City attorney James Fling's testimony (court transcripts) in which he brings forth several violations of federal law and regulations as well as one tremendously glaring conflict of interest.

Most notably, Mr. Fling points out facts indicating that the "Application for Consent to Transfer", which is REQUIRED BY FEDERAL LAW to be filed PRIOR TO A TRANSFER OF CONTROL, was filed more than a month AFTER the TRANSFER OF CONTROL WITH THE STATE OF TEXAS in 1999. Mr. Fling also indicates that Steven Emmert - the Judge who signed the original indictment of Hammond that was later amended by the district attorney to indicate otherwise and to read differently - was listed as PRESIDENT of the corporation claiming ownership of the radio station. Mr. Fling also provides  testimony indicating that he had worked in communications law "prior to 1979" and has been "out of that field since that time" when the field has changed COMPLETELY since 1996! Can you believe that a jury bought this testimony and the very DA who prosecuted the case was too inept to catch the contradictions? Or, did not want to catch the contradictions...

Color Coding in this document:

Red: Refers to the previously filed (and federally REJECTED) efforts at transferring control of the radio station three years prior to Hammond's arrival.

Blue: Refers to Mr. Fling's DISqualifications of himself as an expert witness with respects to communications law.

Green: Refers to Judge Steven Emmert's being listed as "President, Steven R. Emmert" in documents relating to the radio station prior to his signing of the original indictment of Hammond which SHOULD be considered "conflict of interest" and would (in the real world) require the dismissal of the indictment Instead, the district attorney was allowed to "re-write" the indictment and to "re-write" the charges (to become an "indictment by district attorney" and NOT an "indictment by grand jury).

Format: fling.pdf (300 k).
Last updated: February 22, 2006.