K1MAN’s jury trial scheduled for August

November 23, 2010

K1MAN’s jury trial scheduled for August 2011
Government seeks payment of unpaid (and newly reduced) fine

The Department of Justice has tentatively scheduled a trial before a civil jury for next summer in the government’s case against Glenn A. Baxter, K1MAN, of Belgrade Lakes, Maine. Baxter, was fined $21,000 by the FCC five years ago for violating various Amateur Radio rules.

The Department of Justice acts as the collector for all unpaid “forfeitures” since the FCC has no collection department. Baxter was served with a summons on October 27, 2010, by the U.S. District Court – District of Maine (Bangor) and given 20 days to respond to the charges.

Original complaint

The Federal Court Case (No: 1:10-cv-00435-JAW) initially sought to force payment of the $21,000 fine along with a $350 filing fee for “… willful and repeated violation of Sections §97.101(d) — causing deliberate malicious interference to ongoing Amateur Radio radio communications; §97.113(a)(3) — violating the pecuniary interest rules; §97.105(a) — failure to exercise station control; §97.113(b) — engaging in impermissible broadcasting; and “…failure to file requested information with the FCC.

The initial five-page complaint in the civil action “USA vs Glenn A. Baxter” had three exhibits: a 6-page Apparent Notice of Liability (NAL) issued June 7, 2005, an Affirmed FCC Forfeiture Order released March 27, 2006, and a Certificate of Forfeiture, dated: September 18, 2006.

Baxter’s filed his response on November 5 to the original complaint in a document published on his website. In it, he “…denied each and every allegation of wrongdoing and/or FCC rules violation described in the Complaint.”

In the same document, Baxter countersued the U.S. Government “and its agent, the Federal Communications Commission” for $50 million for failing to process the renewal of his K1MAN station/operator license in a timely manner. His ham ticket expired on October 17, 2005, and his July 22, 2005, renewal has been pending for more than five years.

Amended complaint and answer

The court mysteriously amended the original complaint (it is now nine pages long) against Baxter to provide for a new (lower) forfeiture penalty of $18,000 plus interest, court costs and “Such other further relief that the court may deem just and proper.” The complaint against Baxter said he had “repeatedly and willfully caused interference to ongoing communications, willfully and repeatedly broadcast communications in which [he] has pecuniary interest and repeatedly failed to respond to a Bureau directive….”

Missing from the amended complaint were the charges that Baxter failed to “exercise station control” and participated in “impermissible broadcasting.” On November 8, Baxter sent a request for all documents “in the possession of the FCC, including reports, the names of all the FCC agents involved, etc. with regard to the inspection of his amateur radio station, K1MAN, by three agents from the Boston FCC office.”

Baxter submitted an amended answer to the complaint on November 18 but apparently had difficulty doing it. The following day, Baxter sent a letter to Judge John A. Woodcock, Jr., complaining about “the treatment coming from the clerks in Bangor District Court regarding my case….”

He told the judge that it “…is quite scary to be dealing with a thoroughly corrupt FCC, a corrupt U.S. Attorney, and, obviously corrupt people in Bangor Federal District Court. I expect you to clean up your ‘sand box’ up there in Bangor.”

Baxter requested that U. S. Attorney Thomas E. Delahanty be taken off the case and the judge investigate “the alleged criminal obstruction of justice in your court.” He also asked that U.S. Senator Susan Collins (R-Maine) “…initiate impeachment proceedings against U. S. Attorney Thomas E. Delahanty, II.”

K1MAN says that he plans to depose FCC Special Counsel, W. Riley Hollingsworth, K4ZDH, and FCC Engineers Johnny Johnston, W3BE, (both now retired) and Edward M. Kelly, among others, in Bangor on Monday, December 13, 2010. The Court is allowing five depositions per side.

Scheduling Order

On November 15, the U.S. Court for the District of Maine released a Scheduling Order and a proposed “Discovery” plan with various deadlines. Deadline to complete Discovery is April 15, 2011.

“Discovery” is the pre-trial phase in a lawsuit in which each party can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for admissions and depositions.

The case will be tried before U.S. Magistrate Judge Margaret J. Kravchuk in either Bangor or Portland, Maine. Expected Trial Date is August 2, 2011. There is also a question of whether Baxter’s $50 million counter suit will be allowed to proceed. If not, K1MAN says he will likely appeal to the First Circuit of Appeals in Boston.

You can follow this case, blow by blow, at www.k1man.com/d6.