CIRCUIT COURT OF ELEVENTH JUDICIAL CIRCUIT

Southern Air Transport vs. WPLG-TV (ABC-Miami)

 Case No. 87-23989

Transcript Summary

 Introduction

 Bradley Earl Ayers claims that between 1985 and 1986, he surreptitiously entered the premise of Southern Air Transport (SAT) and Pan Aviation (PA) at Miami International Airport. During his clandestine entries, Ayers discovered cocaine and marijuana residue in the cargo areas of airplanes that were being unloaded and resupplied at these compounds.

 Investigation

 Ayers began to investigate allegations that SAT and PA were involved in drug trafficking. (Record at 81, ln 17-21). Some of these allegations came from Joe Price, a former U.S. Customs inspector, and other contacts Ayers created while he was a DEA operative in the Miami area. (Record at 82, ln 4-24). Ayers also believed that PA, which was 600 meters from SAT, was trafficking drugs while under government protection. (Record at 81, ln 14-21).

 Ayers believed that the federal government was involved in drug trafficking because SAT has a close relationship with the CIA. (Record at 74, ln. 5-8). Ayers claims that the CIA utilized SAT for its air operations in J.M. Wave, during his assignment with the CIA in Miami. (Record at 74-5, ln. 22-25, 1-6). Ayers claims that it was common knowledge that SAT was a corporate proprietary entity directly supported by the CIA. (Record at 75, ln. 10-13). He believed that SAT supported various intelligence activities. Id., ln. 17-22. For example, Ayers and Price would utilize SAT to store an airplane they used during narcotics investigations in Miami. (Record at 76, ln 1-19).

 Ayers concluded that SAT was involved in the resupplying of CIA covert operations in Central America, including the resupply of the Contra army. (Record at 87 ln, 17-23, and at 91, ln 12-16). During the investigation of a cocaine case, one of the subjects claimed to have had an association with the CIA and was well aware of the CIA operation of SAT, particularly relating to Contra supply effort. (Record at 188, ln 18-25).

 Ayers began to maintain surveillance of the SAT and PA compounds in the spring of 1985. (Record at 85-6, ln 14-25 and ln 1-10). Soon after, Ayers began to actually enter the compounds to determine if his intelligence information could be substantiated. (Record at 87, ln 9-12).

 He made his first entry into SAT in May 1985 in disguise and entered a C123 K airplane. (Record at 92, ln 7-9 and at 93, ln 11-15). Ayers chose the C123 K airplane because it was the most convenient so as to conceal his presence on the premise, and it was the type that would be used in a resupply operation. (Record at 96, ln 3-13).

 While aboard the airplane, he found a box containing rigging equipment, and within the box he found the residue of a powdery substance. (Record at 104, ln 5-9). Ayers gathered some of the substance and tested it with a Scott Reagent drug kit. He tested the substance, in conformity with the procedure he learned through the DEA. (Record at 104-5, ln 23-25 and 1-2). The substance tested positive for cocaine. (Record at 105, ln 10-23).

 Ayers entered the PA facility in June 1985 and proceeded to board a 720 B airplane. (Record at 199, ln 9-25). While in the cargo area of the airplane, Ayers discovered a brownish-gray powder. He tested the powder in a Scott Reagent kit, and it tested positively as cocaine. (Record at 200, ln 1-22).

 Ayers entered the SAT facility again in August 1985 while in disguise. (Record at 112-13, ln 22-25 and 1-5). He entered a C130 airplane looking for a white powder residue. Finding none, he proceeded to investigate several plastic bags in the corner of the airplane. When he opened the bag, Ayers detected the odor of marijuana. (Record at 115, ln 20-25). Ayers reached inside the bag and pulled out green vegetation that he thought to be marijuana. (Record at 116, ln 1-24).

 On another occasion, Ayers entered the SAT compound in October 1985. (Record at 119, ln 1-10). He boarded another C123 airplane and discovered white powder residue in the cargo area. Ayers was unable to test the residue with Scott Reagent kit because he had to make an abrupt exit. (Record at 122, ln 9-17). He had some of the residue on his fingers. Ayers tasted it and concluded that the substance was cocaine based on his DEA training. (Record at 123, ln 3-22).

 Ayers went back to PA in December 1985 and inspected a Lockheed Lodestar November 96 Gulf Sierra. He again discovered traces of a powdery substance in the cargo area and tested it. (Record at 208, ln 1-25). The substance tested positive as cocaine. (Record at 209, ln 1-5).

 Ayers made another entry at PA in January 1986 and boarded a Grumman Seaplane. Inside the seaplane, Ayers discovered white powder which he believed to be a narcotic. Before he was able to perform a test, Ayers was interrupted and exited the aircraft. (Record at 209, ln 12-21).

 Ayers made his final entry at PA in February 1986 and boarded a 720 B 54 Bravo Whiskey. While on board, Ayers discovered white powder scattered on the floor. He applied the testing procedure to the powder. The substance tested positive as cocaine. (Record at 210-11, ln 23-25 and 1-18).

 Conclusion

 On five occasions Ayers entered the SAT and PA compounds and discovered substances that tested positive as narcotics. Based on his prior experience with SAT as well as his own investigative efforts, Ayers concluded that both SAT and PA were proprietary interests of the U.S. CIA. Furthermore, it is Ayers’ opinion that SAT and PA were involved in trafficking narcotics into the United States.
 
 
 
 
 
 

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