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BEFORE THE NATIONAL TRANSPORTATION SAFETY BOARD
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In the Matter
of:
:
:
LANGHORNE M. BOND,
ADMINISTRATOR,
: Docket Number
FEDERAL AVIATION
ADMINISTRATION,
: SE-4661
Complainant,
:
:
- against - :
:
JAMES RICHARD
CAMPBELL,
:
Respondent. :
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Tuesday, November 18, 1980
26 Federal Plaza, Room 208
New York, New York
The above-entitled matter came up for hearing pursuant to Notice
at 9:15 a.m.
BEFORE: The
HONORABLE JOYCE CAPPS, Administrative Law Judge.
APPEARANCES:
For the Administrator:
SHARON HAUSELT, ESQ.
Federal Aviation Administration
800 Independence Avenue Southwest
Washington, DC 20591
For the Respondent:
JAMES RICHARD CAMPBELL
41 Stone Fence Road
Oakland, New Jersey
I N D E X
FUR. FUR.
WITNESS
DIRECT CROSS REDIRECT
RECROSS RD. RC.
Sandra
Taylor
33
58
80 82
Thomas
Powers 84
(Cont.)
133
162
181
183 184
Barton
Pakull
187 202
James Campbell
209 224
E X H I B I T S
EXHIBITS
NO.
FOR IDENTIFICATION IN EVIDENCE
Administrator's No.
1 5
Administrator's No.
2
103
103
P R O C E E D I N G S
JUDGE CAPPS: This opens the
hearing in the matter of Langhorne M. Bond,
Administrator, Federal
Aviation Administration, Complainant, versus
James
Richard Campbell,
Respondent, docket number SEÄ4661.
My name is Joyce Capps, the
Judge who's been assigned to hear and
decide
this case.
Will counsel for the
Government represent herself, please.
MS. HAUSELT: Sharon
Hauselt, H-A-U-S-E-L-T, 800 Independence Avenue
Southwest, Washington, DC
20591.
JUDGE CAPPS: Sir, you are
Mr. James Richard Campbell, the Respondent
herein?
MR. CAMPBELL: Yes, ma'am, I
am.
JUDGE CAPPS: And you have
no counsel?
MR. CAMPBELL: No, ma'am, I
couldn't afford it.
JUDGE CAPPS: all right, the
Government does have the burden of proof in
this case. Do you
wish to give an opening statement?
MS. HAUSELT: Your Honor, I
have a couple of preliminary matters and
then I
would give an opening
statement.
JUDGE CAPPS: All right,
I'll entertain some preliminary matters.
MS. HAUSELT: The first one
is I never received any information from Mr.
Campbell with regard to a
discovery request, so at this time I'd like to
know if he intends to put
any witnesses other than himself.
MR. CAMPBELL: No, I do not.
MS, HAUSELT: Also, Your
Honor, prior to giving my opening statement I
would
like to introduce into
evidence the record so that as I'm speaking, you
could refer to the record.
JUDGE CAPS: All right. Is
this the packet of medical evidence and
applications that are
involved in this particular case?
MS. HAUSELT: Right. I never
certified a true copy of Mr. Campbell's
medical
records which also includes
copies of all his Interim Certificates, and
I
would offer them as
Administrator's Exhibit No. 1.
JUDGE CAPPS: All right. Mr.
Campbell, have you seen this document?
MR. CAMPBELL: I believe
I've seen most of them.
MS. HAUSELT: I have a copy
for Mr. Campbell.
JUDGE CAPPS: All right.
I'll take it and mark it - This is the standard
packet of documents that
comes into every medical case. The reason I ask
you to obtain a copy of it
is usually a copy is furnished to the
Respondent
in the case, and I want to
make sure that was done.
MR. CAMPBELL: I requested
my file sometime ago and I didn't receive it.
I
believe that's all the
information that's been gathered up until this
point.
JUDGE CAPPS: All right.
(Whereupon, the document described was marked
for
identification as
Administrator's Exhibit No. 1.
JUDGE CAPPS: Are you a
member of the Bar? Are you an attorney?
MR. CAMPBELL: No, ma'am,
I'm not.
JUDGE CAPPS: All right. Let
me caution you to this, Mr. Campbell. You
have
no attorney representing
you, but yet I want everything that goes on
during
these proceedings to be
fully understood by you. So, therefore, if
anything
occurs throughout this
proceeding that you don't fully understand, don't
hesitate to ask me to
explain it. I'll be happy to do it. I want to do
it,
because this is your day in
Court, and I want you to fully understand
just
what is occurring as far as
procedure is concerned, because you're not
being a lawyer, you know,
some of these things might be new to you. But
I
want to assure you that
things will be conducted according to the
accepted
modes of procedure around
here, as long as I'm sitting up here.
MR. CAMPBELL: Thank you.
JUDGE CAPPS: Now, don't be
shy about it. You just pipe right up if
you've
got a question. All
right, now, what we're doing now is what
occurs in
every trial. Both sides
have a chance to get up and tell the Court what
their evidence will show;
their theory of the text; they're showing what
evidence they've got to
support the allegations they have made.
You will
have the same opportunity
to explain to me what you will put forth by
way
of evidence to convince me
of your side of the case. Now, this is called
opening statement.
I'm going to hear the opening statement of the
person
having the burden of proof
here, which is the Government.
MS. HAUSELT: Judge Capps,
as I speak, I'm going to refer to the record,
and
I will try to give you the
page numbers because it's quite a long and
lengthy record, and we're
talking about a period of time here, I believe
going back as far as 1974.
First of all, the section
that we're dealing with, as you know, is a
personality disorder which
has been severe enough to have manifested
itself
by repeated overt acts and
by that the term, personality disorder,
you'll
hear testimony from Drs.
Pakull and Dr. Powers indicating that a
personality disorder is a
deeply ingrained maladaptive pattern of
behavior.
So, what we're talking
about here is not just an occasional lapse that
any
person might have. We are
talking about a pattern of behavior that has
repeated itself over a
period of time, and it's something which is a
serious mental illness, and
because of that has been found to be a
specifically disqualifying
trait under the Regulations.
Now, there's two parts to
what we have to show. We have to show you that
there's a personality
disorder and, also, that it is of such a nature
that
it's severe enough to have
manifested itself by repeated overt acts, and
we'll be going into quite a
bit of detail of over twenty different
episodes
in time, which we will
offer as the overt acts.
Just speaking to the file
itself, and sort of the chronology of the
events
here -- Mr. Campbell, I
believe, graduated from high school in 1974 and
from information which he
gave Dr. Powers -- Dr. Powers is a
psychiatrist
who saw him at FAA request.
Now, from information that we received from
Dr.
Powers, following high
school Mr. Campbell went out to Colorado, so that
would be sometime in --
sometime in the summer of 1974. He remained
there
for approximately a year
and a half. Having a problem with a personal
relationship which he
related to Dr. Powers, he then returned to his
home
in New York City and lived
with his parents. In November of 1977, Mr.
Campbell attempted to jump
off the World Trade Center in New York.
However,
he was stopped by the
guards at the top of the World Trade Center, and
he
was not able to complete
the jump, and at that time he was arrested. He
was
attempting to parachute
jump, I may add. And that is documented -- the
arrest, itself, is
documented on pages 94 through 101, which includes
his
arrest record in New York
State.
In the Fall of 1978,
approximately the month of October, November and
December, Mr. Campbell
resided in the area of Tulsa, Oklahoma, and at
that
time, and I refer Your
Honor to pages 46 and 47 -- Mr. Campbell
presented
himself to friends and
acquaintances as a doctor, and, in fact, was
giving
friends and acquaintances
drugs, and these people complained to the
authorities and that is how
this problem came to light.
Following that escapade,
the authorities found out about it, and rather
than put him in jail or
arrest him they requested that his family return
him to New Jersey where he
could receive psychiatric care. He
did, in
fact, return to New Jersey
with his father, where he underwent
psychotherapy for about
five months, about January to May of 1979,
receiving treatment from a
Dr. Dorsey, who was recommended to Mr.
Campbell
by his grandfather, who is
a doctor. And Dr. Dorsey's report is
included in
-
JUDGE CAPPS: Dr. who?
MS. HAUSELT: Dorsey,
D-O-R-S-E-Y. And his report is included on page 54.
Mr. Campbell, then, in May
of 1979, went to the area of Atlanta, Georgia
where he was employed by
Brown Aviation, Incorporated, and we have
information in the file on
page 36 from a Mr. Brown indicating that for
the
first two months Mr.
Campbell was an ideal employee and he had no
complaints whatsoever with
him. However, in about the third month of his
employment his mood began
to shift quite frequently and he was -- Mr.
Brown
caught him in a number of
fabrications and stories which were
preposterous
and untrue.
He was subsequently fired
from that position, and at that time, or
shortly
thereafter in September and
October of 1979 Mr. Campbell turned up in
New
Hampshire, and there he
received employment from Nashua Aviation in
Nashua,
New Hampshire and that is
how Inspector Taylor, who will be testifying,
came to meet Mr. Campbell.
While employed by Nashua Aviation, he was
also
temporarily employed by
Daniel Webster College, which is a small college
nearby.
While in New Hampshire, Mr.
Campbell indicated that he was qualified in
a
variety of areas, including
being a stuntman, being a member of the
Screen
Actors Guild, having
formerly taught in the Aircraft Owners and Pilots
Association Ground School.
All of those claims were subsequently proved
to
be false. He also attempted
to start up a parachute club while up in New
Hampshire, and in
relationship to his employment at the college, and at
that time he indicated he
was qualified as a parachute rigger, which,
under
the Federal Aviation
Regulations is regulated, and you do need a
certificate for that. He
did not have such a certificate.
JUDGE CAPPS: Is he a
parachute -
MS. HAUSELT: Parachute
rigger.
JUDGE CAPPS: Rigger ?
MS. HAUSELT: You have to
pack parachutes.
JUDGE CAPPS: What was his
employment at Webster College ?
MS. HAUSELT: He was
employed to teach, I believe, courses relating to
ground school type courses
-- meteorology and some flying. He was also
doing some flight
instructing at Nashua Aviation . During the
time he was
attempting to set up this
parachute club, he also claimed to be a
certified
jump instructor, which is
something regulated by the U. S. Parachute
Association. He claimed to
be affiliated with them. In fact, he was not
current at the time he was
attempting to set up this program for
parachuting. And a variety
of other problems came to light, including
the
newspaper article which I
referred to on page 46 and 47, which is the
account of his masquerade
as a doctor in Oklahoma.
That article came to light
on the campus at Daniel Webster. His
qualifications were
subsequently brought into question and also due to
that
question, various other
discrepancies in his record turned up in
addition
to those that I have
mentioned with regard to teaching and not being
qualified as a parachute
rigger, and various other claims made to other
people .
About this time the FAA got
wind of a question with regard to Mr.
Campbell's medical
qualifications for a first class, in particular,
medical
certificate, and Dr.
Cahill, who is the Regional Flight Surgeon in New
York, requested some
information from Mr. Campbell, and at that time Mr.
Campbell was -- around this
time Mr. Campbell was fired from Daniel
Webster
and told people in the area
he was leaving to go to Florida.
He subsequently turned up
in California where he managed to get
employment,
again, with Webster &
Piper Sales in Fresno, November of 1979, and
in the
record there's a letter
from Dianne Stuart of Webster & Piper Sale
indicating problems, which
again surfaced with Mr. Campbell's
employment,
concerning false
representations of qualification.
JUDGE CAPPS: When was this
employment?
MS. HAUSELT: This
employment was November of 1979 up through about
January
16th, 1980. Various
claims were made by Mr. Campbell in the area
of stunts
and airman certification
which were untrue. Stories surfaced with
regard to
his past, and a tragedy
having occurred in his past which he claimed,
which
were untrue. There
were problems with his teaching, and he was
also
questioned as far as having
taken certain items from the company, so he
was
fired, again, from Webster
& Piper Sales. And, he then
managed to talk
himself into another job in
Nappa, California, where he was employed in
February -from February 4th
to approximately February 29th, 1980.
And, while there, the FAA
had finally accumulated and traced down all of
these various leads and
stories that had been going on from one side of
the
country to the other, and
at that time his medical certificates were
suspended for failure to
provide, and, subsequently, on receiving more
information from him and
having him evaluated by Dr. Powers, the FAA
issued
an Order of Revocation
which is the subject of this hearing today.
I'd like to point out to
Your Honor that in a case of this type it is
just
virtually impossible for
the FAA to subpoena all of the people who have
indicated that various
stories and lies and behaviors of Mr. Campbell's
were abnormal, but there
are letters from all of these people in the
file,
and I have spoken to them
myself, personally, as has Miss Taylor.
JUDGE CAPPS: Who is Miss
Taylor?
MS. HAUSELT: Miss Taylor is
an Inspector from New Hampshire, GATO
Inspector, and she'll be
testifying for the Administrator.
Your Honor, I would just
caution you at this point that part of the
personality disorder --
part of the problem we're speaking of here is a
very adaptability to lie,
and through the testimony of Dr. Powers, Dr.
Pakull and Miss Taylor I
will attempt to show the variety of
inconsistencies which
appear in this file, and, also, Mr. Campbell is
not
just here because he
fabricates stories. We're talking about some
stories
which have gone beyond the
bounds of just a little white lie. We're
talking
about stories such as
pawning oneself off as being capable of rigging
parachutes for other
people, when one is not qualified, such a claim
being
something which could
severely injure another person.
Also, we're talking about
making a claim of being a doctor when one is
not
qualified, and issuing
drugs and whatnot; offering one's assistance to
people in need of medical
when one is not qualified. So, we're talking
about a situation where a
person consistently puts himself in a
position of
being unable to resist the
impulse to fabricate a story in order to
improve
or to build up a grandiose
self image, and this is not something which
is a
mere personality trait
which can be considered fleeting. This is
something
which is an integral part
of Mr. Campbell's character. By that I mean
it is
a severe personality
disorder, and the various episodes around the
country,
I think, will support the
fact that there have been many overt acts in
this
case.
JUDGE CAPPS: Mr. Campbell,
under the normal rules of courtroom
procedure,
you are entitled to give
your opening statement now, or, you can do
what we
call reserve opening
statement. That means let the Government put on
their
case; They've got the
burden of proof; let them put on their case, and
then, when they have
rested, we turn to you and you can give your
opening
statement. It's up to you,
whichever you prefer. Do you wish to give it
now
or to reserve?
MR. CAMPBELL: I will give
mine now.
JUDGE CAPPS: All right.
MR. CAMPBELL: First of all,
I take -- I personally disagree with quite a
few statements, both
contained on the written record, and exemplified by
Ms. Hauselt. At any rate,
first of all, the history up until, I would
imagine Christmas of '78, I
imagine -- in other words it's up until my
departure from Tulsa,
Oklahoma, is substantially correct except for a
few
factors.
Specifically, number one, I
left Oklahoma of my own free will,
unbeknownst
to me at the time that the
authorities were aware of my activities.
Number two, the authorities
did not alert my parents to the problem.
Excuse
me, my grandfather was
first alerted to the problem by a young lady I
was
familiar with, and at that
point, as a matter of fact, it was the
evening
of Christmas. My
grandfather explained to me what was happening; that
this
was abnormal and aberrant
behavior and that he would like to see
something
done, at which point plans
for my return to Tulsa, Oklahoma were
canceled.
The very next day we found
out that the police were aware of the
activities.
Yes, I did represent
myself, at times, as a physician; at times as a
medical student, and so
forth. To the best of my knowledge I did not
dispense any type of -- I
don't know what the proper word would be -- a
drug that would have to be
prescribed. I did, at one period of time,
give
several Tylenol capsules
marked as Tylenol, in a Tylenol bottle, to a
young
lady at the airport, while
I was learning to fly at the time.
The article from the Tulsa
World, I believe, appeared after,
approximately
two weeks, maybe three
weeks after my departure from Tulsa. My father,
in
an attempt to find out what
had happened and to clear up matters in
Tulsa,
flew to Tulsa, met with
this young lady who had alerted my grandfather
of
the problem; Tulsa met with
a representative of the Tulsa PD, at which
time
it was apparently agreed
upon that they would let matters lie where they
were and I would receive
psychiatric care.
You have to excuse me -
it's a little slow -- it's kind of hard to make
up
as you go along. I really
wasn't prepared for this today. At any rate,
at
that point my father
gathered up a great majority of my possessions,
made
disposition of a few
others, specifically an old car and so forth, and I
left Oklahoma with the
understanding that nothing would be done by
Tulsa PD
as long as I didn't show my
face there again, so to speak, and this was
a
quote from one of the
detectives. Now, the article in the Tulsa World
contained quite a few
inaccuracies, although the basic content is
correct.
Following Tulsa, Oklahoma I
left to go home, stayed at home from
approximately two days
before Christmas to May of, I guess that's '79,
and
received some care from a
Dr. Dorsey of Hopewell Junction, New York.
There
were not a great deal of
sessions. I did gain quite a bit, but frankly I
don't feel that a lot was
done; more my fault than his. Dr. Dorsey is a
rather outstanding
physician -- his qualifications certainly bear that
out.
I received also a great
deal of care, and I think the majority of help
from
my grandfather. My
grandfather is a physician with a rather outstanding
psychiatric background,
although he is not Board certified. He did run a
psychiatric hospital for
the Army during World War II and held several
high
offices with the AMA in New
York State. As a GP, also, I think he had a
rather rare, but vital
insight into the nature of the human mind. I have
continued that consultation
with him throughout the past several years,
and
my opinion has been -- well
has produced the greatest benefit thus far.
In May of 19 -- I don't
think it's '79, but at any rate -- May that year
when I left to go down to
Perry, Georgia, I went first to Opeloca
Airport
in Florida on a package
deal for the CFI and Double I rating; found out
that they had changed their
prices and was in the process of returning
home
because I could not afford
the rates. On the way back I stopped in at
Perry, Georgia. I had
spoken to Mr. Brown on the phone. He had stated
the
fact that he was an
Examiner qualified to designate Certified Flight
Instructor of Airplane
Instrument Multi-Engine. I stopped in. After a
period of time with him,
explaining my difficulties and so forth, he
put me
up in a small trailer there
and volunteered to give me the instruction
necessary for the rating
and to give me the check ride.
A friend of his, who was a
Principal of the local school and a certified
flight instructor, Mr. Bob
McLendon, rendered instruction, as did Mr.
Brown, and Mr. McLendon
recommended me for Certified Flight Instructor
rating. At the time I was
made aware of the fact that Mr. Brown had gone
through quite a large
amount of flight instructors in the previous year
--
I believe at least a half a
dozen. There was a flight instructor there
at
the time, who was also in
the process of leaving. He was part-time,
working
at Warner Robbins Air Force
Base.
Shortly after I came on,
also another flight instructor at the time,
John
Williams, came onto the
staff. Mr. Williams brought me a great deal of
experience and a great deal
of insight into the nature of aviation and
how
the so-called system worked
while I worked there, and for the first
few months things were
fairly good, despite the fact that I did refuse
several flights by Mr.
Brown, considering the fact that his 135
Certificate
was dropped, and these were
of an air-charter nature. I had also found
myself in extreme disfavor
just after July 4th -- I don't know the exact
date -when his daughter
eloped with one of my students. Mr. Brown
accused
me of knowing about the
situation, which was true, but only thirty
minutes
before the actual wedding,
by which time I believe Jim knew. I
really
don't know for sure; I do
know he was aware very shortly, via phone
call,
of his daughter's impending
wedding. Quentin, the gentleman who married
his
daughter, had just received
his private license, as recommended by me
several weeks before. From
that point my situation in regards to Mr.
Brown
went steadily downhill.
Mr. Williams, the other
flight instructor in residence, also had a great
deal of problems concerning
policy, concerning pay, concerning promises
that were not kept and were
not -well, they had made arrangements,
specifically, for a raise
in pay which did not develop until
approximately
a month later, although he
did come through on it, and I believe Mr.
Williams was also asked to
fly a few flights that would come more under
135
than 91, and Mr. Williams
refused. I believe his quote is, "I'm not
giving
my ticket to anybody."
I developed a rather strong
friendship with Mr. Williams. He gave me a
great deal of aid and help
in obtaining my Certified Flight Instructor
Instrument Airplane, and
during the latter part of August I had started
making phone calls,
specifically with the idea and intention of leaving
Brown Aviation. Now, Nashua
Aviation, my employer afterwards, can bear
this
out -- that I did make
contact with them in early and late August. As a
matter of fact, going as
early as June, with the possible intention of
finding employment.
Eventually, I believe, I spoke to Gary Stuart on
both
occasions prior to my
leaving Brown, and he had indicated, "Come on up,
we
need instructors", and, in
fact, when I did arrive there, they were also
still short at the time
with the school semester already starting.
I gave Mr. Brown what I
thought was going to be two weeks notice. He
thereby informed me he did
not want me around. Now, I quit. I have
witnesses to that effect. I
can produce statements. You just have to
give
me time, and this is, I
think, easily verifiable; just a matter of
tracking
the people down.
Also, and this is something
I cannot prove, but I'm going to enter it
anyway -- Mr. Brown
produced additional evidence of the fact that I had
been doing nasty things
behind his back, simply because he had
recordings
of his phone -- excuse me,
of conversations made on his telephone.
JUDGE CAPPS: What type of
conversations? Seeking other employment?
MR. CAMPBELL: Seeking other
employment; conversations with the Pastor
of my
church; conversations with
my parents; conversations with friends; he
had
two lines, and apparently
one of them had a full-time tape recorder on
it.
In fact, he played back a
recording I had with my Pastor which was
rather
shocking. I don't know,
really, how to prove that, because he said that
if
I disappeared and didn't
give him anymore trouble, he was going to
"destroy
them". At any rate -
MS. HAUSELT: I realize that
Mr. Campbell's not a lawyer and doesn't
understand that a lot of
this would be of the nature of testimony
which, I
believe, should be given
under oath, and I would prefer if he could just
summarize and then give the
details of his testimony while he's under
oath.
JUDGE CAPPS: Yes, that's
true. Except so much has gone on, and this
appears
to be the easiest way for
him to do it. I may be able to ask him, when
he's
under oath, if his
testimony would be the same as the opening
statement, in
narrative form.
MS. HAUSELT: I'd prefer to
have it under oath at some point.
JUDGE CAPPS: Well, okay,
we'll have to go through all of this, then. Do
you
want to shorten it up?
MR. CAMPBELL: Yes, ma'am,
if that would help the proceeding.
JUDGE CAPPS: Yes. Just tell
me, generally, what you're going to show by
way
of proof.
MR. CAMPBELL: Brown
Aviation -- I resigned. He told me to leave
immediately, otherwise he
had threatened me with arrest, and I did, in
fact, leave, by motorcycle
from Perry, Georgia to Nashua, New Hampshire.
I arrived in Nashua, New
Hampshire the first week of September. I
assumed
employment shortly
thereafter, employed both as a flight instructor for
Nashua Aviation and Supply
Company and for Daniel Webster College.
During this period of time
I felt I had represented myself in an honest
and
fair manner, although,
frankly, and things had followed me along from my
background that were very
hard to explain, and frankly I had to go along
with what I had said in the
past, whether or not it was true. These
statements, I felt, were of
a minor nature. Anything else that I thought
was of major nature I
corrected in the best way possible. Frankly, to
save
my stature, and I guess I
really don't know the words -- save my pride,
more likely.
I worked at Nashua Aviation
and Supply Company uneventfully and with a
great deal of support from
my students and from most of the people I
worked
with, for several weeks, at
which time a copy of the article that had
appeared in the Tulsa World
appeared, first, on campus, at Daniel
Webster
College, and then at Nashua
Aviation and Supply Company; the people at
Daniel Webster College had
supplied Nasco with that article. It was
given
to the Chief Flight
Instructor. At a flight instructor meeting
afterwards
he asked, "Is this you?"
and I said, "Yes, it is." I offered what I felt
was my justification at the
time. He said, "Well, until something else
happens, just keep on
going". At the time, they were happy with my work,
and for somebody to keep me
after seeing an article of that nature, I
was
rather flattered that they
had that much confidence.
The situation was extremely
difficult -- the situation was extremely
confusing and culminated,
eventually, in the appearance of the FAA and
two
people, a Ms. Taylor, and
another gentleman who I'm afraid I don't
remember
his name. We did have a
discussion; I presented log books, my side of
the
story and so forth. Several
days later Dr. Cahill from the New England
Region -- I believe he's
the Flight Surgeon, showed up at Nasco with a
letter stating in effect,
and I'm paraphrasing, we find that you may or
may
not be qualified to hold a
medical certificate. This letter also stated
he
had received, on October
10th, the date of this letter, that he had
received information from
Dr. Dorsey. Dr. Dorsey's first communication
to
Dr. Cahill came two days
later -- October 12th. The letter from Dr.
Dorsey
was rather short, rather
sparse, and apparently this was intentional.
Dr.
Dorsey was not aware of how
much information was required.
When Dr. Cahill had
presented himself at Nashua Aviation and supply
Company, he had said to my
Chief Flight Instructor that I am grounded.
He
had said specifically that
this letter grounded me, period. And he told
Steve Rachelson that I was,
in effect, grounded, although this letter
seemed to indicate
differently. It only cast doubt; it was not an actual
suspension or revocation as
far as I can see. I left the Nashua Aviation
and Supply Company. I left
Daniel Webster College, rather upset, greatly
troubled, and specifically
with the idea of finding employment somewhere
else and raising enough
money to get the evaluations and/or the
treatment
anybody felt I needed.
Frankly, at the time, I didn't feel that I did,
and
that situation has since
changed.
I had said to various
people that I was heading south, west, east,
overseas, whatever was the
case, specifically to throw them off the
track.
Specifically I did not want
anybody to know where I was going, because
Tulsa had already followed
me to Nashua and I was going to be damned if
I
was going to let anything
else spoil things while I was trying to
rebuild
what had already crumbled.
I had left for California after receiving a
tip
from a gentleman who had
instructed me for my Multi-Engine Instructor's
Certificate, about Western
Piper and Fresno, California. I spoke to Mr.
Dale Ewell on the phone.
Mr. Ewell said, "Fine, we need an instructor".
Mr. Ewell also said that he
could get me out there by carrying a couple
airplanes from Harrisburg,
which was where they were keeping several
dozen
Tomahawks, to Fresno, and
eventually San Jose. This I did.
JUDGE CAPPS: This is
Harrisburg, Pennsylvania'?
MR. CAMPBELL: That's
correct. That's where the departure was for
California. I eventually
carried two Tomahawks from Harrisburg to
Fresno.
I
arrived in Fresno; was
told I would be getting $1,000 a month, a
minimum
of 100 hours flight time,
various benefits and so forth. This was not
to be
the case. My employment for
Western Piper was rather difficult. I had
some
immediate problems with
another flight instructor, ego problems,
frankly.
We did not get along. At
first I took quite a liking to the secretary,
Dianne Stuart, which later
turned into tolerance, I imagine the word is.
Mrs.
Stuart and I have very
divergent views on morality and so forth. I
did
not get along with her, not
in the slightest. Also, at Western Piper
things
were catching up with me. I
was really running, frankly. Stories were
popping up; some were too
embarrassing to specifically deny, and as a
result I had to agree with
them and say, yeah, yeah, and drop it; not
the
case -- did not work that
way.
Through an ad that appeared
in the Fresno Bee, I believe, a daily
newspaper, there was an ad
for flight instructors promising a rather
large
salary at the time for a
flight instructor, in Nappa, California. I
made an
appointment to go up and
speak to the people at the International Air
Service Company. At that
time I went up and was interviewed, I was
given a
flight check with one of
Japan Airlines Captains, and the Chief Flight
Instructor for the
International Air Service Company, and I passed it.
However, the check ride
itself was simply an introductory. I was given
almost not quite a month's
training in addition to the check ride, to
prepare me to be a flight
instructor for Japan Airlines. I left -- I
quit,
actually, about the same
time I was about to be fired from Western
Piper.
There were a great deal of
problems; a great deal of differences; a
great
deal of difficulties.
I also would like to put in
the record one specific point that I told
Mr.
Ewell, at the time I was
hired, that I had had previous psychiatric
consultations with a
physician, and that I had had personality
problems. I
did attempt to downplay
them, and explained that, to me, they were not
all
that serious.
In Nappa, California I
started working for Japan Airlines. I started in
their first several days of
ground school. As a matter of fact, it was
several weeks of ground
school concerning job procedures, the IASCO
procedures, aircraft
systems, teaching, just the gamut -- it was
absolutely
incredible the range of
matter that they had us digest in a very short
period of time, including
memorizing five pages of checklists and so
forth.
It was difficult, very
enjoyable.
I was in the process of
digesting this material when Mr. Ed Scarboro,
the
Chief Flight Instructor
from the International Air Service Company,
showed
up; said these two
gentlemen who would like to speak to you. These two
gentlemen identified
themselves as the FAA and said, "We would like to
see
your certificates", quote,
unquote -- that is all I was told. I said,
"Well, they're in my car,
if you'll follow me out". I had my Torerro in
the
parking lot; we started
walking out and I said, "What's this all
about?" He
said, "Well, we just need
to see your certificate". I went into the
glove
compartment of my car,
turned around, I said, "Well, what's the
problem?"
And they said, "Let's just
see your certificate".
They examined my Pilot's
Certificate, my Flight Instructor's
Certificate,
my Medical Certificate,
handed me back my Pilot's Certificate, my Flight
Instructor's Certificate
and a letter from the FAA indicating
suspension;
in other words, seizing my
Certificate without letting me know first
exactly what was happening.
At that time I became extremely upset,
almost -
JUDGE CAPPS: Which
Certificate did they seize?
MR. CAMPBELL: The First
Class Medical Certificate issued by Dr.
Reynolds of
Fresno, California.
JUDGE CAPPS: Oh, I thought
you said they gave that back to you.
MR. CAMPBELL: No, they gave
me back my Pilot's Certificate, my Flight
Instructor's Certificate,
but not my Medical Certificate, instead
handing
me the letter of
suspension. This was February 7th, I believe the letter
was dated, I believe,
January 29th. I may be incorrect. I became
extremely
upset, almost to the point
of tears; explained the fact that I was in
the
process of trying to raise
funds in order to get the consultation and
get
the evidence I needed to
refute this, and I made exception with items on
the form, and they said,
"Look, there's nothing we can do about this. We
are just here to present
the forms." They accompanied me into Mr.
Scarboro's office where
they explained that the process involved could
be
lengthy, but may, indeed,
be taken care of in a short period of time.
They
also explained what was
needed, specifically evidence to the contrary to
prove that I was qualified
to hold the Certificate. Mr. Scarboro and I
were
both of the impression and
opinion that we could clean this whole
matter up
rather shortly, so he kept
me on the payroll, kept me in flight
training,
at a great deal of expense
to them, and I proceeded for the next month,
to
undertake flight training
and eventually pass a very rigid check ride to
Japan Airlines standards in
order to be a flight instructor for the
Japan
Airlines pilot training
program at the Flight Crew Training Center.
I saw two doctors, a
psychologist and a psychiatrist. The psychologist
gave
me a battery of written
testing, which was submitted to Dr. Sexton, who
told me that wasn't good
enough and that I had to have other tests. I
went
back a second time, at even
more expense, got the tests done,
psychological
written testing and oral
testing, in addition to a bit of discussion.
The
psychologist presenting the
test at the time said, "Frankly, there is
very
little difference between
the tests" and he was rather doubtful about
the
fact that the FAA wanted to
give my Medical Certificate back. He felt
that
I was being stalled.
JUDGE CAPPS: Wait a minute,
we're running out of tape.
MR. CAMPBELL: I also
completed several visits with a psychiatrist. Both
reports were submitted.
After some consideration by the Western Region
Flight Surgeon -- I hope
that's the term, Dr. Sexton -- he said, "I'm
worried about your impulse
control" and explained that he would have an
interview with one of his
doctors. In other words, somebody that they
had
said, now, he said,
frankly, it would be several weeks. The problem, at
the
time, was the fact that I
was nearing the check ride for Japan
Airlines, at
which point I was either
going to pass and/or fail, and if I passed, I
was
going to have to go to
work, or go on inactive list and not draw a
paycheck, which was staring
me in the face, with additional expenses
mounting at the time; I was
getting a little bit terrified.
I made numerous phone calls
to various State and Government agencies
trying
to get some help,
specifically because there was a several-week lapse
between that phone call and
the appointment made with Dr. Powers, all
to no
avail, although the only
concession I got was a gentleman from a
congressman's office in --
I'm trying to remember -- it's a county just
east of Nappa -- excuse me,
west of Nappa -- I'm afraid I don't know,
and I
can find out -- said that
Dr. Sexton had promised, since the appointment
was on a Friday, he would
evaluate it that evening and give me the
results
as soon as possible,
specifically that evening. This gentleman also
offered
to provide a statement to
that effect because, frankly, at that time I
did
not believe it. That
statement was never taken. It was offered. He was
willing to offer a
notarized statement or whatever the proper legal
terminology is.
The appointment did take
place with Dr. Powers. I spoke to him, in the
neighborhood, I believe, of
less than two hours. I'm not quite sure if
it
was more or less. During
this period of time I gave him information as
he
requested, although he
apparently found great fault with the fact that I
did not respond until
questioned about the World Trade Center incident.
Now this incident has been
a matter of FAA record for many, many, many
months.
JUDGE CAPPS: Okay, you can
tell me your side of that incident during the
testimony.
MR. CAMPBELL: Okay, fine,
all right. At which point I went home for the
weekend, chewed a couple of
fingernails, waited for a decision and
approximately two o'clock
in the afternoon, Monday, I called Dr. Sexton
for
I think the third time that
day, badgered the poor man, and at which
time
he apologized and said he
was going to have to deny my Certificate.
After I
calmed down, about fifteen
minutes later, I'd gone in to speak to
Scarboro,
told him what had happened,
my parents were in San Francisco that
weekend,
specifically to see me. I
told them, and I made preparations to go home,
specifically because I was
broke, and I had to borrow money to go home.
I went home. I found
employment as an electronics technician. I had been
doing that job for eight
months now. I found employment, I think, four
days
after I got home. I was
helped a great deal by a letter of
recommendation
provided by the
International Air Service Company who had said, at the
time, although that
situation may have changed because of information
they
have received, that they
would be glad to have me back providing
openings
existed. I went home. There
is not a whole lot more to say, except for
the
fact that I have recently
-- first or second week of September --
enrolled
myself in the West Bergen
Mental Health Center and am following the
prescribed program of
treatment.
JUDGE CAPPS: All right,
when did you enroll there?
MR. CAMPBELL: It was in
September. I don't have an exact date.
JUDGE CAPPS: Of this year?
MR. CAMPBELL: Of this year.
JUDGE CAPPS: And, what's
the name of the --
MR. CAMPBELL: West Bergen
Mental Health Center.
JUDGE CAPPS: Westberg?
MR. CAMPBELL: West Bergen
-- Bergen County.
JUDGE CAPPS: West Bergen --
MR. CAMPBELL: Mental Health
Center. I spoke to one of their staff
workers,
and their psychiatrists who
have lined me up with a specific therapist,
and, matter of fact, I've
got an appointment tomorrow night. The idea
here
is no longer to gain just
Medical Certificate, but specifically to
remove
any doubt from my mind or
anybody else's that I have a problem or will
have
a problem or allow the
problem to grow. The idea here, specifically, is
the
problem has always existed.
It's just a matter of control. I believe my
control's improved. It has
a ways to go yet. I do not feel that I am
dangerous as a pilot. I
think my record bears that out. I've been a
damned
good flight instructor, and
I'm proud of my record.
I also feel that my acts,
well, although I have not felt a great deal of
guilt over a great deal of
them, that have happened recently; I offer no
explanation other than the
fact that I was disturbed up until Tulsa,
Oklahoma, and even, for
instance, afterwards. However, I do believe
that I
am a competent pilot in
command. I do believe I am a competent
flight, and
I do believe I can prove
that. Thank you.
JUDGE CAPPS: All right,
we'll have a five-minute recess before the first
witness is heard.
(Whereupon, a five-minute
recess was taken.)
JUDGE CAPPS: Miss Hauselt,
you may call your first witness now.
MS. HAUSELT: Your Honor, I
call Inspector Sandra Taylor.
Whereupon,
SANDRA TAYLOR
having first been duly
sworn by Judge Capps, was examined and testified
as
follows:
JUDGE CAPPS: At this point,
let me give some more of my Law School
instructorship to Mr.
Campbell. What is going to happen now is we've got
a witness on the stand
under oath. This witness has been called by the
Government. The Government
is now going to conduct what we call the
direct
examination. Listen
carefully, because you will have the right to
cross-examine this witness
on any of the testimony brought out during
the
direct examination. Do you
understand?
MR. CAMPBELL: Yes, ma'am.
JUDGE CAPPS: All right.
DIRECT EXAMINATION
BY MS. HAUSELT:
Q. Can you state your name
for the record?
A. Yes. My name is Sandra
Ann Taylor.
Q. And what is your
business address?
A. My business address is
the Portland General Aviation District Office,
Portland International
Jetport, Portland, Maine, 04102.
Q: And you're employed by
FAA?
A. Yes,
Q: In what capacity?
A: I am a Aviation Safety
Inspector.
Q: What is your employment
background with regard to aviation?
A. I have worked as a
flight instructor.
Q: For how long?
A: For approximately two
years. I have held a Flight Instructor's
Certificate for about five
years. I have worked as an Air Traffic
Controller for one year,
and my present job for two and a half years.
Q. And could you just give
us what your ratings certificates are?
A. Yes. I hold a Commercial
Pilot's Certificate with an instrument in
Multi-Engine Rating; a
Flight Instructor's Certificate, instrument and
multi-engine.
Q. And you know Mr.
Campbell, who is the Respondent in this case?
A. Yes, I do.
Q. How did you come to know
him?
A. I was called by Steve
Rachelson, who was, at the time, the Chief
Flight
Instructor for Nashua
Aviation. He called and -
JUDGE CAPPS: Wait. He was
Chief Flight Instructor?
THE WITNESS: Yes.
JUDGE CAPPS: For what?
THE WITNESS: Nashua
Aviation and Supply Company. He called and told me
of
the problem that Daniel
Webster College was having with Mr. Campbell and
asked me if I would call
Oklahoma City and verify that he did have valid
Pilot's Certificate.
BY MS. HAUSELT: (Resuming)
Q. What was the problem
that he described with regard to Mr. Campbell?
A. He told me that Mr.
Campbell was, at the time, working for Nashua
Aviation and Daniel Webster
College as an instructor and he wanted to
form
a parachuting club and he
had approximately two hundred people
interested
in this club, and they
found out through the newspaper article from the
Tulsa Tribune that he had
some past problems, and they were concerned.
Q. Did they question his
qualifications?
A. Yes.
Q. What did you do with
regards to Mr. Rachelson's request?
A. I called Oklahoma City
and found out that the Certificates that he
holds
right now are valid
certificates.
Q. And in the course of
that investigation, did you ascertain whether or
not Mr. Campbell was
qualified as a parachute rigger?
A. I didn't at that point.
Q. But at a later time?
A. I did, yes.
Q. And what was the result
of that? Was he qualified?
A. No, he was not
qualified. Oklahoma City had no record of him having a
Parachute Rigger's
Certificate.
JUDGE CAPPS: Why didn't you
ascertain that at the time you ascertained
the
validity of his current
certificates?
THE WITNESS: Because at the
time that wasn't the problem. That never
entered into it.
JUDGE CAPPS: Nobody told
you anything about parachute rigging
intentions?
THE WITNESS: No. That it
was just to form a parachute club
JUDGE CAPPS: All right, did
that parachute rigging activity or intended
activity subsequently come
to your attention from someone?
THE WITNESS: Yes, from Mr.
Campbell.
JUDGE CAPPS: From Mr.
Campbell, himself.
THE WITNESS: That was the
first time I heard about it.
JUDGE CAPPS: So you had
contacted Mr. Campbell; is that correct?
THE WITNESS: Yes.
JUDGE CAPPS: All right.
BY MS. HAUSELT: (Resuming)
Q. Getting back to your
initial check on Mr. Campbell's rating -- did
you
make any phone calls to
persons who had given him the tests?
A. Yes, I did. One of the
Certificates that Mr. Campbell held was a
temporary certificate for
flight instructor certificate, which meant
that
he just recently took his
flight instructor flight test, so I contacted
a
James Brown, who was the
examiner, and I talked to Mr. Brown about Mr.
Campbell.
Q. And where does Mr. Brown
reside?
A. I -- Georgia.
Q. And what did Mr. Brown
relate with regard to Mr. Campbell's
employment?
A. Mr. Brown said that Mr.
Campbell worked for him for approximately
three
months. When Mr. Campbell
first came there, he was given the necessary
instruction and the flight
test to get his flight instructor's
certificate,
and then began working for
Mr. Brown, and two out of the three months
that
he was there he was an
ideal employee, and Mr. Brown said the third
month
it was like someone pushed
a button. That's a quote from Mr. Brown. His
personality changed
completely and he had to be fired.
Q.
Okay, did Mr. Brown
relate any other information with regard to Mr.
Campbell?
A. Yes, he told me that one
of the reasons he had to be fired was
because
Mr. Campbell was telling
his students stories about his parachuting
while
they were supposed to be
getting flight instruction, and his students
were
beginning to complain that
they weren't receiving the flight instruction
that they were paying for.
Q. At that time Mr. Brown
did not relate anything with regard to -- I
refer
you to page 36 -- do you
have a copy -- at that first phone call that
you
had with Mr. Brown, he did
not relate anything with regard to Mr.
Campbell's conversation
with a minister on the telephone which is
embodied
in the second to the last
paragraph, that letter on page 36?
A. Not my first
conversation, no.
Q. At a subsequent time,
did you speak with Mr. Brown?
A. Yes, I did.
Q. And at that time did he
relate anything with regard to this story?
A. Yes, he told me the
story that is written in his letter here.
Q. Okay, could you just
relate what that was?
A. Okay. He said that a
friend -- a girl -- from Alabama had come up to
Georgia to visit a friend
out there, and while she was there, the girl
and
Mr. Campbell met and they
went out a couple of times. One day Mr.
Campbell
came in to speak to James
Brown, and he said that the girl had to go
home
immediately because her
house had burned down the night before, and so
he
made sure that she got on a
bus, home to Alabama. He discovered shortly
afterwards that that never
occurred. She did go home on the bus, but she
went home because her stay
was over. She was just going home; that was
all.
Her house had never burned
down. Later Mr. Campbell said that on the
way to
Alabama the bus that the
girl was taking had an accident and the girl
was
in critical condition in
the hospital, and Mr. Campbell went to see her
a
couple o
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