Gillespie v. Thirteenth Judicial Circuit Florida, SCOTUS Petition No.

12-7747

Thank You for Moral Courage in the Justice System http://www.scribd.com/doc/173453711/Thank-You

Neil Gillespie

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Deputy Christopher E. Brown, Hillsborough County Sheriffs Office (HCSO), who impeached Martha marionette judge Cook, her falsehood made in open court September 28, 2010 that I elected to leave the final summary judgment hearing. Martha Cook ordered me removed after receiving the Complaint in 5:10-cv-503. Major James Livingston, HCSO, Commander of Court Operations, who provided me a letter January 12, 2011 with Deputy Browns statement impeaching Martha Cook, a marionette judge to Mr. Rodems. see U.S. v. Terry, No. 11-4130, U.S. Sixth Circuit. Here as filed in Petition No. 12-7747, http://www.scribd.com/doc/135824951/ Hon. Richard A. Nielsen, who rejected Mr. Rodems false legal argument to a claim of $50,000 in court-awarded fees and costs and established res judicata, forever barring Rodems falsehood from this case. See Order On Defendants Motion To Dismiss And Strike, entered January 13, 2006 in Gillespie v. Barker, Rodems & Cook, 05-CA-7205. Hon. Pat Frank, Clerk of Court, Hillsborough Co., who refused for 6 months to obey a sham order corruptly entered by marionette judge Cook banning my pro se pleadings. Florida Bar Counsel William Lance Thompson, who opened TFB No. 2004-11,734(13C) June 28, 2004 on my complaint against William J. Cook. Unfortunately Tampa Chief Branch Discipline Counsel Susan Bloemendaal improperly closed the file February 9, 2005 without finding misconduct, and has defended her wrong decision ever since. Tampa attorney David M. Snyder who informed Mr. Rodems September 7, 2006 that Mr. Gillespie's claim has survived a motion to dismiss, and Rodems counterclaim had little chance of ultimate success given the limited distribution and privileged nature.... Mr. Snyder proposed settlement to Rodems, payment to me of $6,224.78, but he rejected. Attorney Seldon Childers who determined September 17, 2009 that actual damages were $7,143, not $6,224 as in my complaint; and $100,000 Non-Pecuniary Cost of Litigation. Florida Bar Counsel Theodore P. Littlewood, who opened TFB No. 2013-10,271 (13E) September 13, 2012 on my complaint against Ryan Christopher Rodems. Tampa Chief Branch Discipline Counsel Susan Bloemendaal oversaw the improper closure of the file without finding misconduct, by Bar Counsel Leonard Clarks letter May 14, 2013. Florida Bar Counsel Theodore P, Littlewood, who opened TFB No. 2013-10,162 (6D) August 17, 2012 on my complaint against Eugene P. Castagliuolo. Tampa Chief Branch Discipline Counsel Susan Bloemendaal oversaw the improper closure of the file without finding misconduct, see her letter to me dated June 13, 2013.

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Thank You for Moral Courage in the Justice System Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida, et al. Petition No. 12-7747 for writ of certiorari U.S. Supreme Court Application No. 12-A215 granted by Justice Thomas
Gillespie v. Barker, Rodems & Cook, 05-CA-7205, Hillsborough Co. FL

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm 10. Justice Clarence Thomas, granted Application No. 12A215 extended time to file until December 10, 2012; consolidated 2 Eleventh Circuit Appeals, 12-11028 and 12-11213. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm 11. Florida Bar Counsel James A G Davey, Jr. who referred November 5, 2010 my complaint against Robert W. Bauer TFB No. 2011-00,073 (8B) to a local grievance committee that dismissed; the ABA McKay Report calls local committees crony discipline components. Michael Borseth, an independent court reporter who has faithfully made transcripts for me, even when wrongly threatened with litigation by attorney Eugene P. Castagliuolo. Allison Raistrick, Clerks Indigent Screening Unit, appointed me counsel May 27, 2011 for a civil contempt hearing. Fla. Judge James Arnold relieved the public defender, held the hearing ex parte, and corruptly ordered my arrest on Mr. Rodems false evidence. Dr. Karin Huffer, ADA advocate. Mental health practitioner, author, and educator on Legal Abuse Syndrome. See Dr. Huffers October 28, 2010 letter, As the litigation has proceeded, Mr. Gillespie is routinely denied participatory and testimonial access to the court. He is discriminated against in the most brutal ways possible... Attorney Jeffrey R. Shelquist, prepared for me an Assignment of Unliquidated Lawsuit Damages that transferred to my mother a security interest in 05-CA-7205, protection from a $11,500 sanction judgment concocted by Rodems and crony Judge James Barton. Judge Bartons misconduct was rewarded with The Distinguished Judicial Service Award in 2012 for launching the ONE Campaign, to encourage Florida lawyers to uphold their oath of attorney to ...never...delay anyones cause for lucre or malice. Unfortunately Judge Barton relinquished his position of trust as judge to Mr. Rodems in 05-CA-7205 where Barton presided, and permitted Rodems to delay my cause for lucre and malice. 16. Tampa Fire Rescue EMT Paramedic Robert Ladue and EMT Paramedic Dale Kelley treated me July 12, 2010 at the Edgecomb Courthouse. A report of the call, incident number 100035129, impeaches marionette judge Cooks written account of the incident in her order filed July 30, 2010: Mr. Gillespie refused medical care from emergency personnel when called by bailiffs and left the courthouse immediately after learning that the conference was completed. Page 1, footnote 2, Notice of Case Management Status and Order on Outstanding Res Judicata Motions. Berryhill and Associates, Inc. court reporting, and Dempster-Berryhill Court Reporting. To Thomasina Berryhill, Larry Murray, and associates for reporting an unpopular cause. 2

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Thank You for Moral Courage in the Justice System Links below to Petition No. 12-7747 on the Justice Network blog Left image: Evidence of a crisis in the practice of law in the state of Florida. Former Florida Gov. Charlie Crist (r) to Scott Rothstein (l): "Scott - You are amazing!" - Rothstein pled guilty to racketeering and on June 9, 2010 received a 50-year prison sentence. http://nosueorg.blogspot.com/2012/12/petition-for-writ-of-certiorari-to.html http://nosueorg.blogspot.com/2013/06/david-rowland-misled-florida-ag-scotus.html 18. Diana R. Esposito, Chief-Assistant Attorney General, Tampa Florida, for honestly providing incriminating documents in response to my records request. Yes, Ms. Esposito might have done more sooner. However Ms. Espositos ultimate disclosure against Floridas unjust and corrupt legal system is valued, redemptive, and thus acknowledged. Public records show David A. Rowland, General Counsel for the Thirteenth Judicial Circuit, Florida, concocted with others a fraud to falsely portray to Kenneth Wilson, Fla. Asst. Attorney General, that I did not serve Mr. Rowland my petition per Supreme Court Rule 29. Mr. Wilson claims he relied on Rowlands fraud, and did not submit a brief in opposition due the Supreme Court January 14, 2013. My letter to Mr. Wilson May 16, 2013 shows how the fraud worked, see Scribd http://www.scribd.com/doc/142305243/ Without a response, Florida Attorney General Pamela Jo Bondi denied me due process under the Fifth and Fourteenth Amendments. The Supreme Court relies on opposition briefs as part of its adversarial process to properly litigate and decide a petition. Floridas opposition brief was due January 14, 2013. AG Bondi did not respond for Florida, thus no opposition brief was distributed for the Supreme Court Conference February 15, 2013. Fraud or impairment of Petition No. 12-7747, a legitimate government activity, is a violation of 18 U.S.C. 371, a deprivation of rights under color of law, 18 U.S.C. 242, and a conspiracy against my rights, 18 U.S.C. 241. 19. Attorney Woody Isom, who emailed me March 23, 2010 with evidence that impeached his wife Claudia Rickert Isom, a trial judge in 05-CA-7205. Judge Claudia Isom perjured herself in open court February 1, 2007 during conflict check hearing. Judge Isom failed to disclose husband Woody Isom and Jonathan Alpert were partners at Fowler-White. The Alpert firms fee contract with me was the only one signed in the litigation. Judge Isom was required to recuse; instead she made biased rulings in favor of Mr. Rodems. Judge Isom also ruled contrary to her law essay, Professionalism and Litigation Ethics, 28 STETSON L. REV. 323 (1998) that favors intensive case management - not sanctions. Judge Isom wrote, Perhaps the perceived backlash of cracking down on unprofessional behavior is unrealistic for Florida's circuit judges who are elected officials. However, that perception shapes the judicial response, even when responding theoretically at a seminar. (p. 2, 2). So Judge Claudia Isom sanctions pro se people, not crony lawyers. Judge Isoms misconduct was rewarded with the 2013 Distinguished Judicial Service Award presented by Chief Justice Ricky Polston Jan. 31 at the Florida Supreme Court. 3

Thank You for Moral Courage in the Justice System I sometimes think that the problem at bottom is really a lack of respect by lawyers for other people. - The Hon. Dennis Jacobs, Chief Judge U.S. Court of Appeals for the Second Circuit The Secret Life of Judges, 75 Fordham L. Rev. 2855 (2007) http://ir.lawnet.fordham.edu/flr/vol75/iss6/4 20. Kirby Rainesburger, a Tampa Police lawyer, who concluded February 22, 2010 that Mr. Rodems was not right and not accurate in representing to Judge Richard Nielsen in his sworn affidavit as an exact quote language that clearly was not an exact quote of Neil Gillespie. Judge Nielsen recused sua sponte after learning details of Mr. Rodemss deception and intentional disruption of the tribunal by strategic maneuver to gain an unfair litigation advantage. Unfortunately Tampa Chief Branch Discipline Counsel Susan Bloemendaal once again excused Mr. Rodems misconduct in response to my complaint. Deputy Roger Devall, U.S. Marshalls Service Tampa, June 3, 2013 for stating during our 2:00 PM telephone call that the U.S. Marshall will serve a federal complaint on judges as provided by law. An Ocala Division deputy clerk denied this September 28, 2010 when I filed the Complaint in 5:10-cv-503. Deputy Devall also advised the Clerk might not issue summons for judges. Transcript, Deputy Devall, June 3, 2013, page 14: DEPUTY DEVALL: 11 ...You might have issues getting summons -12 summons issued by the Clerks court for Judges. Florida judges and state employees were served pursuant to Fed.R.Civ.P, Rule 4(d), waiver of summons, a last ditch effort when the Clerk of Court will not issue summons. http://www.scribd.com/doc/172064977/Thirteenth-Judicial-Circuit-Service-of-Process 22. James Worley, videographer, who filmed for me gratis the Thirteenth Circuit Judicial Nominating Commission exit interviews June 15, 2010. Also interviewer Shadira O. Pressley, a student intern at the Connecticut School of Broadcasting, appeared gratis. http://youtu.be/KtswMgV0lkE My notes as a public observer to the JNC interviews June 15, 2010 show the Commission has a screening process to eliminate honest judicial applicants. During the interview, a Commission member will ask if the applicant has seen in court any unprofessional behavior from a judge. Applicants who respond with examples of bad judicial behavior they witnessed are not selected. One applicant June 15, 2010 responded that a judge said to a very pregnant woman words to the effect Would you like this garbage can moved closer to you in case you have the baby? This exchange was memorialized by email with the JNC Chair Pedro Bajo. I noted this and other observations in several letters to Florida Gov. Charlie Crist. The letters are posted on Scribd. http://www.scribd.com/doc/109845143/JNC-Interviews-June-15-2010-Comments-to-Gov-Crist 4

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Thank You for Moral Courage in the Justice System The whole system of justice in America is broken, Tribe said. The entire legal system is largely structured to be labyrinthine, inaccessible, unusable. - Larry Tribe, U.S. Justice Department, Access to Justice Initiative, and Harvard Law School Professor ABA Journal, July 22, 2010 by Debra Cassens Weiss http://www.abajournal.com/news/article/middleclass_dilemma_cant_afford_lawyers_cant_qualify_for_legal_aid 23. Sonja Mullerin v John Hayter, et al., 1:12-cv-00190-SPM-GRJ, United States District Court, Northern District of Florida, Civil RICO, the Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. Sec. 1961-68, and 42 U.S.C. 1983, Civil action for deprivation of rights, against attorney John Hayter, landlord Judith Yesha Brill, Judge David Kreider, his JA Debbie Spivey, and Judge Denise Ferrero of Alachua County Florida. This case shows the District Clerk would not issue summons for Florida judges. The Plaintiff was previously an attorney licensed in Colorado but not licensed in Florida. Mullerin v Hayter alleges a Florida state court operated as a corrupt RICO enterprise. The Plaintiff alleged a Florida court deprived her of rights under 42 U.S.C. 1983 through a pattern of racketeering activity to benefit a local attorney and law firm that used the court for asset stripping - to obtain fraudulent court orders requiring money or property to be transferred from the true owners - persons targeted by the enterprise - to the law firm and its clients. The suit alleges the Alachua County Florida court was not operated in an effective and expeditious manner for which it was created by statute - but as a corrupt RICO enterprise for the private benefit of the law firm and its clients. Doc. 16. First Amended Complaint, Civil RICO and 42 U.S.C. 1983, October 18, 2012. Doc. 19. Motion for Order Directing Issuance of Summons, October 30, 2012. Doc. 20. Letter to U.S. Judge Stephan P. Mickle, re summons, November 15, 2012. Doc. 21. Order, Gary R. Jones, U.S. Magistrate Judge, in part...January 15, 2013. Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act (RICO), 18 U.S.C. 1961-1968 and of her civil rights under 42 U.S.C. 1983. Plaintiffs claims stem from state civil court proceedings involving a dispute with her landlord. She contends that her landlord and her landlords attorney violated RICO by using the courts to strip Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant conspired to obstruct justice and violate Plaintiffs civil rights. The state court proceedings were pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent injunctive relief, and attorneys fees.... Doc. 23. Order, dismissed w/o prejudice, U.S. Magistrate Gary Jones, March 4, 2013. Sonja Mullerin was formerly known as Alison Sunny Maynard. Thanks Sunny! A composite of documents in Mullerin v Hayter is posted on Scribd here: http://www.scribd.com/doc/163229364/Sonja-Mullerin-v-John-Hayter-1-12-Cv-190 5

Thank You for Moral Courage in the Justice System

U.S. Judge James D. Whittemore, Middle District of Florida http://www.scribd.com/doc/170766008/Wayward-lawyer-conduct-during-depositions 24. Thanks to Tom Miller, Program Administrator of The Florida Bars Continuing Legal Education (CLE) program, for both the audio CD #0444C (of the live presentation of Course #0444R - Basic Federal Practice) and permission to made a written transcript. Comments, U.S. District Judge James D. Whittemore on the erosion of professionalism Transcript, p. 23, #0444R - Basic Federal Practice 2007. [Mr. Alperts] coffee-throwing. 6 If you think that's the only example of 7 wayward lawyer conduct during depositions just get 8 on the internet and search around. It's just 9 hilarious some of the things that go on. There 10 have been fist fights in Tampa. There has been 11 coffee thrown across the table by one lawyer 12 against another in a Federal deposition room in the 13 Federal courthouse. There have been lawyers 14 clipping their nails during depositions. That kind 15 of conduct is reprehensible. A Tampa Police Department report June 5, 2000, case number 00-42020, alleges Mr. Alpert committed battery, F.S. 784.03, upon attorney Arnold Levine by throwing hot coffee on him. Mr. Levine was then a 68 year-old senior citizen. The report states: The victim and defendant are both attorneys and were representing their clients in a mediation hearing. The victim alleges that the defendant began yelling, and intentionally threw the contents of a 20 oz. cup of hot coffee which struck him in the chest staining his shirt. A request for prosecution was issued for battery. Ryan Christopher Rodems is listed as a witness on the police report but failed to inform me that my lawyer Mr. Alpert was named in the report for battery on Arnold Levine. A composite of the above documents, with the CLE transcript, and a $5M defamation lawsuit by Mr. Levine, is posed on Scribd http://www.scribd.com/doc/170766008/ The coffee-throwing incident and Mr. Rodems professional failing to report the battery to me is plead at 21-22 in my Complaint (Doc. 1), Gillespie v. Thirteenth Judicial Circuit, Case 5:10-cv-00503-WTH-DAB Doc. 1 Filed 09/28/10 Page 10 of 39 25. Thanks to attorney Joryn Jenkins, she met and informed me April 20, 2006 about the above. 6

Thank You for Moral Courage in the Justice System

AMY BACH: I wrote this book and it's about

places in America where there has been a collapse of the adversarial system. And what I mean by that is that the lawyers stopped checking each other in the ways that they're supposed to. And the result is, is that ordinary people are hurt on a daily basis. There is this adversarial system in America and it's the prosecutor and defense attorney and neutral judge up above, but when it doesn't work they're not checking each other and they all line up together. They're all like an arrow. They're all moving towards something, but it's not justice. They're not doing the adversarial protections that they're -- they're not protecting the people that they're supposed to be protecting. - Amy Bach, Ordinary Injustice: How America Holds Court, Syracuse Law You Tube Channel http://youtu.be/4ug8lXPExeo http://us.macmillan.com/ordinaryinjustice/AmyBach __________________________________________________________ Robert B. McKay, Chair, Commission on Evaluation of Disciplinary Enforcement, American Bar Association - The 1992 ABA McKay Report - The Gold Standard. No lawyer, and no client, can be indifferent to the disciplinary enforcement system. If the process is performed sensibly and quickly it will provide for lawyers and clients alike a needed service to assure honorable and effective delivery of legal services. If the disciplinary process does not meet that standard, a disaffected public is likely to impose limits upon the process . . . . Continuity of judicial regulation of the legal profession depends on action taken by the profession itself. - Robert B. McKay, 1990 http://www.americanbar.org/groups/professional_responsibility/resources/report_archive/mckay_report.html ________________________________________________________ Few are willing to brave the disapproval of their fellows, the censure of their colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality of those who seek to change a world which yields most painfully to change. - Robert F. Kennedy, June 6, 1966, NUSAS Day of Affirmation. http://www.rfksafilm.org/html/speeches/unicape.php 7

Thank You for Moral Courage in the Justice System The United Nations Special Rapporteur on Independence of Judges and Lawyers, Office of the United Nations High Commissioner for Human Rights (OHCHR). Legal aid is both a right in itself and an essential precondition for the exercise and enjoyment of a number of human rights, including the rights to a fair trial and to an effective remedy, said Ms. Knaul, presenting her latest report to the UN Human Rights Council. It represents an important safeguard that contributes to ensuring the fairness and public trust in the administration of justice. http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13382&LangID=E The U.S. Supreme Court noted in Powell v. Alabama, 287 U.S. 45, 68-69 (1932): The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. . . .He lacks both the skill and knowledge adequately to prepare his defense, even though he had a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. The Secret Life of Judges The Hon. Dennis Jacobs, Chief Judge, U.S. Court of Appeals for the Second Circuit shows an ambient bias exists in The Secret Life of Judges, 75 Fordham L. Rev. 2855 (2007): When I refer to the secret life of judges, I am speaking of an inner turn of mind that favors, empowers, and enables our profession and our brothers and sisters at the bar. It is secret, because it is unobserved and therefore unrestrained - by the judges themselves or by the legal community that so closely surrounds and nurtures us. It is an ambient bias. This bias has several effects and ramifications. Judges all too frequently frame legal doctrines without considering the litigants' transaction costs. Considering how many of us conscientiously think hard about the economic consequences of the outcomes we adopt, it seems strange that our cases reflect an almost complete disregard and ignorance of the costs, uncertainties, and delays inflicted by the judicial process itself. I think that is because judges as lawyers cannot see as a problem the activity and busyness from which our brothers and sisters at the bar draw their livelihood, their career advancement, their distinction, and (often) their sense of purpose in life. All of this depends on the ceaseless turning of the legal machine. (paragraph 4, page 2856) myth of the adversarial process Judges tend to assume that the adversary process assures a fair fight and a just outcome. And judges work hard to be fair as between the adversarial positions presented. But almost always, the adversaries on all sides are lawyers; so adversariness is no great engine for assuring fairness when it comes to the allocation of decision-making power between lawyers (adversaries all) and the institutions and populations outside our profession. The result is not that lawyers and the legal profession always win in court contests (even though they are on both sides); but, there is no doubt that they get to punch above their weight. (page 2856-2857). 8

Thank You for Moral Courage in the Justice System

Bear witness, brother. That's all you can do in your life: tell the truth and fight for justice. - Professor Cornel West, April 19, 2011 http://cagreening.blogspot.com/2011/04/cornel-west-on-brokeness-of-2-party.html _____________________________________________________________ CONSTITUTIONAL DIALOGUE AND HUMAN DIGNITY: STATES AND TRANSNATIONAL CONSTITUTIONAL DISCOURSE Vicki C. Jackson http://scholarship.law.georgetown.edu/facpub/106/ Human dignity has become an important part of the transnational vocabulary of constitutionalism and human rights. The Preamble of the United Nations Charter expresses belief in "the dignity and worth of the human person." The Universal Declaration of Human Rights has been described by a leading scholar as part of the "large family of dignity-based rights" adopted after World War II. Expressed in these foundational U.N. documents, human dignity also plays an important role in the jurisprudence of several nations in Europe, including Germany. The U.S. Constitution does not refer specifically to human dignity. Yet there are some cognate concepts in the Constitution's text, such as the ban on cruel and unusual punishments, the protections of the due process clause, and others that have been developed in the U. S. Supreme Court's constitutional jurisprudence. The phrase "human dignity" (according to searches in both Lexis and Westlaw) makes its first appearance in the U.S. Reports in 1946, in Justice Murphy's dissent in In re Yamashita. This post-World War II... _______________________________________________________ Carl Hiaasen, journalist, columnist, and novelist on Florida: "The Sunshine State is a paradise of scandals teeming with drifters, deadbeats, and misfits drawn here by some dark primordial calling like demented trout. And you'd be surprised how many of them decide to run for public office." http://www.cbsnews.com/8301-18560_162-688458.html