt rotor.
25 The tilt rotor isn't extensive, but some experience. And then
9
1 on top of it all, a lot of ultra-light experience and things of
2 that nature. I have also held a certified flight instructor
3 rating for airplane instrument, multi-engine and helicopter.
4 It's not current at the moment.
5 Q. Do you currently, sir, test experimental aircraft?
6 A. Every week practically.
7 Q. And what do you consider your role as an editor-to-be
8 within the aviation community?
9 A. Well, U. S. Aviator has a very unusual identity. We're a
10 consumer advocate and we're very high stress on safety and
11 things of that nature. We do more test flying and hard test
12 flying of experimental aircraft than anybody, certainly, and
13 we're also very much into consumer advocacy matters whether
14 people are getting what they pay for, whether the aircraft are
15 safe and whether or not business is being conducted in the
16 manner that would fit the aviation industry.
17 Q. Are you a member of the Experimental Aircraft
18 Association?
19 A. Yes, sir.
20 Q. Are you currently in good standing with the EAA?
21 A. According to Paul Poberezny, yes sir.
22 Q. And tell the Court what the EAA is.
23 A. The EAA is the Experimental Aircraft Association, it's
24 the leading organization for sport aviation, experimental
25 aircraft, people who build their own airplanes as well as
10
1 restoring war-birds, classic aircraft, ultra-light aircraft and
2 air medic-craft as well.
3 Q. How long have you been with the EAA?
4 A. Well, I remember hitchhiking without my parents'
5 permission to Oshkosh at age 16. It's longer than I want to
6 know about.
7 Q. Tell Judge Lazzara what the Sun 'N Fun is and what the
8 Sun 'N Fun involves?
9 A. Sun 'N Fun, sir, is the second largest aviation event of
10 its kind in the world, and it is more important, and in many
11 ways it's the first major event of the year. Most major
12 aircraft announcements will be made there, a lot of people will
13 be talking about projects and process, it's an opportunity for
14 me to get together with a lot of pilots and do some test flying
15 off the field, and do some evaluation and test work.
16 It's not unusual for me to fly 20 different airplanes
17 during the course of a week at Sun 'N Fun with a little bit of
18 fudging a couple days before and a couple days after. It is
19 without a doubt one of the four largest events that I attend
20 every year.
21 Q. And do any of the aircraft, experimental aircraft, in
22 particular, manufacturers offer exhibits at Sun 'N Fun?
23 A. Well, frankly, 99 percent or more it seems, if you're not
24 at Sun 'N Fun, then people start talking about you.
25 Q. You're in the business of critiquing some of these
11
1 manufacturers?
2 A. That's been probably my major personal responsibility all
3 along.
4 Q. What if any business, sir, have you contacted, yourself
5 and your magazine, at Sun 'N Fun as an editor or writer?
6 A. Everybody. I make a swing through there and I make sure
7 that if I don't at least say hello to people, I make sure I
8 have got literature, I make sure I spend time with people,
9 especially if it's newsworthy or new, will spend time finding
10 out what's going on, make arrangements to do test flying,
11 product evaluation and get with the aircraft, as well as the
12 fact it's an excellent opportunity to do the air to air and
13 other testing that you just pretty much can't get everybody
14 together at the same time for.
15 Q. Mr. Campbell, what is the importance of your presence
16 being at the Sun 'N Fun Fly-in?
17 A. Well, to me it's critical.
18 Q. And why is it critical, Mr. Campbell?
19 A. First of all, when it comes to the test flying and
20 evaluation and so forth, I'm -- pardon me, but it may sound a
21 little arrogant, but nobody does what we do with these
22 airplanes. I promise you, sir, in all certainty that nobody
23 evaluates these aircraft as critically as we do.
24 So there's an awful lot of that going on, plus not to
25 mention the fact that you're talking to the companies, what
12
1 they're dealing with, what's happening with engine suppliers,
2 what's happening with avionic suppliers, what's going on in the
3 industry, how is the FAA treating them, and then, of course,
4 there's the news-making aspect itself. The administrator of
5 the FAA gives a press conference there each year on Monday, and
6 it's an opportunity to question her directly, as well as high
7 officials of the FAA, and we don't get that opportunity but
8 once or twice a year.
9 Q. Mr. Campbell, have you been informed that you are banned
10 from the Sun 'N Fun Fly-in at this year's event?
11 A. That's the assumption I'm getting from everybody --
12 THE COURT: Well wait, excuse me, excuse me, I'm not
13 here based on assumptions, all right. I mean, if you filed a
14 lawsuit that's been removed to this Court and I have scrambled
15 around to give you time based on an assumption, I'm not going
16 to be very happy. Do you have any concrete proof that he can't
17 attend the Sun 'N Fun? Or let me ask it this way; is he
18 prohibited from attending the Fun 'N Sun?
19 MR. WENDEL: He is, but the magazine is not. All he
20 has to do is send credentialed people and they'll be given
21 press credentials. His conduct in the past warrants Sun 'N Fun
22 as a private entity refusing him access to --
23 THE COURT: Wait, wait, wait, is he personally barred
24 from the Sun 'N Fun?
25 MR. WENDEL: He is, Your Honor.
13
1 THE COURT: Okay, because when he starts talking
2 about assumptions, I start saying what are we doing here. All
3 right, go ahead.
4 THE WITNESS: I'm sorry, sir.
5 THE COURT: That's all right.
6 BY MR. MOODY:
7 Q. Have you been provided with any formal notice that you're
8 not allowed into the Sun 'N Fun?
9 A. We have a letter that was sent to my personal counsel a
10 couple weeks ago.
11 Q. And have you, Mr. Campbell, been provided any type of due
12 process such as a hearing or a panel to appear before to
13 contest or to argue why you should be allowed on the premises?
14 MR. WENDEL: Excuse me, Your Honor, we must object to
15 that. This line of questioning is absolutely inappropriate.
16 There's no predicate here to show that a private corporation
17 such as Sun 'N Fun has any obligation to set up a hearing
18 because it determines in the private use of its property that
19 someone can't come aboard.
20 THE COURT: Nice argument and I'll hear you at the
21 conclusion of case with regard to that, but --
22 MR. WENDEL: Very well.
23 THE COURT: -- let me bring in the evidence here.
24 MR. WENDEL: Yes, Your Honor.
25 THE COURT: I'm aware of all those concepts. Go
14
1 ahead.
2 BY MR. MOODY:
3 Q. You have not been provided any forum to discuss why you
4 have been banned from Sun 'N Fun, is that correct?
5 A. Despite numerous promises to third parties who are
6 attempting to ameliorate this dispute, no, there have been
7 none.
8 THE COURT: Well, have you been advised -- excuse me,
9 have you been advised why you have been banned from the Fun 'N
10 Sun?
11 THE WITNESS: The only word that's cropped up at one
12 point was that I was a disruption, and I have called numerous
13 people associated with the event trying to get an answer and I
14 get hung up on.
15 THE COURT: You mentioned your lawyer received a
16 letter.
17 THE WITNESS: Received a letter from Mr. Wendel and
18 in regards to the fact I couldn't come and my magazine could.
19 THE COURT: Do you have a copy of that letter?
20 THE WITNESS: No, sir, I do not. It was FAX'ed to
21 Mr. Clager who is out in the Dominican Republic at the moment.
22 THE COURT: And who is Mr. Wendel?
23 THE WITNESS: Pardon me, Mr. Wendel --
24 MR. WENDEL: Your Honor, he's referring to me, John
25 Wendel.
15
1 THE COURT: Okay.
2 THE WITNESS: This whole thing is very confusing.
3 THE COURT: All right, I'm just trying to get the
4 players straight here.
5 BY MR. MOODY:
6 Q. Mr. Campbell, would you describe your relationship with
7 the Sun 'N Fun representatives and explain to the Court why you
8 contend that you have been banned from Sun 'N Fun?
9 Q. Well, we've had a number of problems with certain high
10 level entities at Sun 'N Fun who have been very unhappy with
11 the criticism that -- more important with the questions we've
12 asked of them at various times throughout the last decade.
13 Mr. Henderson, the -- I don't know what the proper
14 term is, I guess he's the Fly-In director-manager, whatever you
15 want to call it, the boss, is real unhappy with me and has
16 expressed that a number of times, so has Ms. Higby who is the
17 head of their press group and they have a narrator as well that
18 has not only expressed extreme disapproval, but has done so
19 dozens of time on the internet, threatening everything from my
20 life to my livelihood.
21 Q. Have you been critical of the kit plane manufacturers
22 regarding safety?
23 A. Oh, gosh, yes, sir.
24 Q. And do you contend, sir, that there's been any type of
25 vindictive motives to have you thrown out of the Sun 'N Fun by
16
1 any of those representatives?
2 A. Well, according to Mr. Henderson over the past few years,
3 he's told me that he has gotten quite a few complaints from the
4 companies that we've criticized to try to get me out of Sun 'N
5 Fun. This was confirmed by the president of -- the current
6 president of EAA, Mr. Poberezny, in conversations two weeks
7 ago. Then, of course, they're bragging about it on the
8 internet; Mr. Suzarsa, Mr. Miley --
9 MR. WENDEL: If it please the Court, excuse me.
10 THE COURT: Yes, Mr. Wendel.
11 THE WITNESS: My apologies.
12 THE COURT: Excuse me, excuse me.
13 MR. WENDEL: Your Honor, the hearsay is just creeping
14 in the front door.
15 THE COURT: It's getting a little bit too much.
16 MR. WENDEL: I've tried to be real tolerant.
17 THE COURT: I understand. I'm going to sustain his
18 objection on hearsay grounds.
19 BY MR. MOODY:
20 Q. Thank you, Your Honor.
21 Have you then been critical also of Sun 'N Fun?
22 A. Oh, very much so. We've also been very positive about a
23 lot of things, too. There's a lot about it that is positive.
24 Q. And has any Sun 'N Fun representative ever expressed
25 concern about your writings about Sun 'N Fun?
17
1 MR. WENDEL: May it please the Court.
2 THE WITNESS: So many times.
3 THE COURT: Yes.
4 MR. WENDEL: A proper predicate has to be laid to
5 give us the opportunity to object to that as hearsay,
6 THE COURT: All right. First of all, what's the name
7 of this person?
8 THE WITNESS: The persons would be --
9 THE COURT: Give me the names of the persons.
10 THE WITNESS: Mr. Henderson, Mr. Eickhoff, Ms. Higby
11 and Mr. Troyer.
12 THE COURT: And what connection do they have with Fun
13 'N Sun?
14 THE COURT: Mr. Eickhoff I guess is the head of their
15 board of directors, if I have that correctly. Mr. Henderson
16 runs the Fly-In. Ms. Higby runs the press headquarters and
17 Mr. Troyer is the narrator.
18 THE COURT: And when have you had these -- have you
19 had conversations with them?
20 THE WITNESS: Conversations as well as written
21 communications, yes.
22 THE COURT: And over what period of time?
23 THE WITNESS: Over a decade, not each one over a
24 decade, but with Mr. Henderson, well over a decade. I've been
25 going to Sun 'N Fun almost 20 years, oh, Lord.
18
1 THE COURT: All right. And what do you seek to
2 elicit from him now with regard to what these representatives
3 told him?
4 MR. MOODY: Told him, yes, Your Honor.
5 THE COURT: About their views of him?
6 MR. MOODY: Their concerns about his articles or his
7 publishings.
8 THE COURT: All right. It's being in the nature of
9 -- I don't think it's hearsay. I'm going to go ahead and allow
10 it. Go ahead.
11 MR. WENDEL: Your Honor, after hearing the Court's
12 questions and his answers, we would agree that Mr. Henderson
13 and Mr. Eickhoff and Ms. Higby fall within the scope of
14 employees of Sun 'N Fun, but Mr. Troyer is a volunteer, and we
15 would continue to object to anything that --
16 THE COURT: Well, let me -- Mr. Troyer, what does
17 Mr. Troyer do for Fun 'N Sun?
18 THE WITNESS: He's one of the two or three principal
19 people who are on the announcing stand the entire week talking
20 to the public about what's going on, and that such and such an
21 airplane, and gee, aren't we having a great time.
22 THE COURT: Is he a volunteer like Mr. Wendel said?
23 THE WITNESS: I have no idea. He's claimed a number
24 of relationships with Sun 'N Fun. We don't know what's true.
25 I can tell you, though, that letters that I send to Sun 'N Fun,
19
1 the contents have been posted to the Internet within a matter
2 of hours.
3 THE COURT: Well, it seems to me, Mr. Wendel, that
4 even if you characterized this individual as a volunteer, he's
5 -- he obviously occupies a position within Fun 'N Sun, whether
6 it's volunteered or paid. To the extent I think you can
7 consider him a representative under the rule, I don't know the
8 -- I'm trying to look for the rule here --
9 MR. WENDEL: Well, Judge, in consideration,
10 Mr. Henderson is a paid employee and his title is the executive
11 director. Ms. Higby is another paid employee. Mr. Eickhoff is
12 a volunteer and is the president, but it has to be shown that
13 any expressions to Mr. Campbell are expressions of Sun 'N Fun,
14 and not merely an individualistic expression by any of these
15 three people.
16 THE COURT: I understand that, but I think at this
17 point in time, I can allow him under 80l(d)2, dealing with
18 admission by party opponent, there's a whole category under
19 there, but I'm satisfied that these would qualify and let me
20 see, I mean, I don't know what he's going to say.
21 MR. WENDEL: Thank you, Judge.
22 THE COURT: Go ahead.
23 BY MR. MOODY:
24 Q. What opinions have these individuals, and specifically
25 I'd like for you to refer to each individual regarding
20
1 criticism of your magazine as it relates to Sun 'N Fun?
2 A. Well, Mr. Henderson has told me at various times that I'm
3 a trouble maker, that I should tone it down, that I don't need
4 to be so critical, that I need -- at one point, the phrase
5 "play ball" was used in regards to, you know, to work with Sun
6 'N Fun, they're trying to do very positive things, and my
7 criticism of them inhibits their ability to do positive things.
8 At other times he's been more critical, he's -- at
9 one point we had a conversation about I was talking to him
10 about vendors that would come to Sun 'N Fun who were selling
11 products that had killed a lot of people or had injured people
12 or were selling products that were subsequently not delivered
13 and people were being harmed as a result, and then Billy would
14 get back on me about my criticism of those companies and say
15 those people aren't happy with you either, they don't want you
16 at Sun 'N Fun, and I'm inclined to agree.
17 Q. What about Mrs. Higby?
18 A. Ms. Higby has been very negative. As late as the -- I
19 think in like 1990, '91, she has said even to my employees that
20 if, you know, if I didn't write better things about them that I
21 could be banned. One of them even showed up in a Court
22 document over a termination matter with one of my employees at
23 one point. I was -- it was reported to me by Chuck Durowsky, a
24 photographer for us, that he called --
25 MR. WENDEL: If it please the Court, we would object
21
1 to that as hearsay.
2 THE COURT: That is hearsay.
3 THE WITNESS: Sir, I apologize and I understand.
4 I would come, you know, I would come to Sun 'N Fun
5 each year, and she's always had a remark or two about here's
6 the scandal sheet or here's the muckraker or, you know,
7 whatever the case may be, and she's fairly positive on
8 something she likes. We arranged to have a wedding in a B25
9 Bomber last year and she thought that was the greatest thing in
10 the world and was sweetness and light for a couple days and
11 apparently after that I did something she didn't like.
12 Mr. Eickhoff, we've had a number of words over
13 various times, I'm a trouble maker, I'm -- I shouldn't be doing
14 what I'm doing, I don't have the right to talk to people about
15 why they're selling products that they don't deliver or why
16 their products are killing people or why their products are
17 hurting people.
18 And then Mr. Troyer, he's been pretty vicious over
19 the internet. He has claimed that he's putting up my name -- I
20 have the nickname of Zoom, and he has zoom-free zone signs that
21 Sun 'N Fun is buying at bulk to put up at the Fly-Ins. This
22 was reported to Mr. Henderson by the way, that he wants to see
23 me put out of business, that he wants to see me go to prison
24 and become Bubba's love slave. I don't write this stuff. It's
25 all kinds of stuff. And Mr. Troyer in particular has been
22
1 pretty negative.
2 Q. Have you written articles specifically challenging the
3 Sun 'N Fun event as being a concern for the safety of the
4 public?
5 A. Yes.
6 Q. And describe what you have written, briefly?
7 A. We had, matter of fact, we're kind of pleased that two of
8 the largest aircraft manufacturers have told me this year they
9 will not be --
10 MR. WENDEL: Your Honor, if it please the Court,
11 hearsay.
12 THE COURT: Sustain the objection.
13 BY MR. MOODY:
14 Q. With regard to what the Defendant responded in this case,
15 has told you specifically -- well, let me strike that question.
16 What specifically have you written, and I'm not going to
17 ask you to cite verbatim, but in general terms, regarding
18 safety to the public at the Sun 'N Fun Fly-in event?
19 A. Well, as early as the better part of a decade ago, there
20 was a series of incidents where unlicensed, two-seat aircraft
21 flying in the ultra-light area were taking passengers for rides
22 with instructors or pilots, I should say, who had no licenses
23 at all, not a pilot's license, not a medical. I brought this
24 up directly to Mr. Henderson and Mr. Henderson kind of spun it
25 off.
23
1 Unfortunately, there was some political
2 considerations since the fellows running the ultra-light area
3 was one of this company's dealers. Obviously, that could been
4 a problem. As a matter of fact, there were later accidents in
5 those aircraft under those circumstances off the field.
6 We had a major piece we did over the last year
7 concerning the demo flying and the way aircraft are displayed
8 there. And, you know, the density of the traffic, the way
9 things are run, how the aircraft are taxied and moved around in
10 close proximity to the public, those things were dangerous and
11 companies did make changes based on that.
12 Q. Mr. Campbell, is there any reason for Mr. Troyer to have
13 any personal grudge towards you?
14 MR. WENDEL: May it please the Court, this is pure
15 and absolute hearsay.
16 THE COURT: All right, Mr. Moody, you have made your
17 point.
18 MR. MOODY: Okay.
19 THE COURT: You have made your point that
20 Mr. Campbell has been critical of the Fun 'N Sun, Fun 'N Sun
21 apparently doesn't think much of him and he's therefore been
22 banned, so why don't we get on to one of the critical aspects
23 here and tell me what is Sun 'N Fun in terms of private, et
24 cetera.
25 MR. MOODY: Your Honor, exactly. I'll move on.
24
1 BY MR. MOODY:
2 Q. Mr. Campbell, if you would explain in summary form once
3 again what the FAA is?
4 A. The FAA is the governing organization for aviation in the
5 United States and a part of the International Compact that
6 governs aviation around the world.
7 Q. And it is a Federal organization, correct?
8 A. Correct.
9 Q. And does the FAA have any ties or any relationship with
10 the Sun 'N Fun Fly-In?
11 A. Very much so. They staff it significantly. I don't know
12 how many dozens of people will come. They have put up a
13 building on the Sun 'N Fun grounds at great expense. They have
14 funded a number of seminars, safety programs. There are safety
15 programs there ever month.
16 MR. WENDEL: Pardon me, Your Honor, best evidence
17 rule pertains here. If he has some evidence of these
18 relationships, it's not his hearsay testimony which can
19 introduce that. If he knows about the leasing of the building,
20 then he can speak, of course, from his own mind, but presumably
21 the lease is a written document which is the best evidence here
22 and not his interpretation of it.
23 And furthermore, if he is talking about monies or
24 employees or any of those things, I think we ought to have the
25 opportunity either to have a predicate laid or to voir dire him
25
1 on those points.
2 THE COURT: Mr. Moody.
3 MR. MOODY: Yes, Your Honor.
4 BY MR. MOODY:
5 Q. Mr. Campbell, do you have personal knowledge that the
6 Federal Aviation Administration conducts business as a Federal
7 agency during the time period that the Sun 'N Fun occurs?
8 A. Yes, sir, I do.
9 Q. And tell the Court from your personal knowledge, you
10 being present, what you have observed?
11 A. Well, there's a big building that says FAA on it. It's
12 filled with FAA employees. They give seminars, they give
13 speeches, they give discussions, they're involved in -- they're
14 involved in any incidents that are on the field, they work with
15 some of the volunteer staff, their -- you can see them
16 everywhere. I have to give FAA credit for that, they're very
17 involved.
18 Q. Have you attended any of these seminars?
19 A. Yes, many.
20 Q. And have you been critical of the FAA with some of their
21 practices?
22 A. Oh, gosh, yes.
23 Q. And Mr. Campbell, without response, would it be a fair
24 statement to say that a lot of these people, including the FAA,
25 do not like your presence in some cases?
26
1 A. That's quite correct.
2 Q. And why is that?
3 A. We've been extremely critical of the FAA. We've started
4 some of the biggest fights in aviation over some of the things
5 they have done, especially the Bob Hoover affair.
6 Q. And we don't need to go there, but --
7 A. That's why I wrote a book.
8 Q. The activities that you have observed with your personal
9 knowledge at Sun 'N Fun, do those activities involve the
10 runways and taxi-ways there at Sun 'N Fun?
11 A. Yes, it's a federally-funded airport that's been
12 confirmed to me by the associate administrator of airports and
13 the regional director in Orlando.
14 Q. And what about any state or local funding, to your
15 knowledge?
16 A. According to Jim DeGinero and Bill McDermott --
17 MR. WENDEL: May it please the Court, same objection.
18 THE COURT: I'll sustain the objection.
19 BY MR. MOODY:
20 Q. Do you have any knowledge as to who pays Sun 'N Fun for
21 the police, Lakeland Police Department and sheriff's officials
22 that attend this event?
23 MR. WENDEL: May it please the Court, same objection,
24 it's all hearsay.
25 THE COURT: It is.
27
1 MR. MOODY: I'll move on, Your Honor.
2 THE COURT: Thank you.
3 BY MR. MOODY:
4 Q. Mr. Campbell, but for the use of these federally funded
5 runways and taxi-ways, would it be possible to hold the Sun 'N
6 Fun event?
7 MR. WENDEL: May it please the Court --
8 THE WITNESS: I don't see how.
9 THE COURT: Wait a minute.
10 MR. WENDEL: It's absolutely hearsay. He has to
11 establish a predicate for coming to that type of conclusion.
12 THE COURT: That is federally funded?
13 MR. WENDEL: Yes, Your Honor, exactly.
14 THE COURT: Okay, I'll sustain the objection. But
15 for the use of the runways, could the Sun 'N Fun take place,
16 but for the use of the runways?
17 THE WITNESS: Well, without runways, you don't get
18 thousands of airplanes in there.
19 THE COURT: I didn't think so. Go ahead.
20 BY MR. MOODY:
21 Q. Mr. Campbell, getting right to the point, if you're
22 banned from Sun 'N Fun, would this have an irreparable -- cause
23 you irreparable harm?
24 A. I frankly think we're out of business if it does.
25 Q. And tell the Court why?
28
1 A. The expenses leading up to this have been extraordinary.
2 On a commercial basis, my magazine sells advertising based on
3 issues that we print in advance that are given out at the
4 Fly-In. We sell advertising contracts at the Fly-In. Half of
5 the issues that I will print this year will have stories that
6 came out of Sun 'N Fun, and two of those issues are almost
7 entirely devoted to Sun 'N Fun.
8 As a matter of fact, my magazine does more Sun 'N Fun
9 oriented coverage than any other magazine or any other two or
10 three or four magazines combined. There was over 60 pages of
11 editorial devoted to Sun 'N Fun last year alone, and I only do
12 six issues a year.
13 Q. Have you typically in the past staffed a booth at Sun 'N
14 Fun?
15 A. Yes, sir.
16 Q. And distributed your magazine?
17 A. Yes, sir.
18 Q. And how many subscribers do you typically sign up during
19 the course of this week?
20 A. Depending on a year, several hundred to seven or eight
21 hundred. It's two, three, 400, plus book sales, plus other
22 ancillary sales, plus advertising. We've had some years that
23 have been much better than that.
24 Q. Is your magazine considered a national magazine?
25 A. It's distributed all over the United States and all over
29
1 the world.
2 Q. Do you consider yourself a watch dog of the little guy in
3 aviation experimental aircraft?
4 MR. WENDEL: May it please the Court, absolutely
5 self-serving, no basis in fact other than his testimony.
6 THE COURT: I'll allow him to answer. Go ahead.
7 THE WITNESS: I want to be. That's what I'm hoping to
8 be.
9 MR. MOODY: That's all I have from this witness, Your
10 Honor.
11 THE COURT: Mr. Wendel.
12 MR. WENDEL: Yes, Your Honor.
13 THE COURT: You may cross examine.
14 MR. WENDEL: Thank you, Judge.
15 CROSS-EXAMINATION
16 BY MR. WENDEL:
17 Q. Mr. Campbell, would you please explain to the Court how
18 many times you've been ejected from the Sun 'N Fun event at
19 Lakeland Linder Regional Airport.
20 A. From what I understand of the legalities, that's been two
21 times by Sun 'N Fun and one that Sun 'N Fun instigated and the
22 City of Lakeland later apologized for it.
23 Q. So three times all together?
24 A. Yes.
25 Q. How many times have you been threatened with ejection and
30
1 determined to leave of your own volition before the police
2 carried out the ejection?
3 A. Never.
4 Q. Never?
5 Will you explain to the Court whether or not you carry a
6 nine millimeter weapon with you when you are on Sun 'N Fun
7 property?
8 A. Never have.
9 Q. How many people have you told that you carry a nine
10 millimeter weapon with you --
11 A. Never have.
12 Q. Sir, how many airplanes have you tampered with on Sun 'N
13 Fun grounds?
14 A. Never have.
15 Q. Do you know people by the name of Jones, Don Jones --
16 A. The convicted felon Don Jones who almost killed an FBI
17 agent.
18 THE COURT: Excuse me, excuse me, he asks the
19 questions --
20 THE WITNESS: I do know Mr. Jones.
21 THE COURT: Excuse me, I'm not through yet.
22 THE WITNESS: Oh, I apologize.
23 THE COURT: He asks the questions, you give an answer.
24 Do not editorialize, do not characterize.
25 THE WITNESS: Oops. It's my job. Sorry, sir.
31
1 THE COURT: You know, Mr. Campbell, maybe it hasn't
2 dawned on you, but you're in a Federal Courtroom now.
3 THE WITNESS: Yes, sir, I understand that.
4 THE COURT: Okay, and you're going to conduct
5 yourself accordingly.
6 THE WITNESS: Yes, sir.
7 THE COURT: All right?
8 THE WITNESS: Okay.
9 THE COURT: I don't want anymore flippant remarks
10 like that.
11 THE WITNESS: I'm not trying to be, sir. I'm just
12 trying to get through this.
13 THE COURT: All right. Go ahead, Mr. Wendel.
14 BY MR. WENDEL:
15 Q. Yes, sir.
16 Do you know Mr. Don Jones of Polk County, Florida?
17 A. Yes, sir, we're aware of him.
18 Q. Do you know that Mr. Don Jones had an aircraft at Sun 'N
19 Fun several years ago?
20 A. He's had many aircraft there.
21 Q. Do you recall tampering with the carburetor on his
22 aircraft during a Sun 'N Fun Fly-In?
23 A. No, sir, I never have.
24 Q. Do you recall being caught in the act by his son, Mr. Jay
25 Jones?
32
1 A. Never happened. And it's the first I've heard of it.
2 Q. Mr. Campbell, you recall --
3 MR. WENDEL: May I approach the witness?
4 THE COURT: You may.
5 BY MR. WENDEL:
6 Q. You recall during your direct examination explaining to
7 the Court that a letter was sent by my office to your attorney
8 Mr. Clager?
9 A. Yes, it was read to me over the phone.
10 Q. And would you be kind enough to look at that letter,
11 please, sir. Is that the letter to which you referred?
12 A. I think it is. It was read to me over the phone, but it
13 certainly sounds like it.
14 Q. Thank you. May I have it?
15 THE COURT: You introducing that?
16 MR. WENDEL: Pardon me?
17 THE COURT: You introducing that?
18 MR. WENDEL: Yes, I am, Your Honor.
19 THE COURT: Any objection?
20 MR. MOODY: No objection.
21 THE COURT: Be received as Defendant's 1.
22 BY MR. WENDEL:
23 Q. Now, Mr. Campbell, isn't it a fact that that letter tells
24 you that you are banned from the premises?
25 A. I would assume it does.
33
1 Q. Isn't it a fact that that letter tells you that your
2 magazine is not banned from the premises?
3 A. It tells me that.
4 Q. Isn't it a fact that the letter also states that any
5 qualified representative of your magazine who applies for press
6 credentials will receive those credentials and be admitted to
7 the property?
8 A. It says that.
9 Q. Do you have other employees of your magazine?
10 A. Yes, but nobody that does what I do.
11 Q. Is that because you do not permit them to do what you do?
12 A. Sir, they're very few people qualified to do what I do.
13 They'd be killed. I have almost been killed.
14 Q. I beg your pardon. Are you finished?
15 A. Yes, sir. I'm sorry.
16 Q. What I'd like to know, sir, is how many issues of this
17 magazine have you published in the last two years?
18 A. Probably about -- wait a second -- about 10.
19 Q. 10 in 24 months?
20 A. Yes, sir, we're a bi-monthly publication.
21 Q. Are you sure of the accuracy of that number? Would you
22 like to reflect on your answer?
23 A. Sir, I believe I have the 10th in my briefcase.
24 Q. You're telling the Court under oath that you have
25 published 10 magazines within the last 24 months?
34
1 A. To the best of my knowledge I believe we have, 'cause the
2 latest issue has an I. D. tag of 1010.
3 Q. Yes, sir, but I'm talking about actual publications of
4 magazines, not what an issue says on it?
5 A. I understand that, but that's how we I. D, 1001, 1002,
6 1003, after the point of about two years ago as a matter of
7 fact.
8 Q. Mr. Campbell, isn't it a fact that your corporation, one
9 of the co-petitioners or co-plaintiffs here, is an
10 administratively dissolved Florida corporation?
11 A. Meaning? You're talking about Aero-Media?
12 Q. Yes.
13 A. We talked to the State of Florida yesterday, it's the
14 first I heard about it, and we found out they had an improper
15 address and our registered agent wasn't notified either, and
16 that's being corrected right now.
17 Q. Mr. Campbell, is the corporation administratively
18 dissolved or not?
19 A. I have no way of really understanding what that means.
20 I'm not trying to be argumentative, apparently, but I'm not
21 aware, sir.
22 MR. WENDEL: May it please the Court, attached to our
23 response is an original certificate of dissolution from the
24 Department of State and under the circumstances, we would ask
25 the Court to take judicial knowledge of that State of Florida
35
1 document under seal.
2 THE COURT: Mr. Moody, do you concede that that's an
3 authentic document?
4 MR. MOODY: I would concede it probably is, Your
5 Honor.
6 THE COURT: Have you been in touch with the Secretary
7 of State's Office about the --
8 MR. MOODY: No, I haven't. I don't have any argument
9 to the contrary, Your Honor.
10 THE COURT: All right, and obviously, Mr. Campbell
11 has acknowledged that something is happening and it's been --
12 I'll note that it's administratively dissolved. All right.
13 MR. MOODY: Your Honor, I'm not agreeing that the
14 corporation has been dissolved, I'm only agreeing that he
15 failed to pay the $250 to send in the computerized report that
16 they sent to the wrong address.
17 THE COURT: Well, then you get administratively
18 dissolved. I understand.
19 THE WITNESS: It's being dealt with, sir. Kirk Keith
20 of LGS Accounting is the registered agent and we have a FAX
21 from him as of yesterday that it's being dealt with and will
22 take them about 10 days to get it resolved.
23 THE COURT: All right. Go ahead, Mr. Wendel.
24 MR. WENDEL: May I approach the witness again, Your
25 Honor?
36
1 THE COURT: You may.
2 BY MR. WENDEL:
3 Q. Mr. Campbell, I'm showing you a copy of a letter
4 addressed to a Mr. Poberezny, it is from J. R. "Zoom" Campbell
5 to Bill Eickhoff. The date line is 2/23 of 1999. It's on
6 Aero-Media USA, Inc. letterhead. Two pages to the letter.
7 Would you mind, please, sir, looking at it there?
8 (Brief pause.)
9 You recognize that as your letter, sir?
10 A. It seems like it is, yes, sir.
11 Q. You recall on your direct examination you told the Court
12 that you were a member of EAA?
13 A. Yes, sir.
14 Q. Isn't it a fact that in this letter you advised a month
15 and a half ago Mr. Poberezny to cancel your membership in EAA
16 and that you will be recommending that all of your readers do
17 the same?
18 A. We had a discussion --
19 Q. Please answer my question. Isn't it a fact that your
20 letter recites that?
21 A. The letter says that.
22 MR. WENDEL: Your Honor, may I have this admitted?
23 THE COURT: Any objection, Mr. Moody?
24 MR. MOODY: Yes, I'd like to see the letter, Your
25 Honor.
37
1 MR. WENDEL: I beg your pardon, certainly.
2 Judge, if I may call to your attention, this comes
3 out of Mr. Eickhoff's files, it has some personal notes on it
4 which have nothing whatsoever to do with his testimony, but
5 it's the only copy we have here today.
6 THE COURT: All right.
7 MR. MOODY: No objection.
8 THE COURT: It will be received as Defendant's 2.
9 MR. WENDEL: May it please the Court for a moment
10 with Mr. Moody. I have another letter I want to pay him the
11 courtesy of reviewing it at this point.
12 THE COURT: That's fine.
13 (Brief Pause.)
14 MR. MOODY: I'm not going to take the time to read
15 this letter, but if he lays the proper predicate, I have no
16 objection.
17 THE COURT: All right.
18 MR. WENDEL: May I approach, Your Honor?
19 THE COURT: Yes, sir.
20 BY MR WENDEL:
21 Q. Mr. Campbell, this is a copy of a letter, again on your
22 Aero-Media, Inc. stationery, it's dated December 30, 1998,
23 addressed to Mr. --
24 A. Actually, it's December 29th, sir, is the date on the
25 letter.
38
1 Q. Yes, but your date line on your FAX machine or someone's
2 date line is 12:30, so yes, the date line on the letter is
3 12-29. It's a three page letter. Did you write this letter,
4 sir?
5 A. Yes, looks like I did.
6 Q. Did you send it to Mr. Henderson and Mr. Eickhoff?
7 A. I copied them on everything. That was only fair.
8 MR. WENDEL: All right, Your Honor, because the
9 original has some annotations, I'm tendering to the Court the
10 copy which I showed to Mr. Moody.
11 MR. MOODY: No objection, Your Honor.
12 THE COURT: All right, it will be received as
13 Defendant's 3.
14 BY MR. WENDEL:
15 Q. Mr. Campbell, I would ask you if you will, please, sir,
16 to read the first two and a half lines of the second paragraph
17 to the Court.
18 A. Where it says the situation is blatantly ridiculous?
19 Q. Yes.
20 A. Okay. The situation is blatantly ridiculous. Gentlemen,
21 I've been told by counsel we have a strong case against you or
22 persons associated with your organization for harassment,
23 libel, tortuous interference, assault and other problems.
24 Q. Thank you, sir.
25 Now, Mr. Campbell, with that in mind, why did you wait on
39
1 the eve of the Fly-In to file an injunctive action against Sun
2 'N Fun?
3 A. Because your people kept promising that there would be a
4 meeting and the situation would be resolved.
5 Q. Why did you wait --
6 A. And you told Paul Poberezny and you told Bob Clager.
7 Q. Excuse me, sir, why did you wait from December of 1998 to
8 the week before to file this injunction suit?
9 MR. MOODY: Objection, Your Honor, as to relevancy.
10 THE COURT: Well, I'll overrule it. Go ahead.
11 THE WITNESS: Because you hadn't done what you said
12 you would do and we were trying to give everybody an
13 opportunity to make this as peaceful as we could.
14 BY MR. WENDEL:
15 Q. Are you referring to me personally?
16 A. I'm referring to Sun 'N Fun as a collective entity.
17 Q. I see. Now, you know from your letter that you were
18 advised by counsel that you had a strong case?
19 A. Yes, sir, that's what I was told.
20 Q. For harassment?
21 A. Sir -- yes.
22 Q. Liable?
23 A. Yes, sir.
24 Q. Tortuous interference?
25 A. Yes, sir.
40
1 Q. Assault?
2 A. Yes.
3 Q. And other problems?
4 A. Yes.
5 Q. Do you not have a remedy if you were prospectively to
6 file that lawsuit, a prospective remedy if you were to file
7 that type of lawsuit?
8 A. Yes, sir, but if you file a lawsuit, usually only the
9 lawyers win.
10 Q. Do you not still have the right to file that lawsuit?
11 A. We have the right. I was asked specifically by Tom
12 Poberezny, the president of EAA, for time to see if he could --
13 MR. WENDEL: May it please the Court, I have asked
14 him no questions pertaining to Tom Poberezny.
15 THE COURT: Yeah, what's he got to do with it?
16 THE WITNESS: He's the president of EAA, and he's a
17 director on the Sun 'N Fun board.
18 MR. WENDEL: He has nothing to do with this lawsuit.
19 THE COURT: Excuse me, ask another question.
20 MR. WENDEL: Yes, sir.
21 THE WITNESS: Sorry, sir.
22 BY MR. WENDEL:
23 Q. Isn't it correct, sir, that you were notified last year,
24 April of 1998, when you were again ejected from Sun 'N Fun,
25 that you were to stay off of the premises and not to return and
41
1 that there was a warning notice for the potential of trespass
2 filed against you by Sun 'N Fun with the Lakeland, Florida
3 Police Department?
4 A. We were told something to that effect, it was a very
5 confusing time, but I never received any paperwork to confirm
6 it.
7 Q. You were ejected from the property?
8 A. We were walked off the property, yes.
9 Q. By a Lakeland policeman?
10 A. Yes, I was.
11 Q. You were told to stay off the property and not to come
12 back, isn't that correct?
13 A. No, I was told to get off the property, it was Saturday,
14 the Fly-In was pretty much over.
15 Q. And then we have correspondence with your lawyer
16 confirming that you were banned from the property and the
17 correspondence has been admitted here in Court, isn't that
18 true?
19 A. We understand, sir, that there is a ban, we just don't
20 really know what's going on. Nobody is saying much.
21 Q. Did you ever live in Tulsa, Oklahoma?
22 A. Yes, sir.
23 Q. While you were in Tulsa, Oklahoma, did you assume the
24 identity of a medical doctor?
25 MR. MOODY: Objection, Your Honor, relevance,
42
1 remoteness, and --
2 THE COURT: What's the relevance of this, Mr. Wendel?
3 MR. MOODY: Highly prejudicial, Your Honor.
4 THE COURT: Hold on, hold on. What's the relevancy?
5 MR. WENDEL: Relevance is that Mr. Campbell --
6 MR. MOODY: Objection, Your Honor.
7 THE COURT: Wait, wait, wait, there's no jury here,
8 Mr. Moody, okay, I'm the trier of fact, and I'm the decider of
9 law, and he's got to make a proffer to me. And if it's not
10 admitted, if I ultimately don't admit it, I'm not going to
11 consider it.
12 MR. MOODY: Your Honor, may we approach on this?
13 THE COURT: Why?
14 MR. MOODY: Because we have the press here and --
15 THE COURT: And it's -- this is a Courtroom, and I'm
16 not sealing anything here, okay.
17 MR. MOODY: Your Honor, we have --
18 THE COURT: Mr. Moody, listen to me, even if you
19 approach this bench and we come up here and we whisper into
20 this microphone, those reporters are going to be able later on
21 to go to Ms. Fry and say would you please tell us what was said
22 during that bench conference. So why am I going to do that?
23 All right, let me tell you, I'm not a big believer in sealing
24 proceedings.
25 MR. MOODY: Your Honor, if I may.
43
1 THE COURT: What?
2 MR. MOODY: It's the sensitivity of this that, you
3 know, we're now getting ready to go into an area that has
4 nothing to do with this case.
5 THE COURT: I don't know that. How do I --
6 Mr. Moody, how do I evaluate whether it's relevant without
7 knowing what it's all about?
8 MR. MOODY: I have grave concerns, Your Honor, that
9 this stuff is privileged, that he's getting ready to go into --
10 THE COURT: What privilege? There's just a few
11 privileges that I know of. What; husband and wife,
12 attorney/client --
13 MR. MOODY: Medical testimony, Your Honor.
14 THE COURT: Huh?
15 MR. MOODY: Medical testimony concerning
16 Mr. Campbell's state of mind back how many -- 20 years ago or
17 whenever --
18 THE WITNESS: 21.
19 MR. MOODY: 21 years ago.
20 THE COURT: Ask the question. What was the question
21 you wanted to ask again?
22 MR. WENDEL: Your Honor, I asked him initially if he
23 ever lived in Tulsa, Oklahoma, and he said that he did, and I
24 then attempted to proceed into the area of while he was a
25 resident of Tulsa, Oklahoma, if he assumed or took on the
44
1 representation of himself as a medical doctor, and I was going
2 to then ask if he had treated people with that disguise or
3 whatever it was.
4 THE COURT: What's the relevance?
5 MR. WENDEL: Relevancy has to do with his
6 credibility. The relevancy has to do with the fact that we
7 believe that Mr. Campbell is an unstable personality. We will
8 be able in a full hearing to bring testimony to the Court which
9 will show that he has tampered with aircraft on the site, that
10 he has represented to people that he is carrying an ankle
11 holster with a nine millimeter weapon in it. We believe this
12 matter is one of great concern not only to Sun 'N Fun as the
13 sponsor --
14 THE COURT: Okay. Let me ask you this, do you have
15 witnesses here today? I notice that you laid the appropriate
16 foundation in terms of the weapon and the tampering. Do you
17 have someone that is going to come into this Courtroom today
18 and say, Judge, I saw that, or he made that representation to
19 me.
20 MR. WENDEL: Given the shortness of the notice of
21 this hearing, I don't know to what extent Mr. Eickhoff will be
22 able to testify about those matters that I have discussed, but
23 I can assure the Court that as late as 6:00 o'clock last night,
24 I spoke to a gentleman --
25 MR. MOODY: Objection, Your Honor, hearsay.
45
1 THE COURT: Well, he's just making a representation.
2 MR. WENDEL: I'm making a proffer.
3 THE COURT: He's making a proffer.
4 So you're telling me you have a witness that would
5 come in here and impeach him?
6 MR. WENDEL: Mr. Jay Jones is his name.
7 THE COURT: I don't need to know about it, okay.
8 That's fine, all right. Okay, all right, I'm going to go ahead
9 -- and obviously, I have a feeling that credibility is very
10 much at issue in this situation. Go ahead.
11 BY MR. WENDEL:
12 Q. Explain to the Court your impersonation of a medical
13 doctor in Tulsa, Oklahoma in the late 1970s or early 1980s?
14 A. Actually, sir, that did not occur.
15 Q. It did not occur?
16 A. Not the way you say it.
17 Q. Well, would you explain to the Court what did occur?
18 A. What occurred was as a young person, 20 years of age, I
19 had some problems based on a really strong incident and --
20 well, how do you really explain something like this. I put on
21 a white coat to see if people would look at me differently. I
22 put on my old air force reserve uniform to see if people would
23 look at me different. It was a self image problem, was a lot
24 of problems and it was over 20 years ago. And what's been said
25 and done about it has long been confused out of reality, but it
46
1 did happen, you know, that there were some problems.
2 Q. Mr. Campbell, you wore a white coat commonly associated
3 with the kind of a coat that a physician wears?
4 THE COURT: Okay, okay, okay, excuse me, Mr. Wendel.
5 You've asked the question, he's answered it, let's move on now.
6 Now we are getting a little far afield.
7 BY MR. WENDEL:
8 Q. Mr. Campbell, do you recall an administrative law
9 proceeding before the National Transportation and Safety Board
10 held on Tuesday, November 18, 1980, before the Honorable Joyce
11 Capps, an Administrative Law Judge?
12 A. Yes.
13 Q. Were you present at that time?
14 A. Yes.
15 Q. Were you present when Judge Capps permitted the testimony
16 of two psychiatrists who had evaluated you?
17 A. Actually, sir, that's untrue.
18 Q. All right, sir, then correct me, please.
19 A. One psychiatrist for the FAA had evaluated me, one read
20 his report. Five of ours said there was nothing wrong. I
21 wouldn't say nothing wrong, but nothing medically
22 objectionable.
23 Q. Do you recall --
24 A. I think the major phrase was I needed to grow up a
25 little, and I'm not going to argue with that at that time.
47
1 Q. You recalled Judge Capps' initial decision and order?
2 A. Yes, sir.
3 Q. Is it true that Judge Capps found that you had a
4 personality disorder that is severe enough to have repeatedly
5 manifested itself by overt acts?
6 THE COURT: Excuse me. Mr. Wendel, we're getting
7 into a very ticklish area here now.
8 MR. WENDEL: I know that, Your Honor.
9 THE COURT: Now, are you telling me that the
10 decision, the ultimate decision to exclude him from the Fun 'N
11 Sun is based in part on these matters that you're now raising?
12 MR. WENDEL: Yes, Your Honor.
13 THE COURT: Okay, all right.
14 MR. WENDEL: How would you like me to proceed? I
15 have the transcript of that Administrative Law hearing.
16 MR. MOODY: Object, Your Honor, to relevancy of that.
17 THE COURT: Well, you know, here's the situation.
18 You know, there are several issues. This has gotten -- this is
19 not as simple as I first viewed it in terms of -- Mr. Campbell,
20 you know, we're here for -- let me tell you something. Now you
21 filed a lawsuit in Polk County, it was set for hearing, and it
22 was removed here, I reviewed it and I said we're going to give
23 them a quick hearing 'cause if you don't receive a quick
24 hearing, this whole thing is moot in a week.
25 THE WITNESS: I understand.
48
1 THE COURT: So, recognizing my obligation, my staff
2 and I jumped through a lot of hoops, all right.
3 THE WITNESS: Yes, sir, thank you.
4 THE COURT: And I would like for you to respect that,
5 please.
6 THE WITNESS: I am, sir.
7 THE COURT: I don't want anymore flippant comments or
8 anything like that. Do we understand each other?
9 THE WITNESS: I wasn't aware I had.
10 THE COURT: Well, you just did a few seconds ago.
11 THE WITNESS: Okay, well, it wasn't meant to --
12 THE COURT: And I'm doing my best here to protect
13 everybody's interest and everybody's rights.
14 Now, what's your objection, Mr. Moody. See,
15 Mr. Moody, it seems to me that based on what I know, that one
16 of the positions that is going to be taken by the Sun 'N Fun
17 entity, if you will, is that we had good reason to do what we
18 did, notwithstanding his so-called First Amendment rights or
19 those of his corporation. And what they're trying to do is
20 they're trying to show it to me. Why isn't that relevant?
21 MR. MOODY: Well because, Your Honor, we're talking
22 about something that happened some 19 years ago. We're talking
23 about a man that has been, as he testified to earlier, has a
24 current medical certificate, is a member of the EAA and has all
25 of these credentials, and to go back and come into this Court
49
1 and say we're going to attack this man personally because he
2 did something back 19, 20 years ago, and we're going to
3 discredit him for that, then he should be banned from Sun 'N
4 Fun is ludicrous, Your Honor.
5 THE COURT: Well, but they seem, based on what I have
6 heard, they're supposedly well prepared to show more recent
7 incidents.
8 MR. WENDEL: That's true, Your Honor.
9 MR. MOODY: Also, Your Honor, it's hearsay. And, you
10 know, I'm not even certain that this stuff wasn't sealed at one
11 point in time according to some of the things that may have
12 been mentioned.
13 THE COURT: Well, if it was sealed, someone sure did
14 a poor job of doing it 'cause Mr. Wendel has it in his hands.
15 MR. WENDEL: We have an Administrative Law Judge's
16 order that lifts his airman's certificate because of his
17 conduct, and she specifically based that decision on the
18 testimony of psychiatrists in her Courtroom.
19 THE COURT: All right.
20 MR. WENDEL: And if that's hearsay, I don't know what
21 we're doing here.
22 THE COURT: All right.
23 MR. MOODY: 20 years ago.
24 MR. WENDEL: Yes, but we're prepared --
25 THE COURT: What is the next exhibit number, Madam
50
1 Clerk, please?
2 THE CLERK: 4.
3 THE COURT: I'll receive Defendant's Exhibit 4.
4 MR. WENDEL: Judge, in fairness to the Court --
5 THE COURT: Yeah.
6 MR. WENDEL: -- you have taken the transcript of that
7 administrative hearing. What I was reading from is apparently
8 the order which Judge Capps put out as a preliminary order and
9 I believe, Your Honor, that to make sure that the Court has the
10 proper documentation, that the Court should permit me to give
11 to the Court what I believe to be the final order as
12 interlineated by Judge Capps.
13 THE COURT: All right.
14 MR. WENDEL: We would tender that as Number 5.
15 THE COURT: All right. Go ahead.
16 MR. WENDEL: Thank you, Your Honor.
17 Your Honor, I believe that concludes our cross
18 examination.
19 THE COURT: Redirect, Mr. Moody.
20 MR. MOODY: Briefly.
21 THE WITNESS: May I have 10 seconds with my lawyer?
22 THE COURT: You're on -- you're on the stand now.
23 THE WITNESS: Okay.
24 THE COURT: Let him examine you and if later on he
25 wants to recall you, he can do that.
51
1 THE WITNESS: Okay, I'm sorry.
2 REDIRECT EXAMINATION
3 BY MR. MOODY:
4 Q. Mr. Campbell, do you know why you were ejected from Sun
5 'N Fun those three times?
6 A. The first time because a fellow weighing about 360 pounds
7 came up to me in front of three people and threatened to kill
8 me on the spot. We complained to Sun 'N Fun and they kicked me
9 out.
10 Q. Was that because you had been critical of his product?
11 A. He was associated with a ring around with a manufacturer
12 by the name of CGS who has been featured in a number of
13 articles.
14 Q. So it was because of your writing that he was so hostile
15 towards you?
16 A. Among other things, yes.
17 Q. What about the other two incidents?
18 A. The second, I was in a -- I had my right leg in an
19 immobilization cast, on one of those little funky electric
20 tricycles, when a fellow by the name of R. B. Brady who was
21 running a company called Paracinder, which had in various forms
22 had taken money from somewhere between 60 and 70 people by our
23 last count and not delivered product, and he threatened to come
24 up and kick my ass, do this, do that, and literally knocked me
25 off the scooter and onto the ground.
52
1 Q. And was that because of your critical writings regarding
2 his product?
3 A. Oh, no question about it.
4 Q. What about the last incident?
5 A. The last incident; the morning I had attempted to talk to
6 Mr. Henderson and asked him why he come up to my booth and said
7 some things to one of my girls that made her cry, and when I
8 came up to him, he was in a little golf cart and he told me
9 something, he said, he didn't have time for this shit, and
10 gunned the golf cart to the right, I was standing on the right,
11 and ran me down.
12 I left, I said something to the security people who
13 wouldn't take the complaint. I left, got some things done,
14 went into the press office for one more last run on the press
15 releases when Mr. Eickhoff came up to me, barred my way, the
16 police came up and told me I was going to have to leave.
17 Q. What precipitated Mr. Billy Henderson in coming up to
18 you, sir?
19 A. Henderson; I came up to him to ask him, as a matter of
20 fact, my only words at that point were, Billy, why do we have a
21 problem.
22 Q. And why did -- what was the problem here to your
23 understanding?
24 A. Well, we never got that far. When he had accosted the
25 people in my booth and caused Tammy to cry and everything --
53
1 MR. WENDEL: Your Honor, I object to this. Unless he
2 was personally present, it's all hearsay.
3 THE COURT: Were you present, Mr. Campbell?
4 THE WITNESS: They made a phone call from the booth on
5 the cellular phone and he confirmed that occurred.
6 THE COURT: All right, go ahead.
7 THE WITNESS: And then Tammy was crying on the phone
8 and I have a high confidence in that.
9 BY MR. MOODY:
10 Q. And so you approached Mr. Henderson about?
11 A. Yeah, just walked up to him, there was nobody else around
12 but a couple of people, it was Saturday, it was almost a ghost
13 town there on Saturday, everybody leaves and stuff, and I said,
14 Billy, do we have a problem.
15 Q. And Billy Henderson is the executive director?
16 A. Yes, he is, is the proper term, yes, sir.
17 Q. Mr. Henderson runs the show as Sun 'N Fun?
18 A. Yes, he's the boss.
19 Q. And do you and Mr. Henderson have really a personality
20 clash between one another?
21 A. We've had --
22 MR. WENDEL: May it please the Court, that has
23 absolutely no pertinence here at all.
24 THE COURT: All right, let's move on. Mr. Moody, you
25 have anything else?
54
1 MR. MOODY: Yes, Your Honor.
2 BY MR. MOODY:
3 Q. Mr. Campbell, is your magazine pretty much totally
4 reliant upon you individually? There were some questions that
5 were asked whether or not, and again, about you, your magazine
6 being allowed on premises, but not you. Would that be
7 something that would be acceptable?
8 A. Well, I'm a one man show. All my freelance writers are
9 from out of town and they're freelance. I have an editorial
10 person, but she's strictly an editor, she doesn't fly, but she
11 gets the grammar right and all. And the only one right now
12 that's doing this kind of test work, at least in the
13 experimentals, is me.
14 I have a fellow who can do some of the general
15 aviation experimental work, John Mallory or Howard Free, but
16 nobody has as much experience in the experimentals as I do at
17 this point. I don't think anybody does.
18 Q. Are you in good standing with the Experimental Aircraft
19 Association?
20 A. I had a discussion with Tom Poberezny after I sent him
21 the letter --
22 MR. WENDEL: May it please the Court, the question
23 calls for a yes or no. I wish you'd instruct the witness, Your
24 Honor.
25 THE COURT: All right. Just are you or are you not
55
1 in good standing?
2 THE WITNESS: Yes, I think we are.
3 THE COURT: All right.
4 BY MR. MOODY:
5 Q. And is the Sun 'N Fun Fly-in event, is it an EAA
6 sponsored event?
7 A. To the best of my knowledge.
8 Q. Have you ever heard any specifics other than what you
9 were cross examined on about something that happened 20 years
10 ago in the past, why you've been banned from Sun 'N Fun?
11 A. Well, first of all, Sun 'N Fun has known about the PNTSB
12 stuff for 20 years. I've discussed this with Billy, he's told
13 me I want to hear this story and that story and I've told him
14 about it. I've talked to him as much as 10 years ago about
15 this, probably a lot longer.
16 Q. And you were never banned before?
17 A. No, sir, not on that. The only time I've gotten banned,
18 per se, is the two times I have gotten clobbered or threatened
19 to be clobbered or actually gotten clobbered by Mr. Henderson's
20 go-cart.
21 Q. Now, with regard to the questioning on whether your staff
22 would be allowed to do Sun 'N Fun, in the past, how have you
23 received press credentials for getting into Sun 'N Fun?
24 A. We sent a FAX over with a list of people.
25 Q. And has Sun 'N Fun typically in the past sent your
56
1 corporation and your business, U. S. Aviator Magazine, a
2 package, a press package?
3 A. Yes.
4 Q. And did they ever send you one this year?
5 A. No.
6 Q. Would that have been customary as in the past?
7 A. We have sent them a FAX requesting all of our appropriate
8 people.
9 Q. And they never sent you anything like that?
10 A. We never received the press pack, we never received our
11 exhibit pack.
12 Q. Did you receive the booth?
13 A. No.
14 Q. The booth that you display your magazine in?
15 A. No.
16 Q. Present your marketing?
17 A. It was given to King School some months ago. We did send
18 them a number of letters saying, hey, what gives, where is it.
19 Q. So, in terms of your staff and USA Magazine being allowed
20 in, this would be somewhat with limitations and restrictions,
21 is that correct, to your knowledge, or you don't have your
22 booth?
23 A. I don't have my booth and it doesn't make much sense for
24 most of those people to be there without the booth. The only
25 thing we know is that -- well, that's probably hearsay, I guess
57
1 I shouldn't talk about that.
2 Q. Have your subscribers or readers sent you any support
3 with regard to this issue with the Sun 'N Fun event?
4 A. As of last night, 940 E-mails, FAX'es and messages for us
5 being there and 14 against.
6 MR. MOODY: That's all I have, Your Honor.
7 THE COURT: What do you want to ask?
8 MR. WENDEL: Just a couple on recross.
9 THE COURT: Just a couple. I don't generally allow
10 recross. Go ahead, just a couple.
11 RECROSS EXAMINATION
12 BY MR. WENDEL:
13 Q. Mr. Campbell, you talked about Mr. Henderson.
14 A. Yes.
15 Q. You talked about some young lady in your office crying.
16 A. Yes.
17 Q. Explain to the Court that that -- wasn't it a direct
18 result of your forging the Sun 'N Fun parking passes?
19 A. I never forged a single anything.
20 Q. Are you telling this Court under oath that you did not
21 instruct an employee of yours to take a Sun 'N Fun parking pass
22 --
23 A. No, I did not.
24 Q. Let me finish the question, please.
25 A. I know where you're going, sir. I did not forge any
58
1 passes.
2 MR. WENDEL: May I finish the question, Your Honor?
3 THE COURT: Mr. Campbell.
4 THE WITNESS: I'm sorry, sir.
5 THE COURT: Let him ask the question.
6 THE WITNESS: I know, sir, I'm sorry.
7 THE COURT: Go ahead.
8 BY MR. WENDEL:
9 Q. Are you telling the Court, sir, that you did not have one
10 of your employees go to a quick print place with the Sun 'N Fun
11 parking pass and have that pass replicated on the same color
12 and kind of stock?
13 A. I did no such thing.
14 Q. You did not distribute that reproduced pass to employees
15 of your office?
16 A. I distributed no passes to anybody.
17 Q. All right, sir. Do you have any contract with Sun 'N
18 Fun?
19 A. I'm not sure that I understand the question.
20 Q. Do you have any contract at all with Sun 'N Fun, a
21 corporation?
22 A. My understanding, and I don't know if this is an implied
23 contract or verbal contract or whatever goes, and I don't know
24 what's in the contract, per se, but my understanding is that
25 any person who has a booth the previous year has the right to
59
1 take that booth again.
2 Q. Do you have a contract with Sun 'N Fun, Mr. Campbell?
3 A. I'm assuming I do.
4 Q. Do you have it with you?
5 A. No, sir.
6 Q. Do you have any ownership of the land on which Sun 'N Fun
7 is situated?
8 A. As a Polk County taxpayer, yes, I do.
9 Q. Do you personally or does Aero-Media?
10 A. As Polk County taxpayers, I assume we do.
11 Q. Do you have a written contract in your name or in your
12 corporation's name dealing with the land used by Sun 'N Fun for
13 the Fly-In.
14 A. Outside of the airport improvement grants and so forth
15 and so on which I don't know -- there's nothing directly with
16 us, but it does affect me as a taxpayer and an airport
17 operator.
18 Q. Do you have any lease of any of the grounds occupied by
19 Sun 'N Fun?
20 A. No, sir.
21 Q. Do you have any license to use the property utilized by
22 Sun 'N Fun?
23 A. According to the Federal Aviation Administration, yes, I
24 do.
25 Q. Do you have anything in writing, sir, that has your name
60
1 on it or your corporation's name on it?
2 A. I have in writing, uh --
3 Q. You have it with you?
4 A. Yes, I do.
5 THE COURT: Mr. Wendel, that's about 10, okay. I
6 know what his status is, you don't need to ask those kind of
7 questions.
8 MR. WENDEL: Thank you, Your Honor.
9 THE COURT: All right.
10 Thank you, Mr. Campbell.
11 Mr. Moody, who else do you have?
12 MR. MOODY: I have one witness briefly, Your Honor.
13 THE COURT: How brief?
14 MR. MOODY: Maybe 10 minutes.
15 THE COURT: Who is this witness?
16 MR. MOODY: I can shorten it to five minutes.
17 THE COURT: Who is the witness?
18 MR. MOODY: The witness is a former FBI agent, Tony
19 Salemme, who I can tell the Court in essence what he's going to
20 say.
21 THE COURT: No, I want to hear from him. Bring him
22 on, let's hear from him.
23 And how much do you have? How much does Fun 'N Sun
24 have?
25 MR. WENDEL: We have one witness, the president,
61
1 Mr. Eickhoff.
2 THE COURT: How long will he take?
3 MR. WENDEL: From our side, 15 minutes -- no, excuse
4 me, 10 minutes. I misstated. We have two witnesses,
5 Mr. Eickhoff for 10, and Gary Quill, the airport manager, for
6 five.
7 THE COURT: Okay, that's fine.
8 Let me hear from this witness, and we'll take a break
9 and come back and finish up.
10 Thereupon,
11 CHARLES A. SALEMME,
12 having first been duly sworn to tell the truth, the whole
13 truth, and nothing but the truth, was examined and testified as
14 follows:
15 THE WITNESS: I do.
16 THE CLERK: Please take a seat in the witness box.
17 Please state your name and spell your last for the
18 record.
19 THE WITNESS: Charles A Salemme, S-A-L-E-M-M-E.
20 DIRECT EXAMINATION
21 BY MR. MOODY:
22 Q. Mr. Salemme, would you please state your full name and
23 occupation?
24 A. Charles Anthony Salemme, I'm a private investigator.
25 Q. What did you do prior to becoming a private investigator?
62
1 A. I was a special agent with the FBI.
2 Q. And how long were you with the FBI?
3 A. 24 years.
4 Q. Mr. Salemme, were you ever contracted to do business for
5 Mr. James Campbell and/or his corporation, Aero-Media?
6 A. I was not contracted to do work, I was asked to serve a
7 process. I'm also a certified process server.
8 Q. And what was the nature of that business?
9 A. The nature was to serve process within the 10th Judicial
10 District for the State of Florida.
11 Q. And what person were you trying to serve?
12 A. At that time, there were a couple of people. I had 12
13 people to serve in this case and all over the United States,
14 and two of which I did serve at the Sun 'N Fun Fly-in.
15 Mr. Troyer I believe was one of them and I don't recall the
16 second one.
17 MR. WENDEL: Excuse me, Mr. Moody, if it please the
18 Court, a point of clarification, I believe when he refers to
19 this case, he does not mean the instant case before the Court.
20 THE COURT: I was going to ask him; is this a
21 different case?
22 MR. MOODY: Different case, Your Honor.
23 MR. WENDEL: Totally unrelated to this case.
24 THE COURT: All right.
25 MR. MOODY: I don't know that we need to go there,
63
1 Your Honor.
2 BY MR. MOODY:
3 Q. But it was a lawsuit that you were trying to serve
4 process on someone there at Sun 'N Fun, correct?
5 A. That's correct.
6 Q. And who are the individuals at Sun 'N Fun that you were
7 trying to perfect service on?
8 A. Mr. Troyer is one of them, and I don't recall the name of
9 the first one I served.
10 Q. Now, were you treated, when you went to Sun 'N Fun,
11 differently than you would have expected to have been treated
12 based on your representations that you were there for James
13 Campbell?
14 THE COURT: Hold on.
15 MR. WENDEL: Excuse me, Mr. Salemme. Your Honor, I
16 object to the question, it calls for conclusions which are
17 absolutely not pertinent here. It's irrelevant and immaterial,
18 and I think he should simply tell what happened when he went to
19 Sun 'N Fun at the specific occasion.
20 THE COURT: Okay. He can tell, but I think it would
21 be appropriate for you to ask how do you feel you were treated,
22 but just comparisons --
23 BY MR. MOODY:
24 Q. What happened when you went out to Sun 'N Fun for
25 Mr. Campbell's business?
64
1 A. Initially, it was uneventful. I met Mr. --
2 MR. WENDEL: First of all, Your Honor, could we know
3 when it occurred?
4 THE COURT: That's a good point. When did it occur,
5 sir?
6 THE WITNESS: This was in April of 1998.
7 THE COURT: Okay.
8 BY MR. MOODY:
9 Q. Last year?
10 A. Last year.
11 Q. Was it during the Sun 'N Fun event?
12 A. Yes, it was.
13 Q. Continue on, sir.
14 A. I met Mr. Campbell to receive the processes and his
15 attorney at the press office of the Sun 'N Fun. I was handed a
16 pass in order to get me free access to the area so that I would
17 not be disruptive. I immediately contacted head of security, a
18 friend of mine, Police Officer Denny Phillips. Of course, he
19 knows me, and I told him what I was doing there, to serve
20 process, and he said fine.
21 I went ahead and served process on the first
22 individual that was identified to me by Mr. Campbell, and then
23 I tried to serve the second person who is the announcer for the
24 Sun 'N Fun Fly-In there.
25 Q. What was that individual's name, sir?
65
1 A. Mr. Troyer.
2 Q. Okay.
3 A. At that time, he was pointed out to me at the control
4 tower, the announcer's tower, so I approached there and tried
5 to serve him and he refused service, which is fine. So I was
6 going to wait for him and next thing Denny Phillips came up to
7 me and said he had been contacted by the Director saying I
8 could not serve process at the Sun 'N Fun Fly-In. Of course,
9 I'm not going to argue with the police, even though he was
10 probably out of line. I said, well, what about if a uniform
11 officer serves and he said that will be fine.
12 MR. WENDEL: May it please the Court, this is
13 hearsay. Whatever occurred between him and the police officer
14 is hearsay.
15 THE COURT: Wait a minute. This person that you were
16 talking to --
17 THE WITNESS: Yes.
18 THE COURT: -- what was his relationship to Sun 'N
19 Fun.
20 THE WITNESS: He was director of security.
21 THE COURT: Okay. I'll overrule your objection. Go
22 ahead.
23 THE WITNESS: He -- of course, I'm not going to argue
24 with him. He said a uniform officer would be fine. So I said
25 fine, I'll leave. He said -- I said, I even asked him, you
66
1 know, what if I have other processes to serve. He said that I
2 would not be allowed to serve any process during Sun 'N Fun at
3 the direction of the director. So I chose to leave, not to be
4 confrontational, and I obtained a uniform officer to serve
5 Mr. Troyer.
6 BY MR. MOODY:
7 Q. Do you, under Florida Law, know whether or not you had
8 the authority, legal authority to be on Sun 'N Fun premises?
9 MR. WENDEL: May it please the Court --
10 THE COURT: I'll sustain that objection. That's an
11 argument, I mean, that's an issue for me to decide here.
12 BY MR. MOODY:
13 Q. Were you aware -- or strike that.
14 Were the Sun 'N Fun officials aware, sir, that you were
15 there on behalf of Jim Campbell?
16 MR. WENDEL: May it please the Court, I object to the
17 question, it does not define who the Sun 'N Fun officials are
18 and it doesn't determine how they could have been aware of his
19 presence. Unless there's a predicate laid, a foundation that's
20 appropriate, it will be absolute hearsay or speculation on
21 Mr. Salemme's part.
22 THE COURT: Did you talk with anybody affiliated with
23 the Sun 'N Fun as to why you were there other than the head of
24 security?
25 THE WITNESS: No, I did not.
67
1 THE COURT: Okay. Did he know why you were there?
2 THE WITNESS: Yes, he did.
3 THE COURT: Did he know who you were serving process
4 on behalf of?
5 THE WITNESS: Yes, he did.
6 THE COURT: All Right. Move on, Mr. Moody.
7 BY MR. MOODY:
8 Q. Mr. Salemme, do you have a personal opinion, sir, as to
9 why you were not allowed to serve process there at the Sun 'N
10 Fun?
11 MR. WENDEL: Excuse me, Mr. Salemme.
12 THE COURT: Excuse me, a personal opinion as to why
13 he wasn't allowed to serve?
14 MR. MOODY: Yes, Your Honor.
15 THE COURT: The inference is clear because he was
16 there on behalf of Mr. Campbell. You don't have to ask that
17 question. It's a matter of argument, Mr. Moody.
18 MR. WENDEL: Thank you, Your Honor.
19 MR. MOODY: That's all I have.
20 THE COURT: You have any cross examination?
21 MR. WENDEL: If I may, Your Honor.
22 THE COURT: Go ahead.
23 CROSS-EXAMINATION
24 BY MR. WENDEL:
25 Q. Who gave you the pass, Mr. Salemme?
68
1 A. Mr. Campbell gave me the pass.
2 Q. Where did Mr. Campbell get it?
3 A. From the press office.
4 Q. Do you know what he told the press office about you?
5 A. I don't know what he told them ultimately; what he told
6 me.
7 Q. Do you know that he represented you to be an employee or
8 agent of his magazine and therefore you were entitled to the
9 media credential pass; are you aware of that?
10 A. No.
11 MR. WENDEL: I have nothing further.
12 THE COURT: Okay. Thank you, sir.
13 Can we excuse him?
14 MR. MOODY: Yes, Your Honor.
15 MR. WENDEL: Yes, Your Honor.
16 THE COURT: Okay, thank you, Mr. Salemme, you're free
17 to go.
18 You have any other testimony or evidence, Mr. Moody?
19 MR. MOODY: May I have just one brief moment?
20 THE COURT: Go ahead.
21 (Brief Pause.)
22 MR. MOODY: That's all I have, Your Honor.
23 (Brief pause.)
24 THE COURT: All right. Mr. Moody, it is my
25 understanding you rest your presentation to this Court?
69
1 MR. MOODY: That's correct.
2 MR. WENDEL: Shall we proceed, Your Honor? You
3 indicated before you might want to take a break at this time.
4 THE COURT: Yeah, we've been here for what--
5 MR WENDEL: We'll be happy to proceed.
6 THE COURT: No, I understand, but you're not the one
7 who's working there on that little machine. So, all right, so
8 you have two witnesses that will take about 15 minutes?
9 MR. WENDEL: I can't imagine it will take that long.
10 THE COURT: And you're going to have some cross of
11 them?
12 MR. MOODY: Yes, Your Honor, briefly.
13 THE COURT: Okay, and I guess you both want to be
14 heard from.
15 All right, let's just go ahead and take a 20 minute
16 break and come back at 12:30.
17 (Brief recess.)
18 Okay, Mr. Wendel, please call your first witness,
19 sir.
20 MR. WENDEL: Thank you, Your Honor. We'll call
21 Mr. William Eickhoff who is the president of Sun 'N Fun.
22 THE COURT: Okay.
23 MR. WENDEL: He has not been sworn.
24 Thereupon,
25 WILLIAM A. EICKHOFF,
70
1 having first been duly sworn to tell the truth, the whole
2 truth, and nothing but the truth, was examined and testified as
3 follows:
4 THE WITNESS: Yes, I do.
5 THE CLERK: Please take a seat in the witness box.
6 Please state your name and spell your last for the
7 record.
8 THE WITNESS: My name is William, middle initial A,
9 Eickhoff, E-I-C-K-H-O-F-F.
10 DIRECT EXAMINATION
11 BY MR. WENDEL:
12 Q. Mr. Eickhoff, do you have a position with Sun 'N Fun EAA
13 Fly-In, Inc.?
14 A. Yes, I do. I'm president of the Sun 'N Fun Fly-In, that
15 is a voluntary position. I serve as president and chairman of
16 the board of directors and Mr. Henderson works directly for me
17 as our executive director.
18 Q. So you head up the entire outfit, is that correct?
19 A. That is correct. During the Fly-In, Mr. Henderson also
20 acts as Fly-In director.
21 Q. How long have you been a volunteer at Sun 'N Fun?
22 A. 25 years, sir.
23 Q. Prior to being president, did you occupy any other
24 office?
25 A. I have served on the board, various offices, treasurer,
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1 various chairman positions during the Fly-In.
2 Q. Sir, are you familiar with the lease document which
3 entitles Sun 'N Fun to occupy and use certain properties at
4 Lakeland Linder Regional Airport?
5 A. Yes, I am?
6 Q. Under the lease, who controls access to the facility?
7 A. Sun 'N Fun, the director and myself.
8 Q. Under the lease, who controls security at and to the
9 facility?
10 A. Sun 'N Fun.
11 Q. Who in its sole discretion determines who is permitted to
12 have access to the facility?
13 A. Sun 'N Fun.
14 Q. Does the city, the State of Florida, or the United States
15 Government contribute any money directly to Sun 'N Fun?
16 A. No, sir.
17 Q. Is there any benefit to the airport itself that is not
18 shared by the general public?
19 A. No.
20 Q. Does Sun 'N Fun have any direct relationship with the
21 City of Lakeland other than being a lease holder?
22 A. No.
23 MR. WENDEL: That's it, he may inquire.
24 THE COURT: Mr. Moody.
25 CROSS-EXAMINATION
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1 BY MR. MOODY:
2 Q. Good afternoon, Mr. Eickhoff.
3 A. Good afternoon.
4 Q. Sir, who provides the security out there at Sun 'N Fun in
5 the way of police forces?
6 A. Sun 'N Fun has structured on a volunteer basis, we have
7 approximately 300, 350 volunteer chairmen. Under those
8 chairmen represents about 3,000 volunteers. One chairman would
9 be recognized as a security chairman. That chairman would work
10 with a city liaison which would be a Lakeland police officer,
11 it would either be Dennis Mack or Denny Phillips.
12 Q. And, sir, are you aware of whether or not there are
13 uniform police officers at the Sun 'N Fun event?
14 A. There are uniform and non-uniform officers, at least
15 eight officers -- patrol officers that provide safety security
16 during runway activities.
17 Q. Is it your testimony then, Mr. Eickhoff, before this
18 Court that these police officers that are in uniform at Sun 'N
19 Fun are not receiving any type of compensation while they're
20 there at Sun 'N Fun?
21 A. I'm sure they're compensated by the City of Lakeland, but
22 not by Sun 'N Fun.
23 Q. But they are there directly for the purpose of assisting
24 Sun 'N Fun, is that a correct statement?
25 A. As is the Sheriff's Department, the Polk County
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1 Ambulance.
2 Q. So in a way, Mr. Eickhoff, it is true that in some
3 respects, public funds are being utilized at the Sun 'N Fun
4 event?
5 A. I would say as in any other event where the security of
6 the community is a concern, the fire safety, the police safety,
7 yes.
8 Q. Okay. And are the runways that are associated with this
9 particular airport in any way utilized by the Sun 'N Fun event?
10 A. Yes, they are.
11 Q. And how are they utilized?
12 A. Take off and landing of airplanes.
13 Q. And are the airplanes on static display there at Sun 'N
14 Fun?
15 A. They are parked on lease and leased property of Sun 'N
16 Fun, yes.
17 Q. And they are part and parcel of this event, is that
18 correct?
19 A. That's correct.
20 Q. And does Sun 'N Fun participate in any air shows at the
21 airport?
22 A. Sun 'N Fun does not participate, but there are aerial
23 demonstrations and individuals that perform during wavered
24 hours.
25 Q. And that is promoted by Sun 'N Fun, correct?
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1 A. Yes, as part of the convention.
2 Q. And if it was not for these aircraft coming on the
3 premises and the air shows and the static displays, really
4 there wouldn't be much at all about Sun 'N Fun, would there?
5 A. I would disagree. Sun 'N Fun is a year round activity.
6 We have 15 staffed individuals who support facilities as well
7 as at least 200 meetings year round at the various safety
8 centers, the museum complex, the school tours, things like
9 that, so I would say it's year round, but the Sun 'N Fun Fly-In
10 event which is basically we're hosting the Experimental
11 Aircraft Association members and participants as well as the
12 general public in aviation.
13 Q. Are you aware, sir, whether or not the Lakeland Airport
14 receives any Federal funding?
15 A. I'm assuming they would, yes.
16 Q. And, sir, are you aware that there is an FAA Federal
17 Aviation Administration building on the Sun 'N Fun site
18 premises?
19 A. That is not an FAA building, it's a Sun 'N Fun building
20 leased to the FAA for their exclusive use, not exclusive, their
21 use.
22 Q. So Sun 'N Fun is leasing to the FAA on premises a
23 building --
24 A. Sun 'N Fun property, yes.
25 Q. -- in which the Federal Aviation Administration can hold
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1 seminars and conduct business during this aviation event known
2 as Sun 'N Fun?
3 A. Yes.
4 Q. Have you attended any of those seminars?
5 A. Yes, I have.
6 Q. And is it common for people from the public that go there
7 to Sun 'N Fun to attend these aviation seminars at the Federal
8 Aviation Administration building?
9 A. That's what it is there for, yes.
10 Q. And the Federal Aviation Administration building is, in
11 that seminar that's being utilized there, is funded by tax
12 dollars, correct?
13 A. The building is funded by tax dollars; are you saying --
14 Q. This seminar and employees from the FAA and all those
15 individuals --
16 A. Yes, they are.
17 Q. -- that are out there attending this event --
18 THE COURT: Don't talk simultaneously.
19 BY MR. MOODY:
20 Q. If I may, sir, finish my question and give me just a
21 moment to finish my question before you answer, but it is your
22 understanding that taxpayer funds are being used to support the
23 FAA employees that are there at the Sun 'N Fun premises.
24 They're not volunteers, are they?
25 A. I would assume so. Can I make that assumption?
76
1 Q. You're making an assumption --
2 A. Federal employees are paid by the Government, yes.
3 Q. Okay. That they're not volunteers?
4 A. No, they're not.
5 Q. Does the Sun 'N Fun encourage its participants to attend
6 these FAA seminars?
7 A. The FAA seminars and all the seminars and workshops and
8 programs, yes.
9 Q. So Federal dollars really are part and parcel to the Sun
10 'N Fun event, correct?
11 A. Not directly. Indirectly, I would say.
12 Q. You would admit --
13 A. They participate and take advantage of the facilities,
14 yes.
15 Q. Has Sun 'N Fun ever received any funds from Polk County,
16 Florida, in terms of roads that go -- lead into Sun 'N Fun or
17 are on Sun 'N Fun premises?
18 A. Not to my knowledge, no.
19 Q. Sun 'N Fun has paid for all the roads that are out there
20 on the Sun 'N Fun premises to your understanding?
21 A. On the Sun 'N Fun site, yes.
22 Q. Are you at all familiar with the Federal Aviation
23 Administration rules and regulations that pertain to
24 discriminatory practices of anyone associated with airport
25 facilities?
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1 A. No.
2 Q. Do you have any knowledge, sir, other than hearsay, as to
3 why my client, Mr. Campbell, is being banned from the Sun 'N
4 Fun Fly-In?
5 A. I have quite a bit of knowledge. Do you want me to
6 expand on that?
7 Q. Well --
8 A. I'm the one that made the decision all three times.
9 Q. Okay. Let's start with specifics. Let's start with
10 number one. What specifically was Mr. Campbell banned from Sun
11 'N Fun on the first time or ejected as your attorney called it
12 earlier?
13 A. Specify which was the first time.
14 Q. Well, you tell me, sir. You said you were the one that
15 authorized it.
16 A. The first time that I'm familiar with personally is when
17 in 1994, I believe it was, Mr. Campbell had entered into
18 activities which were inconsistent with proper guidelines of
19 working in the Fly-In environment. We had talked to
20 Mr. Campbell about the show and at that point in time, he had
21 had several confrontations and basically my decision was
22 predicated on a lot of the information I get as president of
23 that organization and I have to respond to in terms of who Jim
24 Campbell is and how he behaves himself.
25 At that point, he was having confrontation and it became
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1 a physical confrontation. We had asked Jim to separate and to
2 not engage these people. Jim went back and engaged these
3 people and therefore I asked him to leave.
4 Q. Do you have any specifics as to who that is, sir?
5 A. As to who Mr. Campbell --
6 Q. To who was making these allegations against Mr. Campbell?
7 A. Yes, the security people.
8 Q. Security people?
9 A. That are our volunteers as well as the police officer
10 involved.
11 Q. But that's all you can identify as some confrontation by
12 Jim Campbell?
13 A. Jim Campbell's activities basically have a, you know,
14 haven't been, at that point in time, it was early, it was on
15 like three or four years that we had experience with Jim
16 dealing with the participants who were either commercial
17 attendees or whoever, where Jim was interacting with them.
18 Q. Are you aware that Mr. Campbell was very confrontational
19 with these manufacturers?
20 A. Firsthand in terms of his confrontation, we have seen,
21 and that's what led to the other ejections, basically his
22 behavior has escalated in terms of his physical and verbal
23 commentaries when he is being called on the carpet, so to
24 speak, when we're saying, Jim, come on, settle down, you know,
25 don't do these things, let's settle down.
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1 Q. But you can't, other than just generally security
2 reporting these things, you can't give us --
3 A. Security and volunteers, I mean, the whole organization
4 is based on those people trying to do their jobs, and when
5 they're having to deal with people confronting each other, they
6 have to mobilize, we have to make sure that other people -- I'm
7 concerned with the safety of the individuals that are attending
8 the event, the safety of those people who, as you say, are
9 confrontational, and Mr. Campbell, I don't know what he is
10 going to do and I don't know what they're going to do. All I
11 can do is separate them and I've used caution when I have done
12 that.
13 Everytime I have ejected Mr. Campbell, I've used caution,
14 care, I talked with our attorneys, I've talked with the police
15 officers, I've warned him three times, I've asked him
16 courteously to leave several times before I made the final
17 decision. Actually, the fourth time is, officer, would you
18 please remove Mr. Campbell. I deem him as trespassing on Sun
19 'N Fun.
20 So, a couple of times, two, maybe three, it was late in
21 the day and Jim decided he was going to leave, but I mean, the
22 concerns I have is that, you may call it hearsay, but to me,
23 it's firsthand, and the perception is, is he carrying a gun, is
24 this man, you know, going to escalate in terms of his
25 activities and do things that could endanger this Fly-In.
80
1 Q. Let's talk about that for a moment. Mr. Eickhoff, you
2 mentioned that he was carrying a gun and --
3 A. I did not mention he was, I said I heard he was.
4 Q. Okay, and that is something that you considered in making
5 your decision to ban him, is that correct? Is that correct,
6 sir?
7 A. That would be one consideration, yes.
8 Q. That's a pretty egregious thing to carry a gun, isn't it?
9 A. No, I imagine people are licensed to carry guns.
10 Q. Did you ever present Mr. Campbell or afford him any
11 opportunity to explain that circumstance to you?
12 A. No.
13 Q. If it ever occurred?
14 A. I had no reason to bring it up.
15 Q. So you've only heard one side of the story, correct?
16 A. Yes.
17 Q. All right. Now your attorney mentioned a gentleman by
18 the name of Don Jones. Are you familiar with him?
19 A. Not necessarily, no.
20 Q. And he's the one that allegedly -- let me strike that.
21 How about Allen Statts?
22 A. No, I do not know that individual.
23 Q. So you don't really know the person whose name that made
24 this allegation against Mr. Campbell having a gun on the
25 premises?
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1 A. No.
2 Q. You aware that Mr. Allen Statts is a disgruntled employee
3 of Jim Campbell's?
4 A. I said no, I don't know.
5 Q. You don't know?
6 A. No.
7 Q. That was one of your reasons for banning him?
8 A. Correct.
9 Q. You don't know if it's true or not, never been
10 investigated, correct?
11 A. To the best of my knowledge, no.
12 Q. Right. And your attorney mentioned something with
13 Mr. Campbell tampering with an aircraft. Was that also --
14 A. Did I mention that, no, I didn't.
15 Q. No, your attorney, you were here for that?
16 A. Yes.
17 Q. Did you hear that testimony?
18 A. Yes, I did.
19 Q. And did you use that in any way in formulating your
20 decision to come to the conclusion --
21 A. Not at that time, no.
22 Q. Okay, but at some point you did use that?
23 A. It became hearsay, part of the general conversation.
24 Q. Are you aware of the individual that made that complaint?
25 A. No.
82
1 Q. If I told you it was a convicted felon, would that
2 concern you?
3 A. Would it concern me?
4 Q. Yes.
5 A. Is he on the loose or I mean --
6 Q. Well, if I told you it was man by the name of Don Jones
7 who has been convicted of felonies --
8 MR. WENDEL: May it please the Court, I object to
9 this line of questioning. In essence, Mr. Moody is testifying.
10 There's nothing before the Court, evidentiary -- in evidentiary
11 fashion that allows you to hear the fact that he is or is not a
12 convicted felon and what's the materiality of it anyway.
13 MR. MOODY: Your Honor, if I may, the reason --
14 THE COURT: Well, it's relevant in the sense that
15 when someone gets on the stand and says they're a convicted
16 felon, I can tell the jury that they can consider that in
17 assessing the person's credibility -- excuse me, Mr. Wendel --
18 and obviously, as I understand it, Mr. Eickhoff is basing his
19 ultimate determination on all these things he heard including
20 the tampering with an airplane.
21 Is the man a convicted felon or not?
22 MR. MOODY: Yes, he is.
23 THE COURT: Do we know? Do you know, Mr. Wendel?
24 MR. WENDEL: I don't know, Your Honor. I wonder what
25 the relevancy -- we don't know if he received a pardon, you
83
1 know, if he is a convicted felon and where do we go from there.
2 THE COURT: Hold it, hold it.
3 Did you rely on this incident or your knowledge of
4 this incident?
5 THE WITNESS: No, Your Honor, I did not.
6 THE COURT: Well, let me ask you and why don't we cut
7 to the chase. Why at this particular point in time -- or
8 excuse me -- where's the letter.
9 I have before me Defendant's Exhibit Number 1,
10 Mr. Eickhoff, which is a letter that was sent by certified
11 mail, return receipt requested, by Mr. Wendel, the attorney for
12 Sun 'N Fun, to Mr. Clager, who I assume is the attorney for
13 Mr. Campbell, telling him, Mr. Campbell will not allowed on the
14 premises, all right. And I didn't see a copy going to you.
15 You ever seen this letter?
16 THE WITNESS: Yes, I have.
17 THE COURT: Okay. Did you have any input in this
18 drafting of this letter?
19 THE WITNESS: I will assume, yes, I did, in my
20 conversations with Mr. Wendel.
21 THE COURT: Did you direct this letter be sent?
22 THE WITNESS: Yes, I did.
23 THE COURT: Tell me why you directed that this letter
24 be sent. In essence, tell me what motivated you to prohibit
25 Mr. Campbell from coming into the Sun 'N Fun this year?
84
1 THE WITNESS: This year, Your Honor, was based and
2 predicated on what had happened at the last Fly-In where the
3 trespass was issued, had made the decision to pretty much draw
4 the line in the sand. His behavior in the past, he has created
5 several incidents where he's fallen down and blamed us for
6 running over him. He's chased participants around with a
7 camera, and the individuals where he has had these
8 confrontations, it's been escalating.
9 THE COURT: All right. Now, did you observe any of
10 this yourself?
11 THE WITNESS: Yes, I have, Your Honor.
12 THE COURT: What did you observe specifically and
13 when?
14 THE WITNESS: Specifically?
15 THE COURT: Uh-huh. (Indicating affirmatively.)
16 THE WITNESS: Specifically, in terms of dealing with
17 Jim, after the fact, and in my talking to him to ask him to
18 leave. At that point in time, those conversations would
19 escalate into profanity and threats to myself and the law
20 officers that were dealing with the issues. Jim could have
21 left for that day and settled things down and let the thing
22 calm down, but he's never done that, you know, other than
23 before we got into those kind of conversations.
24 I have seen specifically an incident where Jim was
25 dealing with an individual that claimed -- the individual and
85
1 his wife claimed he had heart problems. And she says, keep
2 that man away, he's just -- he's bothering us, he continues to
3 do that.
4 I get brought into these things, Your Honor, after
5 it's gone through the volunteers, after the security people
6 run. There's such a concern in terms of how people deal with
7 an individual like Mr. Campbell that they're afraid to do their
8 jobs, and so I have to intervene at that point, and even when
9 I'm making that decision, I'm seeking counsel, legal counsel as
10 well as the security, and so when I take these steps, I take
11 them very deliberately.
12 THE COURT: Okay. Go ahead, Mr. Moody.
13 BY MR. MOODY:
14 Q. So you can't name us any specifics that you have actually
15 personally observed?
16 A. I just did.
17 Q. When you --
18 A. The incident where --
19 THE COURT: Excuse me, listen, Ms. Fry cannot
20 accurately record this hearing. You ask the question, you
21 answer it, let's not overlap, go ahead.
22 BY MR. MOODY:
23 Q. Did you not say, Mr. Eickhoff, that specifically you
24 would confront Mr. Campbell after the fact?
25 A. Generally, yes, but the Judge here had asked a specific
86
1 incidence and I was there when I saw Mr. Campbell confront the
2 individual with the scooter and that had a heart problem.
3 Q. And in essence, what you saw was that --
4 A. That was in the past, that was not at this last Fly-In.
5 Q. How many years ago was that?
6 A. I assume probably around '94.
7 Q. And are you aware of any of the relationships between
8 that party and Mr. Campbell when --
9 A. No, I'm not.
10 Q. You're not aware of whether Mr. Campbell had written
11 something negative about that person in one of his magazines?
12 A. No.
13 Q. Are you aware that the individual, Mr. Don Jones, that
14 apparently reported Mr. Campbell tampering with an aircraft was
15 an individual that Mr. Campbell had targeted because of the Max
16 Air Kit which had killed numerous individuals?
17 A. I'm not aware of that.
18 Q. And you're not aware of the nine millimeter incident that
19 that person had reported that was a disgruntled employee of
20 Mr. Campbell?
21 A. No, I'm not aware of that, no.
22 Q. And are you aware that the pass incident that we talked
23 about, the pass, as to whether or not he had valid passes to be
24 on the premises, was that parking pass incident where
25 Mr. Campbell fired an employee as a result of that?
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1 A. I'm not aware of the firing, I am aware of the --
2 Q. Now, other than seeing Mr. Campbell, after the fact, in
3 having a confrontation with him where he apparently used some
4 profanity, do you have one specific thing that you can name
5 that you observed personally that Mr. Campbell did that would
6 warrant his expulsion from the Sun 'N Fun Fly-in?
7 A. I believe that decision was made, one, based on history,
8 but did I see him personally do these things in terms of
9 fraudulently, you know, forge passes and get press credentials.
10 No, I didn't see that personally, but I have to rely o |