About a month into the FBI’s 60-day wiretap of former Jacksonville Port Authority Chairman Tony Nelson’s phone, an agent appeared to inadvertently tip Nelson to the secret surveillance, according to a partial transcript released by Nelson’s lawyer Wednesday.

The transcript indicates Special Agent Cliff Tippins called Nelson’s targeted cell phone on Feb. 28, 2008, identified himself as “the tech guy,” then told him they were close to the end of a Title III, which is how agents commonly refer to wiretaps. The call was then abruptly disconnected.

Nelson then called the number back, got the FBI and was told that the person answering the phone couldn’t give his name or tell Nelson who just called him.

The wiretap helped federal prosecutors obtain a 44-count indictment charging Nelson with peddling his influence at the port for bribes that he contends were lobbying fees. His trial is scheduled Jan. 18.

Attorney Curtis Fallgatter filed the partial transcript as part of his effort to convince U.S. District Judge Timothy Corrigan to suppress the wiretap evidence. Fallgatter argued the wiretap extension wouldn’t have been OK’d by a judge or the U.S. attorney general if the call to Nelson was disclosed.

Government lawyers hadn’t responded to Fallgatter’s renewed suppression motion.

Here is the first recorded conversation:

Nelson: Hello?

Caller: Hi! This, ah, is Cliff Tippins with the FBI in Jacksonville, Florida. How are you doing?

Nelson: Pretty good.

Caller: We’re up on a Title III right now and it’s been running, and it’s getting closer to the end of it, and I’m looking at the ... ahh ... there ... I’m the tech guy that helps put it up ... [pause]

Nelson: Hello?

Caller: Hold on just a second ... [phone is shortly disconnected with a click]

And here is the conversation when Nelson called back:

FBI: FBI.

Nelson: Who am I speaking to please?

FBI: I can’t give you that information.

Nelson: Ah, OK. Someone just called me and the phone went out.

FBI: OK — from this number?

Nelson: Yes sir.

FBI: Well, you’re going to have to wait for someone to get back in touch with you if they called you. I have no way of telling who it would have been.

Nelson: OK, thank you.

Five days later, the government got a judge’s permission to extend the wiretap, and it continued for another month.

paul.pinkham@jacksonville.com, (904) 359-4107