1

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION

NEIL J.

GILLESPIE,

Plaintiff/Counter-Defendant, CASE NO.: DIVISION: BARKER, RODEMS & COOK, p. A. a Florida corporationi WILLIAM J. COOK,
I

05-CA-7205 G

vs.

Defendants/Counter-Plaintiffs. ________________________________/

DEPOSITION OF: TAKEN BY: DATE: TIME: PLACE:

NEIL J.

GILLESPIE

Counsel for Defendants/ Counter-Plaintiffs June 21, 2011 to 3:02 p.m.

10:38 a.m.

Hillsborough County Courthouse Fifth Floor 800 East Twiggs Street Tampa, Florida Kimberly Himes Notary Public State of Florida at Large

REPORTED BY:

RICHARD LEE REPORTING (813) 229-1588

TAMPA: I 00 North Tampa Street, Suite 2060 Tampa, Florida 33602
email: rlr@richardleereporting.com

ST. PETERSBURG: 535 Central Avenue St. Petersburg, Florida 33701

APPEARANCES: EUGENE P. CASTAGLIUOLO, ESQUIRE Castagliuolo Law Group, P.A. 3111 West Dr. Martin Luther King Boulevard Tampa Bay Park, LakePointe 2, Suite 100 Tampa, Florida 33607 Appeared for Plaintiff/Counter-Defendanti RYAN CHRISTOPHER RODEMS, ESQUIRE Barker, Rodems & Cook, P.A. Suite 2100 400 North Ashley Drive Tampa, Florida 33602 Appeared for Defendants/Counter-Plaintiffs. ALSO PRESENT: Deputies of Hillsborough County Sheriff's Office Honorable James D. Arnold

PAGE

Examination by Mr. Rodems

DESCRIPTION
1

PAGE

Notice of Filing, dated 7/29/10 Plaintiff's Motion to Disqualify Judge re: Judge James Barton Emergency Motion to Disqualify Judge Martha J. Cook Revocable Inter Vivos Trust Agreement (Retained by Gillespie) Affidavit and Inventory of Personal Property of Neil J. Gillespie and Designated Exemptions, May 16, 2011 Notice of Compliance

17 47 47 66

90 96

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The deposition, NEIL J. GILLESPIE, 2011, Floor,

upon oral examination,

of

taken on the 21st day of June, Fifth

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4

at Hillsborough County Courthouse, 800 East Twiggs Street, Tampa,

Florida,

beginning at 10:38 a.m., before Kimberly Himes, Notary Public in and for the State of Florida at Large.

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******
NEIL J. GILLESPIE, the

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being first duly sworn to testify to the truth, whole truth, and nothing but the truth,

was examined

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and testified as follows: EXAMINATION

BY

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MR. RODEMS:
Q

Good morning.

Would you state your name

for the record, please?

A

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Neil Gillespie. And, Mr. Gillespie, what is your middle

name?
A
Q

Joseph. What is your address? 8092 Southwest 115th Loop, Ocala, Florida

81.
Q

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25

Do you have a telephone at that address? Yes.

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What is the telephone number? (352) 854-7807.

A
Q

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What is your date of birth? March 19th, 1956.

What is your Social Security number? 160-52-5117. Do you have a Florida driver's license? Yes. Have you brought that with you today? Yes. May I see it, please? There's a copy of

A
Q

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8

A
Q

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A
Q

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(Tendering document.) too, if you want that.

it here,
Q

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Thank you.

We will go ahead and take a The copy

copy when we get to the document portion. you've made, back?

A
Q

is it a complete copy of the front and

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23

Just the front. Okay. Do you have a Concealed Weapons

Permit?
A
Q

Yes. Do you have a copy of that with you? No. Do you have it with you? No.

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Q
A

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1

Q
A
Q

You're not carrying it on your person? No. Okay. I don't even know if it's valid anymore. Okay. Do you understand that you are

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A
Q

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under oath today?

A
Q

Yes. Okay. Do you understand that this is a

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deposition in connection with a lawsuit you filed styled Gillespie versus Barker, Rodems and William J. Cook,
A
Q

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Case Number: Yes.

05-CA-7205?

Do you understand that a writ of bodily

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attachment has been issued because of your failure to appear before Judge Arnold and show cause why you should not be held in contempt for failing to appear for this deposition when previously noticed? A I don't really understand all the

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details, but that sounds about right.

Q

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23

Okay.

Have you taken any prescription

medications within the last 24 hours?

A
Q

Yes. Have you had any alcoholic beverages --

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have you consumed any alcoholic beverages within the last 24 hours?

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A Q

No. Have you ingested any substances of any

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type in the last 24 hours that would affect your ability to remember?
A Q

No. Have you ingested any substances of any

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type in the last 24 hours that would affect your ability to understand the English language? A
Q

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I don't believe so. Okay. I'm not

goin~

to ask you about the Obviously, you

specific medications that you're on. know what those medications are.

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13

Have they ever

affected your ability to remember in the past?

A

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really don't understand what all that

means.
Q

Okay. MR. CASTAGLIUOLO: Come on.

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19

I mean,

do you want a list of the

medications?
Q

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No, MR.

sir. CASTAGLIUOLO: That's not what he

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asked you.
Q

What I want to -- let me just tell you Gillespie, so you understand.

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where I'm going, Mr.

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I want to make sure that you fully understand my

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questions today and that I answers.

A
Q

fully understand your

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Uh-huh. So that if it later appears that you

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either did not provide me with all the information I requested or intentionally concealed information, that there is no explanation by you that the reason you couldn't give me truthful answers is because of a physical or mental impairment or because of being under the influence of any substances, whether prescription or non-prescription. the purpose of asking my question. Are you fully able -- and I ' l l rephrase it. Are you fully able to understand my questions So the -- that's

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today?
A

Well, with regard to memory,

I have

spoken to my doctor about having memory problems, especially short term and so forth, because of depression.
Q
A

and he says it's

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20

Okay. Because there was some concern that I thought maybe I

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because my mother had Alzheimer's, was showing early -- you know, Alzheimer's.

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24

signs of early onset He is

My doctor is not a neurologist.

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a general practitioner,

I guess, and he said that it

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would be because of depression.

Q

All right.

If at any time my question to

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you isn't clear, please?

A
Q

would you ask me to rephrase it,

Yes. Okay. Do you have any physical

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impairments that would affect your ability to remember?

A
Q

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suffered a traumatic brain injury.

Recently or -In 1988. Okay. And does that affect, to your

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A
Q

knowledge, your ability to remember? A

Q

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I don't know about cause and effect -Okay. -- about specific things. All right. Do you have any medical you don't have to

A
Q

conditions that you're aware of disclose them to me,

but do you have any medical

conditions that you're aware of that would affect your ability to remember?
A

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I have medical conditions, and a report I think you have a copy of it. And

was submitted.

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I think I answered that my doctor says depression affects the ability to remember.

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2

Okay.

Which report are you referring to?

The one that I provided you on May 27th,

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2011.
Q

Was that by a medical doctor? That's by Dr. Karin Huffer -Okay. -- in conjunction with my medical doctor. Okay. Have you ever been examined by

A
Q

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8

A
Q

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Dr. Huffer?
A

Not in person.

There's -- there was some

testing and so forth.

Q

Have you ever met her in person? No. Okay. All right. You're a high school

A
Q

graduate?
A
Q

Yes. College graduate? Yes. Okay. No. Have you ever been married? No. Do you have any children? No. Do you have any brothers or sisters? Are you married?

A
Q

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Q

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Q

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Q

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Q

I have one brother and one sister. And what is your brother's name? Mark Gillespie. And where does Mr. Mark Gillespie live? In Fort Worth, Texas.

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A
Q
A
Q

Do you have his street address? I can't remember it right now. Meadow

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Oak something Drive maybe.

Q

Meadow Oak? I really can't remember the street

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address right now.

Q

Okay.

Do you have a telephone number for

Mr. Mark Gillespie?

A

Not in memory. When is the last time that you spoke with

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Mark Gillespie?
A
Q

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Probably within the last week or so. And I believe you testified you had a

sister, as well?
A
Q

Yes. And what is your sister's name? Elizabeth Baurley. Can you spell the last name, please? B-a-u-r-1-e-y. And is -- where does Ms. Baurley live?

22

A
Q

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I don't have her present address.

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believe it's in the Chicago area.

Q

Do you have a telephone number for her?

A
5

When is the last time you spoke to her?

I

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A
time.
Q

haven't spoken to her for quite some

More than a year? Yes. More than five years? I don't remember. Have you ever been arrested? Can you explain that question more? This incident with this does that count?
I

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A
Q

A
Q

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mean this today?

incarceration today,
Q

Let's deal with prior to today's date, 2011.

I

which is June 21st, A

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There was an arrest a long time ago. and nothing came of it.

don't remember the date,

Q A

Okay. I -- I

What was it for? think it might have been for

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solicitation. Q
A Q

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Solicitation of what? Prostitution. Was that within the last five years?

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No.

Okay.

Have you ever been charged by a

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federal or state prosecutor with a crime?

A

No.

I mean,

not -- not to my

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understanding of things.
Q

Okay.

Have you ever been convicted of a

felony?
A
Q

No.

Have you ever been convicted of a crime

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involving dishonesty?
A
Q

No.

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And when I use the phrase "dishonesty," I perjury, larceny, using a Anything

mean such things as fraud,

false name with a law enforcement officer. of those types?

A
Q

I've never been convicted of anything. All right. I want to start with any

lawsuits that you currently have pending against any person or entity for money damages. I'm not

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focusing on things where you may be seeking just injunctive relief, but we will cover those. do you have any

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But for a moment,

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lawsuits pending where you are seeking money damages from any person or entity?
A

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I'm suing your firm and your law partner.

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Q
A

Uh-huh.

Anyone else?

There is a federal lawsuit involving this

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litigation.
Q

Is that the lawsuit that's pending in the

United States District Court in Marion County? A Q Yes. Okay. Is that the lawsuit where you

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personally named me and then dismissed me from it?

A Q

Yes. Okay. I'm familiar with both of those.

Do you currently have pending any other lawsuits of any type where you are suing someone for money damages?
A Q No.

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Okay.

Are you currently a defendant in

any lawsuit?
A

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No.

Okay.

Do you currently have any lawsuits

pending against any person or entity seeking only injunctive relief or equitable relief?
A

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I don't think there's any other lawsuits

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Q
A Q

Okay -- period. I believe somewhere I read an inventory

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of your property, and you placed a value on what you believe the federal lawsuit is worth. Do you recall

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doing that, placing a value on what you believe the federal lawsuit is worth?
A

You'll have to refresh my memory.

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don't know really what you're speaking about.

Q

Have you done an inventory of your

property in connection with my efforts to collect on the judgment?

A
Q

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I'm sorry. Yes, sir.

Can you repeat the question?

Have you done an inventory of your property in connection with my efforts to collect on this judgment?
A

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Yes.

I think it was done in May. It's here. Do you want me

THE WITNESS: to get it? MR.

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CASTAGLIUOLO:

He'll ask you to get

it if he needs it.
Q

I have a document which I ' l l show you in but I'll read what it is. It's a Notice

a moment,

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of Filing an "Affidavit And Inventory Of Personal Property Of Neil J. Gillespie And Designated Exemptions, Amended, " and it's dated July 29th, 2 0 1 0 , and - -

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A
Q

There's a more recent one than that. Okay. Well, I would like to ask you:

Was this document

and we're going to go ahead and

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mark this as Exhibit 1. MR. RODEMS: Mr. I don't have a copy for you, Gene,

-- and I'm going to just call you Mr. because I'm still

if that's all right,

struggling with the proper pronunciation. MR. Mr. C. CASTAGLIUOLO: You can call me

It might be easier for -MR. RODEMS: MR. Mr.

C.

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CASTAGLIUOLO: Yes, sir.

this lady. Okay.

MR. RODEMS: MR.

CASTAGLIUOLO:

Does this look like

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this is the new one? THE WITNESS: was from last year. MR. said. THE WITNESS: 2010. This is from July 29th, CASTAGLIUOLO: Well, that's what he Well, this one, I think,

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There's one from May 2011. MR. CASTAGLIUOLO: If the one in May,

does it incorporate everything that's in this one, or is it different? THE WITNESS: It's -- there's a lot of

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things that are the same. This

This is different.

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some of the things are different, but there was -- Mr. Rodems had garnished

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some funds, to me. I

and then the funds were returned

think that's probably the biggest

difference. MR. CASTAGLIUOLO: Why don't you just be

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responsive to his questions? I'm sorry, Mr. Rodems. take your stage. MR. RODEMS: No, no, not at all. I mean I didn't mean to

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the purpose of today is to gather information, and I really don't have any problems with you assisting Mr. Gillespie as needed. Obviously,

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if the two of you need to confer privately, we can arrange to take a break and THE WITNESS: sorry. MR. RODEMS: BY MR. RODEMS:
Q

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Do you have a -- I'm

Go ahead.

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My question -- I

think if we come back to

the question,

then maybe we can move forward -- is:

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was this affidavit submitted by you?

A

Yes. And was it submitted under oath?

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Yes. Okay. May I have that back, please.

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3

Q
A

(Tendering document.) MR. RODEMS: THE REPORTER: MR. RODEMS: Do you have stickers? Yes. I ' l l go ahead and put this

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on here. (Exhibit 1 marked for identification.) BY MR. RODEMS:

Q

All right.

Mr. Gillespie,

I believe

Exhibit 1 reflects that you value "Choses in action" -- Paragraph 6(g) Judicial Circuit,
A

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Page 2

"Gillespie v.

Thirteenth

et al" at $5.00. You

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No,

I didn't value them at that.

valued them at that. the document?

Q
A

If you -- may I refer back to

Yes,

sir, please do. "Mr. Rodems and

It says right here,

Barker, Rodems & Cook established a value for the choses in action of less than FIVE DOLLARS, see

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Defendants' Motion For Proceedings Supplementary to Execution,

Q

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submitted July 12th, 2010." Okay. Do you have any reason to believe

that the value of $5.00 is inaccurate?

A

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I put that in there because that's what

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value you put on it. value of it.

Q

I don't actually know the

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Well,

Paragraph 6 says, quote -- and this Correct? This is --

is -- this is your affidavit.

A

Yes. -- the affidavit you wrote. Paragraph 6

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says, quote,

The following inventory contains a true

and correct schedule of all personal property owned by me in the state of Florida, market value, close quote. and g is including its fair

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And then you list a through g, "Choses in action, Gillespie v. Circuit,

Thirteenth Judicial
So

et al.," and $5.00 is placed there.

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what I'm trying to determine is:

Is that what you

believe the fair market value of those choses of action to be?

A

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I don't know what the value is.

I relied

upon your statement, and now that I'm sitting here thinking about it, I don't even know if that's

considered personal property.

Q
A

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Okay. I mean, that to me is a legal question.

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Did you place anywhere in this Paragraph

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6 that you weren't certain whether or not this was personal property?

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A
Q

No.

You didn't qualify it in any way,

did

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you? A
Q

Well, Yes,

let me look at it again. sir. Is

A that
Q

Your question is about Paragraph 6?

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Paragraph 6 of your affidavit, yes, It's listed at $5.00. Okay.

sir.

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A
Q

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A value.
Q

And I relied upon your assessment of the

And what are the current pending claims

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in that litigation?
A

Well,

it's a -- a Civil Rights and

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Americans with Disabilities Act lawsuit.

Q

And are there also claims against Robert

Bauer?
A
Q

Yes. And the claims against Mr. Bauer, do they

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include claims for legal malpractice?

A
Q

No.

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Do they include claims that Mr. Bauer has

somehow committed a tort against you?

A

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As I recall,

the lawsuit is strictly

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Civil Rights and Americans with Disabilities Act.

Q

Okay.

Do you know of any reason that

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that civil action cannot be assigned to my clients for purposes of satisfying my client's judgment against you?
A
Q

Can you repeat that? Yes, sir. Do you know of any reason that

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that cause of action that's pending in the United States District Court in Marion County cannot be assigned by you to my clients in satisfaction or partial satisfaction of their judgment against you?
A

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Well,

I mean that's a legal question,

think,

and it would seem to me that it's within the It comes

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-- I can't think of the word right now. under one of the exemptions, of money. Q Okay. All right.

because of the amount

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Do you -- are you

currently aware of any claims that you have against any individual or entity for money damages that has not been submitted in the form of a lawsuit?
A
Q

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I don't really understand that question. Okay. You believed at one time that you

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had claims against my law firm and against my partner Bill Cook.
A

Correct? Barker as

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Yes.

And against you and Mr.

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shown in Plaintiff's First Amended Complaint.

Q

Okay.

And at some point you filed those

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claims in the form of a lawsuit in the Thirteenth Judicial Circuit.

A
Q

Correct?

Yes. Okay. Do you -- are you aware of any

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claims that you have right now against any person or entity that you have not filed in a lawsuit?
A

That really is a legal question that I

--

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I don't know how to answer.

Q

Okay.

Do you believe that any person has

wronged you so that you have a legal right to sue that person for money damages?
A

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That's a broad question.

-- I

really

don't understand. MR. CASTAGLIUOLO: Can we go off the

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record a second? MR. RODEMS: Sure.

(Discussion off the record.) MR. RODEMS: record, please. BY MR.

Q

Let's go back on the

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RODEMS: All right. We had a question pending, Do you --

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and then we took a break off the record. are you prepared to answer the question,

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Mr. Gillespie?
A

Yes. MR. RODEMS: All right. Let's go back, could you

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and if I could, Ms.

Court Reporter,

please read back the question so that we're clear? (Reporter reads as requested.)
A

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There may be, but I really don't

anticipate any litigation. BY MR. RODEMS:

Q

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Okay.

Let me give you some examples.

Have you been in a car accident that you believe was the fault of someone else that you believe you have a claim for injuries to yourself or damage to your property?
A

No.

And I might be wrong in

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volunteering, but any claims I would have are against you and your firm. think of.
Q

No one else that I can

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And -- and this court process. Okay. Well, what I'm trying to find out

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is whether you have any possibility of recovering any money from other people so that I may take the necessary actions to protect my clients' enforcing their judgment. asking you these questions. interest by

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That's the reason I'm

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So if, accident example,

for example

using the car

if you were in an accident last

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week and you broke your foot and you anticipated making a claim against the other driver or believed you may have a claim against the other driver, that

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would be the reason for me asking these questions, and

A
Q

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Well, Okay.

I haven't been in a car accident.

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I would say that some years ago there was

an incident at the University of Florida Veterinary School where I believe and others believe that they mistreated a pet, but I'm not bringing any lawsuit.
Q

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I believe that was your rabbit named

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Fluffy?
A
Q

That's right. Okay. Correct? And that was more than four years

ago.

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A
Q

It was some time ago. Yes, sir. Okay. All right. Do you

believe that anyone has committed negligence against you in the last four years so that you may recover money damages from a person or entity? define. And let me

Negligence being the failure to use

25

reasonable care causing injury to you or damage to

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your property.
A

Nothing that I

can think of outside this

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lawsuit. Q Okay. All right. Well, for purposes of

this question,

I am aware and you -- you are free to

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answer the question however you feel appropriate, but you don't need to repeat this lawsuit or the lawsuit pending in federal court in Marion County. If you wish to, those. Do you believe that someone in connection with this lawsuit has failed to use reasonable care and caused you personal injury or damage to your property?
A

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that's fine,

but I'm fully aware of

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Well,

that's a legal question,

and I

don't quite understand those terms in the way that you understand them.
Q

Okay. But I believe that Mr. Bauer was

negligent in the handling of my representation.

Q

Mr.

Gillespie,

isn't it correct that at

the time that Mr. Bauer entered a notice of appearance in this action, your claims against Barker, William J. Cook? you had dismissed all of Rodems & Cook and

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My understanding was that those

dismissals were of no effect because you maintained a counter-claim, and that is ultimately what the Had you

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Second District Court of Appeal held.

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dropped your counter-claim at that point in 2007 the lawsuit would have ended. Q that Mr. Okay. Well, let me go back. At the time

Bauer entered his notice of appearance,

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isn't it correct that you had dismissed your claims?

A

They were dismissed,

and then a week So it's my

later I withdrew the dismissal.

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understanding that they were not dismissed.

Q

And isn't it true that Mr.

Bauer was the

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attorney of record for you at the time that your dismissals were challenged by my clients in the trial court and then in the Second District Court of Appeal?
A

Yes. Okay. And Mr. Bauer was successful in Correct?

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maintaining the revival of your claims.

A

Yes, Okay.

and -- and he advised that. So what I'm trying to figure out

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is what do you believe Mr. Bauer did that was negligent in the handling of your representation?
A

Again,

that's a

-- I don't know how to

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respond in a legal sense to that question.

Q

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All right.

Then leave aside legal for a What do you think

moment and just tell me.

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Mr. Bauer did wrong in representing you?

A

I, you know,

would need time to sit down

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and put that down on paper to have anything comprehensive.

Q

Okay. But -Sorry. But I

And you've never --

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A
Q

-- I would say that you are aware And I

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of the bar complaint that I made against him. think that bar complaint sets forth a number of issues that I think were problems that he made.
Q

Okay.

Is there anything that you believe

that Mr. Bauer did wrong that you did not include in your bar grievance against him? A
Q

18
19 20 21 22

Probably. I'm sorry. Would you please repeat what

your last answer was?

A
Q

Probably. Okay. And as you sit here today, are you

23
24

able to recall anything specifically that Mr. Bauer did that you feel that was wrong that you did not include in your bar grievance?

25

27
1

Well,

I would say as a general -- just

generally I

think it was -- he gave me bad legal I guess -- to

3
4 5

advice to sue you to re -- re -- to,

proceed the way he did if he had no intention of seeing it through to the end. Q And did you not include what you've just

7
8

told me in your bar grievance for any particular reason?

A Q

I don't understand what you just asked. Okay. My question was could you tell me

10
11

anything -- and I'm paraphrasing my question -could you tell me anything that you did not include in your bar grievance against Mr. Bauer that you think he did wrong, and what you just related to me, and my follow-up

12 13 14

15
16
17

which the court reporter took down, question was:

Is there any reason that you did not

include that fact or that allegation in your bar grievance?

18

19
20

A
grievance. Q
A

I believe that was part of the bar

21 22

Okay. The bar grievance, as I recall, was about can't

23
24

18 pages -- the initial 17 or 18 pages,

so I

sit here and recite everything from that. Q I understand. But my specific question

25

28
1

is: Mr.

Is there anything that you can think of that Bauer did wrong that you did not include in your

3
4

bar grievance?
A

Nothing I can think of right now. Okay. And at the time that you prepared was it your intention to advise

5
6

your bar grievance,

7
8

the Florida Bar of everything that you believed that Mr. Bauer did wrong?
A

9 10
11

-- I meant it as a comprehensive

complaint.
Q

Did you intend,

at the time you submitted to not disclose

12 13

a bar grievance against Mr. Bauer,

any information about Mr. Bauer's wrongdoing?

A
Q

14
15 16

No. Okay. I mean -- no. So you intended your bar grievance to be

A Q

17
18

complete and comprehensive?

A

19
20 21

Yes. Okay. Have you been the victim in the which is the threat

last four years of an assault,

22

of the use of physical force against your will or desire?

A
Q

23
24 25

So the last four years? Would take us back -- and the reason I

29
1

ask about four years is because that would be the statute of limitations for a civil action, which I'm

3
4
5

not telling you that so that you can either agree or disagree. I'm
A

I'm giving you that as a basis for why

I can't think of anything, no. All right. And during the last four

7
8

years, person?

have you been physically contacted about your Hit, struck, punched, kicked? Any type of

9
10
11

physical contact without your consent within the last four years by any person? A
Q

12 13 14 15 16
17

Not that I can think of. All right. Are you aware if within the

last two years

strike that.

Within the last two years, has any person or entity made a false statement, about you?
A

oral or written,

18 19
20

Can you repeat that question? Yes. Within the last two years -- so

going back to June 21st of 2009 -- has any person or entity made a false statement, oral or written, about you?
A
Q

21 22

23
24 25

Yes. Okay. You. And who would that be?

30
1

Okay.

Anything outside of the court false

proceedings that you believe constituted a statement about you?

A

3
4

Are you including in that Mr. Bauer and

his bar complaint?

Q

6
7
8

Yes. Anything outside of this legal

proceeding,

which is the case you filed against P.A. and William J. Cook, and

9
10
11

Barker, Rodems & Cook,

the federal court proceeding which you filed in Marion County? Anything outside of those

12 13

proceedings where you believe any person has made a false statement about you within the last two years?
A

14

Well,

that doesn't include the bar

15
16 17 18

complaint then. Q Okay. What bar complaint are you

referring to?
A
Q

Against Mr. Right.

Bauer. my question is:

Do

19

I'm not

20
21 22 23

you believe any person has made false statements about you within the last two years? with that, Let's start You

and then we can work backwards. Any other person?

identified me.
A

24

think there were false statements in

25

the bar complaint.

31
1

Okay.

Why did you make false statements

in the bar complaint?

A

3
4

I didn't make them.

Other people made

them. Q
A

Well, I did. Okay.

who filed the bar complaint? In their responses I understand.

6
7
8

Q
A

-- with the bar complaint in response to

9
10
11

my bar complaint.
Q

Okay.

Who do you believe made false

statements in response to your bar complaint?

A

12
13

Well,

the one that I

-- I

think of is the I can't

office manager that made an affidavit. recall her name right now.
Q

14 15

Okay.

Can you think of any other false

16
17
18

occasion that any person or entity has made a statement about you within the last two years?
A

No. So you've identified me as a result of my

19

20
21

response to the Florida Bar in connection with your bar grievance against Mr. Bauer.
A

Is that correct?

22 23
24

And then this lawsuit. And you believe I've made false

statements in this lawsuit?

A

25

And you made false statements to Pedro

32
1

Bajo,

the Chairman of the Thirteenth Judicial And in conjunction I think

Circuit Nominating Commission.

3
4
5

with the bar complaint against Mr. Bauer, you wrote a 13-page -- against me. things,
Q

what I would call a diatribe

And there may have been other

6
7
8

too,

that I'm not aware of. So you believe that I have made

Okay.

false statements against you in connection with your bar grievance against Mr. Bauer, this lawsuit and, And the other

9 10
11

third, you believe -- or strike that.

person that you believe has made false statements about you within the last two years is Mr. Bauer's office manager?
A

12
13
14

Yes. Okay. And I also think you made false

15
16

Q
A

17
18

statements in the federal lawsuit.

Q

Okay.

Are you familiar with the term

19

"invasion of privacy"?
A
Q

20 21
22
23

Somewhat. Okay. Have you ever filed a lawsuit

against anyone for invasion of privacy?

A

I sued you and your law partners and your I believe, in

24

law firm for invasion of privacy,

25

Plaintiff's First Amended Complaint.

33
1

By the way,

just for the record,

the

First Amended Complaint was not accepted for filing by Judge Cook, was it?
A I

3
4 5

don't -- it was accepted by Judge "You can file it

Barton,

and he specifically said,

in the court record."

Q

That's in the transcript.

7
8

Okay.

believe at the time that Judge

Barton made that comment, you had not prepared a motion for leave to file an amended complaint, you?
A

9
10

had

11
12
13

Yes, You and

I

had.

That was on March the 5th, and

I

2010.

stood before Judge Barton, He read it and he said,

had the motion.

"You may did

14
15

file this with the clerk of the court," and I so.

Q

16 17
18

And did you ever call that motion up for

a hearing?
A

Judge -- I can't recall whether it was

19 20
21 22

what the status of the calling for a hearing was, because the same day that that occurred, it's my

recollection that Judge Barton also indicated that he had

tak~n

thousands of dollars -- that his wife

23
24

had taken thousands of dollars from your firm for court reporting services and that that ultimately created a conflict. As I recall, you provided the

25

34
1

case law about that,

and that led to his

disqualification on or about -- within the same month, Q later in the month. That was your second motion to disqualify Correct?

3
4 5

Judge Barton. A Q Barton, Yes.

7
8

In the first motion to disqualify Judge didn't you allege under oath that he caused

9
10
11

the death of your mother?

A

You know,

thought you were going to

bring that up, that.

Q

so I have a written statement about

12 13 14

Well,

I want -- I don't want a written Did

statement.

I want an answer to my question.

15
16

you file a statement under oath that Judge Barton had caused the death of your mother?
A

17
18 19
20

No.

You're misquoting the -- you're

misquoting that.
Q

I'm reading from your motion which is 2009 under penalty of perjury.

submitted October 5,
A
Q

21 22

Can I refer to my notes? Let me finish my question, Mr. Gillespie.

23
24 25

Quote, As a proximate cause of Judge Barton's actions, Plaintiff's mother, 2009. Penelope Gillespie,

died September 16,

35
1

A
Q

Yes. Mr. Gillespie, you had some training as a Correct? I took two or three classes as a

2 3
4

paralegal. A paralegal.
Q

5
6

And I believe one of your instructors was

7
8

Judge Demers?
A
Q

Yes. Uh-huh. And didn't you receive some type

9
10
11

of award or accolade from him for your -- for your studies?

A
Q

12
13

I don't recall. Okay. Mr. Gillespie, you've been Correct?

14
15

representing yourself for several years.

A
Q

Yes. You have an account with Westlaw.

16 17 18
19

Correct?
A
Q

No longer. But you did at one time. Yes. You know what the phrase "proximate don't you, sir? Correct?

20 21

A
Q

22
23 24

cause" means,
A

Yes.

And I believe that Judge Barton was

negligent as to the Florida Rules of Judicial Administration pursuant to Rule 2.250, paragraph A,

25

36
1

paragraph 1

paragraph B.

The time standard for a

civil trial case is 18 months from filing to final deposition. Pursuant to Rule 2.545 "Case Management (a)
I

3
4
5

Purpose.

Judges have"

"Judges and lawyers

6 7 8
9

have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so." Pursuant to Rule 2.545(b) Control.
I

"Case

10
11

The trial judge shall take control of all

cases at an early stage in the litigation and shall control the progress of the case thereafter until the case is determined. The trial judge shall take

12
13

14 15 16 17

specific steps to monitor and control the pace of litigation." And that relates to this jury civil jury case was filed August 11th Rule 2. 250 (a) (1) (b).
1

this

2005 under

18
19

The case should have concluded

1

18 months later on or about February 11th

2007.

20
21

Judge Barton assumed -- assumed control of the case February 13th

1

2007 and negligently managed the case

22 23
24

contrary to Rule 2.545. Judge Barton did not engage case management for a period of one year following the motion to withdraw by Mr. Bauer on October 28th.

25

37
1

Judge Barton allowed this case to languish and failed to perform case management duties imposed by Rule 2.545. Three years and three months later,

2 3 4
5

Judge Barton was still presiding over the case when he was disqualified for cause, May 24th, 2010.
So

6 7
8

Judge Barton was negligent with regard to the case management. Then there was a second set of negligence regarding his failure to conduct a hearing on a claim of exemption and request for a hearing served August 14th, 2008 by Mr. Bauer. A claim of "The following

9
10
11

12 13 14 15 16 17 18 19
20

exemption states in relevant part,

I

exemptions from garnishment apply to the Plaintiff, Neil Gillespie, wages. A, herein as stated. 1, head of family

Plaintiff provides more of than one half

of the support for a child or other dependent and have net earnings of $500. or less per week." other dependent referred to my mother, Gillespie, Penelope The

who was about 77 or 78 years old at that

time suffering from Alzheimer's dementia.

Q

21 22

Let me stop you there.

I'm going to give

you as much time as you need to answer it, but are you telling me under oath that your mother was declared by a court to be your dependent?
A

23
24

25

Not by a court,

no.

38
1
Q

Was she declared by anyone to be your

2 3

dependent?
A
Q
A
Q

Declared? Yes,
No.

4
5

sir.

6 7
8

But you're telling me that you believe

you have a basis to declare her as a dependent under the garnishment statute? I just want to make sure

9
10
11

I'm clear that that's what you're contending, Mr. Gillespie.

A

She was dependent because she couldn't do She was dependent on me to I had to take

12 13 14

anything by herself. drive her.

She couldn't drive a car. appointments.

her to her doctors'

She depended upon She was incapable

15
16 17 18
19
20

me to run the household for her. of doing that. meals.

Q

She depended upon me to cook her

What's the legal definition of a Mr. Gillespie, under the garnishment

dependent, statute? A
Q

21 22

I don' t

know .

But you asserted that she was your Correct? Mr. Bauer asserted that she was a

23
24 25

dependent. A dependent.

39
1

Q you? A Q

And you maintained that position,

didn't

2
3

Relying on my attorney, Okay.

yes.

Now,

Mr.

Gillespie,

you've read a

bunch of information.

Not in one word of that have

6
7
8

I heard anything that says that Judge James M. Barton, II caused -- proximately caused the death of

your mother. A Q Well, Well, we're not done yet. let me ask you this, Mr. Gillespie:

9
10
11

Everything you've just read,

you didn't include in

12 13 14

your motion to dis.qualify Judge Barton that you submitted on October 5th, A Q
2009,

did you?

No,

it wasn't in there. And you knew that this affidavit

15
16

Okay.

was of the type that Judge Barton had no ability to contest the factual accuracy, and you intentionally

17
18 19
20

chose to leave out what you considered to be important information that would explain the context of a statement like this. telling me?
A

Is that what you're

21 22

No.

What I'm telling you is that that

23
24

was written about two weeks after my mother's death, and I and I, was in profound grief. quite frankly, And I was devastated,

25

wasn't even aware of all these

40
1

rules that the judge had violated.

Q

Okay.

Then at the time that you stated

3
4
5

under oath "As a proximate cause of Judge Barton's actions, Plaintiff's mother,
2009,"

Penelope Gillespie, what actions did Judge

died September 16th,

6
7
8

Barton take that proximately caused the death of your mother? Mr. Gillespie, with training, you know

what the phrase "proximate cause" means,

A

don't you? I'm not

I have a layman's understanding. and I don't know what legal --

10

an attorney,
Q

11
12
13

Did your -- did your mother attend one

court hearing?
A
Q

She came down to the With Judge Barton? Judge Barton never even met your mother,

14 15 16 17
18

did he?
A
Q

No, he didn't meet her. Judge Barton never spoke to your mother did he?

19
20

by telephone,
A
Q

No. Judge Barton never wrote to your mother,

21 22

did he?
A
Q

23
24 25

No. But you put under penalty of perjury that

Judge Barton proximately caused the death of your

41
1

mother without any explanation whatsoever. that true,

A

Isn't

2 3

sir? I'm giving you the explanation now. I don't want the explanation now. I want

you to tell me whether or not you put the explanation in this affidavit under penalty of perjury.
A

6
7
8

I don't think that it needed to be that

9
10
11

comprehensive.
Q

You were trying to get Judge Barton off

the case, and you were willing to say anything that you could to get him off the case. true?
A

12 13 14 15

Is that not

No.

And I believe at that time you were

aware that you had paid money to the judge, and that ultimately led to his disqualification.
Q

16 17

Mr. Gillespie,

is it your testimony under

18
19
20 21 22

oath right now that I paid money to Judge James Barton?

A
Q

You paid -- let me rephrase that. Yes, sir, I think you should. May I consult with my

THE WITNESS: counsel? MR. RODEMS: idea.

23
24

I think that's a great

25

Why don't we take a five-minute break?

42
1

I'm going to go to the restroom.

I would like

my papers not to be disturbed while I'm gone. (Recess from 11:27 a.m. BY MR. RODEMS:
Q

3
4
5

to 11:32 a.m.)

Mr.

Gillespie,

is it your contention that

I paid money to Judge James Barton?

A

7
8

Your law firm paid money to Judge

Barton's wife in conjunction with her court reporting service that led to the disqualification of Judge Barton, and that that transaction happened at the -- at the time of the first motion to disqualify, Mr. Bauer.
Q

9
10
11

12 13

and you failed to disclose that to me or

14
15 16

Mr. Gillespie, you are aware that I and

my law firm never wrote a check to Judge Barton's wife,

A

aren't you? I don't have your response in front of me I believe you

17 18

to know whether that's true or not.

19
20
21

sent me check numbers and amounts that you paid to Judge Barton's wife.
Q
A

Judge Barton's wife or a company? Well, I said her court reporting company.

22
23

And weren't those payments for copies of

24
25

depositions in another legal action taken by another attorney?

43
1 A

I don't remember all the details, you without having the document to refresh my

2 3 4
5

know, mind.
Q

So is your testimony recanted that I

paid

money to Judge Barton?

A

6 7 8 9 10

Yes. All right. And I apologize for that misstatement. Do you have any claims against anyone for

Q
A
Q

damage to any property that you own that have not been filed as a lawsuit -A
Q

11
12 13

No. within the last four years? Do you believe that you've been the

14
15 16 17

victim of fraud or misrepresentation in the purchase of products or services at any time within the last five years?
A

18 19
20

Other than outside this -- these legal

proceedings, no.
Q

Do you believe that you have -- do you

21 22
23

believe that any oral contract you have entered into within the last four years has been breached by anyone or any entity?
A
Q

24

Can you repeat that? Do you believe that any oral contract

25

44
1

that you've entered into with any person or entity has been breached within the last four years?
A
Q

2
3

An oral contract? Yes, I sir.

4
5

-- I don't -- I can't think of

anything.
Q

Do you believe that any written contract

that you have entered into has been breached within the last five years?
A

9
10

Other than this lawsuit and Mr. Bauer,

11
12 13 14 15 16 17 18 19 20 21 22

no.
Q

Okay.

Other than Mr. Bauer, do. you

believe that any attorney has engaged in legal malpractice in the representation of you in the last two years?
A
Q

No.

I mean,

other than your firm and --

Did you understand the question? Can you repeat it? Has my law firm represented you within

A
Q

the last two years?

A
Q

No. Okay. Within the last two years, has any

23
24

lawyer committed legal malpractice in the representation of you?

A

25

Other than -- you know,

other than

45
1

Mr. Bauer -- and I'm not sure about the timing -Q

2 3

Okay. -- no. All right. Do you have any claims Doctors, anyone who

A
Q

4
5

against any health-care providers? chiropractors, osteopaths,

6
7
8

foot doctors,

provides medical treatment?

Do you believe that any

person or entity that's provided medical treatment to you, including dental treatment, within the last

9
10

two years has committed negligence?

A
Q

11
12 13 14 15

No.

Within the last four years,

has anyone And when I

converted any of your personal property?

say "converted," I mean taken it without your permission.

A
Q

16 17 18
19
20

Can you repeat that question? Yes, sir.

Within the last four years, has any person taken your property without your permission, so that you believe you have a claim against that person for money damages for theft?
A
Q

21 22 23

No.

Okay.
No.

Do you have any patents?

24
25

A
Q

Do you have any copyrights that have been

46
1

violated within the last four years?

A
I
1

m going to say -- I
1

m not even sure

3
4

what a copyright is

and
I

I
1

m going to update my

previous answer and say what a patent is Q

A Q

m not really even sure

Okay. -- but I don 1 t All right. think I have one.

1

7
8
9
10
11

Other than the lawsuit that

pending in the United States District Court Middle District of Florida 1 Ocala Division 1 do you have any

claims that any person or entity has violated any of state or federal rights regarding handicaps or disabilities? A cover what Q
1

12 13

14 15 16 17 18 19 20
21 22

Well
S

the federal lawsuit 1

that would Right?

happened in this case. Gillespie 1

Mr.

other than the claims that

are pending in the lawsuit that is pending in the United States District in the Middle District of Florida 1
1

Ocala Division/

do you have any claims that

you re aware of against any person or entity for

violation of your rights

federal or state 1

regarding handicaps or disabilities? A I would say no 1 but I would also say

23
24 25

that that complaint probably needs to be amended.

Q

Okay.

Have you been employed within the

47
1

last four years? A

Q

2
3

No. Mr. Gillespie, did you file What are we up to? Number

4 5 6

MR. RODEMS: 2? THE REPORTER: MR. RODEMS:

Yes. I'm going to make Number 2

7
8
9

the motion to disqualify Judge Barton. (Exhibit 2 marked for identification.) MR. RODEMS: I'm going to make Number 3

10
11

the Emergency Motion to Disqualify Judge Martha Cook,

2 010.

12
13 14 15 16 17
18

which was served on November 1st,

(Exhibit 3 marked for identification.) BY MR. RODEMS:

Q

Mr.

Gillespie,

is this a copy of the

emergency motion to disqualify Judge Cook that you filed on that date?
A
Q

19
20

Yes,

this looks like it.

May I see that? (Tendering document.) As part of this motion to disqualify did you ask the Court to transfer this

21
22

A
Q

23
24

Judge Cook,

case to be handled by the Communist Party of Cuba and Fidel Castro?

25

48
1

A
Q

May I

see what you're referring to? The pages

2
3
4

I'm looking at Paragraph 20. which reads, Mr. quote,

are not numbered,

Upon

information and belief,

Fidel Castro is by

profession an attorney at law and currently the First Secretary of the Communist Party of Cuba. Nothing in Section 38.13 Florida Statutes limits the selection of a Judge ad litem to a Florida licensed attorney or mandates a Florida court. Clearly the

6 7
8

10
11

Florida courts have not been able to lawfully adjudicate this lawsuit. The Republic of Cuba is

12 13

the nearest sovereign to the state of Florida. Mr. Castro studied law at the University of Havana The University

14
15

and holds a Doctor of Laws degree. of Havana, founded in 1728,

currently offers a Castro

16
17

Faculty of Law.

Gillespie would accept Mr.

or his designee as Judge ad litem.

A
Q

18 19
20

Yes. Do you believe you have any claims for

money damages against Fidel Castro or Cuba?

A

21 22

No. Did you write to President Barack Obama

23
24 25

about this case? A Q Yes. Do you believe you have any claims for

49
1

money damages against President Barack Obama?

A Q

No. Did you file documents with Justice

3
4

Clarence Thomas of the United States Supreme Court regarding this lawsuit?
A
Q

Yes. Do you believe you have any claims for

8
9 10
11

money damages against Justice Clarence Thomas?

A

No. Did you write to Governor Rick Scott

about this lawsuit?

A

12 13 14 15 16 17 18

Not specifically about this lawsuit. but

I

There were other things, Scott, yes.

Q

did write to Governor

Do you believe you have any claims for

money damages against Governor Rick Scott?

A
Q

No. Do you believe you have any claims for

19
20

money damages against any judge assigned to this case that has not been filed in the lawsuit pending in the United States District Court Middle District of Florida, Ocala Division?
A

21

22 23
24

Can you repeat that last part again? Yes. Do you believe you have any claims for

25

50
1

money damages against any judge assigned to this case that has not been filed as part of the lawsuit pending in the United States District Court, District of Florida,
A

3
4

Middle

Ocala Division?

Well,

Judge Nielsen wasn't added to the if that's what you're asking.

that complaint, Q

7
8

Do you believe you have any money --

claims for money damages against Judge Nielsen?

A

9
10
11

I don't quite understand what you mean by but Do you believe that

money damages,
Q

Let me clarify.

12 13

Judge Nielsen should be ordered to pay you money damages for anything he has done that you believe wronged you?
A

14

15
16 17
18 19
20

Either that or it's a matter for the

Judicial Qualifications Commission in the form of whatever kind of discipline that they mete out. Q then, All right. On the basis of that answer

I would ask you what claim do you have against

Judge Nielsen that you believe he may owe you money damages for? Defamation? Is it negligence? Breach of contract?

21
22

Violation of your rights under the ADA?

23
24

What do you believe that Judge Nielsen did that entitles you to make a claim for money damages against him?

25

51
1

It would be those kinds of claims,

the

2
3

Civil Rights and ADA.

Q

What,

specifically,

did Judge Nielsen do

that violated your rights under the Americans with Disabilities Act?
A

5
6

think he failed to restrain your --

7
8

your behavior towards me that was in violation of the ADA.

Q

What part of the ADA governs my

10

interaction with you?

A

11
12

think when you obstruct someone based that that might fall under

on their disability, that.

Q

13
14
15

That's your answer? Yes -your answer? that's my answer. Okay.

Is that

--

A
Q

16 17 18 19 20 21

A
Q

What did I do to obstruct you

based on your disability?

A

Well, you had knowledge of my disability

from your prior -- your firm's prior representation.

Q

22 23
24 25

Let me stop you there.

We'll go through

everything one by one, but I want to stop you at that point. What gives you the basis to testify

under oath that I had some prior knowledge of your

52
1

disability because my law firm at one time represented you?

A

2 3

Because you have access -- first of all, a three-member -- three-partner

it's a small firm, firm. And I

5 6

recall reading case law that said in

those circumstances it's reasonable to assume that the lawyers talk among themselves about the clients and that the lawyers have access to the clients' files. Q Do you have any personal knowledge that

7
8

9
10
11

at any time that my law firm was representing you that I knew anything about you, other than the fact

12 13 14 15

that you came in one time and I was introduced to you on one occasion?

A
Q

Can you repeat that again? Do you have any personal knowledge that

16 17 18
19 20 21 22

other than being introduced to you one time during the period that my law firm represented you that I had any information about you, medical conditions, your case or your Or are

whatever they may be?

you making an assumption?

A
Q

think part of it is assumption.

23
24

During the time that my law firm did I ever appear at any

represented you,

25

depositions with you?

53
1

think it was Chris Barker that appeared Cook. Mr. Gillespie.

2 3

at the deposition with Mr.

Q

That wasn't my question,

My question was: represented you,

During the time that my law firm did

I

5
6

ever appear at any

depositions with you?

A
Q No.

7
8

During the time that my law firm are you aware of me signing any

9
10
11

represented you,

documents relating to your case?

A

No.

12
13

During the time that my law firm did Mr. Cook at any time advise you

represented you,

14
15 16

that he had discussed your case with me?

A

Yes.

mean not just you but the -- the

three of you. Q Mr. Did Mr. Cook at any time tell you, Mr. Cook, had discussed with

17 18
19
20

Gillespie,

that he,

me your medical condition?

A

think what he said was he will discuss

21
22

this case with his partners to decide whether or not they want to represent me, saying that "we" and I got a letter back

23
24 25

-- meaning you and Mr. Barker --

did not want to take the case. I mean, I don't have the letter in front

54
1

of me,

but Mr.

Cook was representing to me that your I guess,

firm and the partners made a decision,

3
4

based on my medical records and the facts and the law that you didn't want to take the case. Q any Do you have any personal knowledge about how me and my two partners conduct our law

5 6
7
8

firm's business?
A

Outside of the letters you provide me and Cook said, no.

9
10
11

what Mr.
Q

Do you have any personal knowledge that

Mr.

Cook at any time consulted with me about any

12 13

cases involving you?

A

Just as I explained before. Is there any letter where Mr. Cook says,

14 15 16

"I spoke to Ryan Christopher Rodems about your case,

11

Mr.

Gillespie?
No.

17
18 19
20

Q that?
A

Anything that even remotely sounded like

Well,

when I get a letter that says that

21

"We have considered your case" and it's just Mr. Cook and his two partners, I'm assuming that the

22

23
24

three of you made a decision.

Q

And on that basis you have represented to knew

25

this Court -- numerous occasions -- that I

55
1

about your disability.

A
Q

Isn't that true?

2
3

That's right. Mr. Gillespie, let me ask the question Do you have any personal

again for the final time.

knowledge that during the time that my law firm represented you, condition? THE WITNESS: question over again. MR. CASTAGLIUOLO: It does seem like the It seems like it's This seems like the same I knew anything about your medical

6
7
8
9

10
11

same question, Mr. Rodems. asked and answered. MR. RODEMS: Well,

12 13 14

I would like an

answer to the question. MR. CASTAGLIUOLO: But he already

15
16 17
18 19 20 21 22
23

answered it. MR. RODEMS: to the question. His answer wasn't responsive I want to know if he has

personal knowledge that I knew anything about his medical condition during the time that I represented the law -- that he was represented by my law firm.
A

No.

24 25

BY MR. RODEMS:
Q

Do you believe you have any claims for

56
1

money damages against Judge Claudia Isom?

A
Q

2
3

As set forth in the lawsuit. Okay. Do you believe you have any claims

for money damages against Judge Martha Cook? A

6 7 8
9

Who is Judge Martha Cook's husband? William Sedgeman. And do you understand that he worked for

A
Q

a bank? A
Q

10
11

He worked for a bank?

Yes.

Did you ever have a bank account at any

12

bank that Judge Cook's husband worked for at any time?

A

13
14 15 16 17 18
19

Yes.

I mean,

when you say "worked for,"

I think he owned the bank or was the CEO of the bank.

Q

Did you at any occasion in this lawsuit

while Judge Cook was presiding over the case ask her to recuse herself because you had a business relationship with her husband?
A

20 21

Yes. Did you, in fact, have a business

22

23
24

relationship with her husband?

A

A business relationship with a bank that and he's

25

is identified with him as he founded it,

57
1

the CEO, Q

in that -- in that sense. When did you have a business relationship Before this lawsuit

3
4
5

with Judge Cook's husband?

began or after this lawsuit again?

A

After. When did you have a business relationship Before Judge Cook became

6
7
8

with Judge Cook's husband?

the presiding judge or after?

A
Q

9
10
11

After. Isn't it true that you opened a bank

account in Judge Cook's husband's bank as a way to try and get her disqualified from this case?
A Q No.

12 13 14

Did you open a bank account at Judge

15
16
17 18 19
20

Cook's husband's bank after the time Judge Barton entered a final judgment against you in favor of my clients for over $11,000?
A

I'm sorry. MR. RODEMS:

Can you repeat that? Can you read it back,

please? (Reporter reads as requested.)

A

21 22

Yes.

23
24 25

BY MR. RODEMS:
Q
A

Was it a savings or checking account? Checking.

58
1

How much did you deposit when you opened

2 3
4 5

the bank account?

A
Q
A

$50. And where did that $50 come from? Social Security Disability income. And where was the bank located? In my old neighborhood in Tampa. Where is your old neighborhood in Tampa? Where that branch was. Where was that branch? Right, you know, south of center --

6
7 8

Q
A

Q A Q A

9
10
11

12 13 14

downtown here. Q Okay. And at that time how many other

bank accounts did you have?

A

15 16
17

None. And where were you living at the time? Ocala. Can you explain to me why you chose to

Q
A

18
19
20

open an account at a Bank in Tampa that had some affiliation with Judge Cook's husband at a Judge Cook was presiding over this case? A Yes. My primary reason for opening the because time when

21 22

23
24

account was to get a mortgage for my home, the home is in foreclosure. I

had exhausted the say

25

local mortgage providers in Ocala -- when I

59
1

"exhausted," probably a better word is I

--

I went

2 3
4 5 6

to a number of them and didn't seem to -- wasn't able to get a mortgage. And I was familiar with

this bank even before I knew the people behind it. Just because it was a fixture in my neighborhood, and it was a comfortable landmark. And I, you know,

7 8 9
10
11

went to another market to see if the financing here would be any better than in Ocala. Q Did you at the time that you opened the

bank account know that Judge Cook's husband worked there?

A

12 13 14 15 16
17

Just -- I didn't know really all the

details.
Q

That's not what I asked you. MR. RODEMS: Can you read back the

question I asked? (Reporter reads as requested.)

A
Q

18
19
20

think so.

What do you mean you think so? I'm not sure of all the details. Did you do any searches to find out who

A
Q

21 22

Judge Cook' s husband was?

A

23
24 25

Well,

found that out by -- you know,

when I was searching for disability issues.

Q

You found out the name of Judge Cook's

60
1

husband when you were searching for disability issues?

A Q

2
3

Yes. And when was that? Before or after Judge

Cook became the presiding judge on this case?

A

6
7
8

Well,

Judge Cook seemed hostile towards So I

disability.

I was trying to understand why.

searched for Judge Cook and disability and learned that she had a daughter that was disabled, and that

9
10
11

Judge Cook apparently liked to speak to the press about it and get stories in the paper about her disabled daughter and so forth and so on. And the not

12
13 14 15

daughter's name has the husband's last name, Cook.

Q

And it was at that point that you were

16
17 18

doing this research that you became aware that Judge Cook's husband was affiliated with the bank?
A

Yes. And it was after that that you opened a Correct?

19
20

bank account.
A Q

21

Yes. So you knew that Judge Cook's husband

22 23
24
25

worked for the bank that you were opening the account with at the time you opened the account. Isn't that true, Mr. Gillespie?

61
1

A Q

Yes. And then you moved to disqualify Judge

3
4

Cook on the basis that you had a business relationship with her husband.
A

Correct?

5
6

That was one of many -- a number of

issues.
Q

7
8
9

And then you wrote a motion to disqualify

Judge Cook in which you reiterated information you had learned about her daughter. Isn't that true?

10
11

A
Q

Well,

Judge Cook published --

Isn't that true? Yes. I would add that you're twisting it

12 13

and taking it out of context. Q Mr. Gillespie, you placed the name of

14
15 16

Judge Cook's daughter into legal filings and accused Judge Cook of having animosity towards disabled people,
A

17 18
19
20

didn't you,

sir? yes,

And I explained the basis for that,

because in the disability groups that I have been involved with where you have parents of disabled children and adults with disabilities, a conflict. there's often

21 22

And it's an understandable conflict,

23
24

and I believe that that conflict was the basis for disqualification. Q No, actually, Mr. Gillespie, what you

25

62
1

were trying to do is you were trying to intimidate Judge Cook and make her step aside, Just like
A
Q

weren't you?

3
4
5

No. Didn't you tell Judge Nielsen that he was

6
7
8

hostile towards pro se litigants and had a sadistic quality?

A

Didn't you file that under oath, Well,

as well?

to answer your Judge Cook question, remember of her response,

9
10
11

she actually,

from what I

agreed with me.

And she wrote in her order of

denial saying that if you bring this back again with the proper -- I forget the exact terminology,

12 13

but if you bring it back with the proper certification or whatever, herself, Q so -Your testimony is Judge Cook agreed with that she would disqualify

14 15
16

17
18

you that she was hostile towards disabled people?

A

No,

but if you have the order, That -- my

I ' l l --

19
20

I ' l l quote precisely from it.

understanding was that Judge Cook believed, I read in her response,

by what

21 22

that she would find the

basis for a disqualification on disability if I submitted the document in a different form.

Q
A

23
24

That's your recollection? Yes.

25

63
1
Q

Do you believe you have any claims for

2
3
4 5

money damages against Judge Cook's husband?

A
Q

No. Do you believe you have any claims for

money damages against Judge Cook?

A

6
7 8

Well, you've asked that already,

and I

--

yes,

as set forth in the federal lawsuit.

Q

Okay.

Do you believe you have any claims

for money damages against Judge Arnold?

A
Q

10 11
12 13

No. Do you believe you have claims for money R-o-w-1-a-n-d?

damages against David Rowland,

A
Q

As set forth in the lawsuit. Is there anyone that is employed or

14
15 16 17

affiliated with the Thirteenth Judicial Circuit that you believe you have claims for money damages against that you have not included as part of your federal lawsuit?
A

18
19 20 21

Well, no. Okay.

-- I can't really think of anyone

right now,
Q

Do you believe you have any claims

22
23

against the Marion County Sheriff's Office for money damages?

A

24 25

The Marion County Sheriff's Office? Yes, sir.

64
1

A
Q

No. Any individuals employed with the Marion

2
3 4 5

County Sheriff's Office?

A
Q

No. Do you believe you have any claims for

6
7
8

money damages against the Hillsborough County Sheriff's Office?

A
Q

No. Do you believe you have any claims for

9 10
11

money damages against any individuals employed by the Hillsborough County Sheriff's Office?
A
Q

12 13 14 15 16 17 18 19
20

No. Has anyone affiliated with the

Hillsborough County Sheriff's Office been named as a defendant in your federal lawsuit?
A
Q

I can't think of one. All right. Are you familiar with an

organization known as YouSue.org?

A

Yes.

Well,

I would say I don't know that YouSue.org is a domain name.

it's an organization.
Q

21 22 23 24

Who owns it? THE WITNESS: (Mr. Do I have to answer that?

Castagliuolo and the witness

conferring off the record.)

A

25

It's in the trust's name.

65
1

I thought you filed a document or

2
3

represented to the Court that the only asset in the trust was a home in Ocala. accurate?
A

Is that accurate or not

4 5
6 7
8

Can you repeat that question? MR. CASTAGLIUOLO: Let me interject that

I made that representation to Mr. Rodems, because it was my understanding that was what your testimony was going to be. THE WITNESS: MR. Uh-huh. So I don't want to be but

9
10

11 12
13

CASTAGLIUOLO:

the one to jeopardize his position, MR. RODEMS: MR. Well,

let me ask the I may have

14 15 16 17 18 19
20

CASTAGLIUOLO:

misunderstood what he -MR. RODEMS: Understandable, question. The trust that we've -- that we've referred to when we said the trust, we're going to mark this as Exhibit 4. The -- and I Perfectly understandable. Let me ask the

Counsel.

21 22

will represent on the record that pursuant to Judge Arnold's order, the trust document is to

23
24

be considered confidential and not disseminated outside of this case without the Court's

25

66
1

permission. (Exhibit 4 marked for identification.) BY MR. RODEMS:

Q

3
4

When I

refer to the trust today,

I'm

5
6

referring to the Revokable Inter Vivos Trust Agreement that appears to have been created on February lOth, Mr. Gillespie?
A

7
8

1997.

Do you see Exhibit 4,

9 10
11

Yes,

uh-huh.

Is this a copy that you provided to me

today during the deposition?

A Q

12

Yes. Okay. To your knowledge, has this

13

14
15

Revokable Inter Vivos Trust Agreement ever been amended?

A

16 17

I believe it has amendments on there. Are they attached to it? Yes. Okay. And is it your testimony today

Q A Q

18
19

20
21 22

that YouSue.org is owned by this trust?

A

My understanding that -- I'm not really the YouSue.org I mean, I

certain about whether -- I mean,

23

domain name does not appear in the trust.

24 25

think that -- that's clear from reading the trust. I'm not really sure about what the legal status of

67
1

domain names are. like an expense. Q

I know that to me they just seem

3
4

Who -- who is the individual that created

the domain name YouSue.org?

6 7 8 9
10

How did you go about creating it? I thought about it.

And then what did you do? I registered it.

Where did you register it?

13

Well,

I'm not really sure how they spell

14 15 16 17 18 19
20

How did you register it? Online. Using your computer? Using a computer, yes.

Online?

And if I subpoena the records from that entity, l&l.com, am I going to get an application or

21

other information showing that you registered that name?

A

22 23
24

I'm not sure what you'll get. Did you register that name, YouSue.org,

25

in the name of yourself or in the name of the

68
1

Revokable Inter Vivos Trust Agreement?

A

Well,

again, But,

I'm not real clear on the initially, I registered it I was a under an it seemed

3
4

legal intricacies. in my name,

and then shortly thereafter, I guess,

5
6
7
8

manager and the trust was named, entity.

And then after some other time,

to have changed back. that happened. it back.

I don't really understand how

And then I made an attempt to change so I don't

9
10
11

I haven't checked it for a while, but I

really don't know what the status is, think it's a good name, anyway. Q

and I'm phasing it out

12 13 14

Weren't you contacted by YouTube and

ordered to change the name?

A

15
16

No.
Were you ever contacted by any entity

17
18 19 20 21 22

representing YouTube and told to change the name?

A Q

No.
Okay. At what point did you -- as you it was initially

just testified a moment ago, registered in your name. registered in your name?

At what point was it

23
24

A
Q registered?

I'm sorry? At what point -- at what date was it

25

69
1 A

Originally? Yes, sir.

3
4
5

It would have been in -- I'm going to say

around April of 2010.

Q

So it was after Judge Barton's final

judgment was entered?

A
Q

7
8

Yes. So at a certain point YouSue.org was Gillespie, and after Judge Barton's you transferred the name to

owned by Neil J.

10 11
12 13

judgment was entered, the trust. A

Is that your testimony? I don't really understand all the legal

implications.
Q

14 15
16

Who today is the owner of YouSue.org? I really don't know. I mean, it's either

me or the trust.
Q

17
18

If it's owned by the trust, Gillespie, you,

was it to the trust

transferred by Neil J.

19
20 21 22

after it was initially registered? A

Q

Yes. What authority did you, Neil J. have to transfer anything to the trust? I don' t Well, know .

Gillespie, A
Q

23
24 25

then how was it transferred to the

trust?

70
1

Maybe it wasn't transferred.

I don't

2 3
4
5

know.
Q
A
Q
A

Was there a registration fee? If there was, it was nominal.

Is it paid on an annual basis?

No.

6 7
8

I mean,

I'm not really sure about

all the details.

Q

How did you initially register the name?

9
10

How did you pay the entity that you registered the name?
A

11
12 13 14 15

I think the name was included as part of

a package.
Q

How did you physically pay whoever gave Check? Cash? Money order?

you the package? Credit card?

A

16 17
18

It would have been a -- a money debit

card.
Q

Okay.

Do you have any records relating

19 20 21 22
23

to the registration of the name?

A

I'm -- I don't know.

I mean,

I can't

think of any.
Q

Who is the trustee of the trust right

now?
A

24 25

There's two co-trustees -- successor It is myself and my brother, Mark

co-trustees.

71
1

Gillespie.
Q

How is YouSue.org hosted on the web?

3
4
5

What company hosts it?

A
Q

I believe it's l&l.com. Do you pay any money or does anyone pay

6
7 8
9

any money on an annual basis for hosting that website?

A
Q

Well,

it's paid,

think,

quarterly.

Who pays it?

I

10 11 12 13 14 15

A
Q

do.

How do you pay it? By a Walmart debit card. And whose name is on that Walmart debit

A
Q

card?
A

My name.

I would also add that the last -- I was short of cash, another

16
17 18 19 20 21 22
23

payment, because I

person paid one of the quarterly payments.

Q
A
Q

And who is that? Susan DeMichelle.

T or D? D.

A
Q

D as in David? Yes. Spell the last name. It's D-e-M-i-c-h-e-l-1-e. Something like

A
Q

24

25

72
1

that.
Q
A

2 3
4 5

Who is Susan DeMichelle? Susan DeMichelle is a California

deposition reporter who is in a lawsuit with Attorney Michael Laurato in this Hillsborough County Court and some other litigation.
Q

7
8

What other assets does the trust own

besides possibly YouSue.org?

A

9
10
11

You know,

from a legal standpoint,

I'm

not really sure, because the only thing the trust document, so
Q

as I read

I think the home is in there,

12 13 14 15 16 17

You're a trustee? I'm a successor co-trustee. Do you receive any records relating to

A
Q

the activities of the trust?

A

Records?

I don't know what you mean by

18
19
20

that.
Q

You don't know what a record is? Not as regard to a trust. Anything with writing on it that

A
Q

21 22

describes that has happened with the trust officially.

A

23
24 25

I'm not aware that the trust has issued

any such writings.

73
1

Q
A

Does the trust have a bank account? No. The home is owned by the trust? The quit the answer to that is in the I

3
4
5

Q
A

quitclaim deed. mean,

I believe it shows that -- yeah, right,

I believe the home is in the trust, Yeah.

7
8

uh-huh.
Q

What other assets does the trust own? I believe that's the only -- the only

9 10

issue -- the only asset.

Q

11
12 13

And who is the other trustee?

Your

brother, Mark? A
Q

Yes. Okay. Do you currently live in the home

14
15 16

that's owned by the trust?

A
Q

Yes. Who pays the property taxes? I pay them at times, and my brother has

17
18

19
20 21 22
23

paid them at times.

Q

Does the home have electricity? Yes. Who pays the electric bill?
I

A
Q

A
Q

do.

24

Does the home have water? Yes.

25

74
1
2
Q

Who pays the water bill? I do. Does the home have cable TV? Yes. Who pays the cable TV bill? The cable TV bill is part of a package of

A
Q

4
5

A
Q

7
8
9

services from the developer.

Q

Okay. Those are currently in arrears/ so no one

10

is paying them.
Q

11
12 13

So the home is part of an -- an entity in

which fees are paid for the provision of certain services?

A
Q
A
Q

14

Yes. Is it a homeowners/ Yes. Or is it a condominium association

1

15
16 17
18

association?

or do

you know?
A
Q

19

I believe it Okay.

a homeowners/

association.

20
21 22

And the homeowners/

association

provides cable TV services?

A
Q

They -- yes. Okay. What about maintenance of the Who pays

23
24

exterior of the house such as the lawn? for that?

25

75
1

A
Q

That's part of the maintenance fee. Okay. And how are these maintenance fees

2
3

billed?
A
Q

On a monthly basis or -Yes. How much are they on a monthly basis? About $266. And how much in arrears are the HOA

4
5

7
8

fees?
A
Q

About 2,600. Has there been any effort to foreclose by

10

11
12

the HOA?
A
Q

No. Has there been a notice of lis pendens

13

14

placed against the home?

A
Q

15
16

No. Has there been any type of lien placed

17
18

against the home?

A
Q

Not that I'm aware of. Is the home in foreclosure? There hasn't been any foreclosure lawsuit but the Bank of America said that the home is quote, unquote, early stages of foreclosure.

19
20

21
22

filed, in the,
Q

23

Does your brother, Mark, pay any portion

24
25

of the money that's required to care and maintain the home?

76
1 A

Well,

he did make the last real estate

2
3

tax payment.
Q
A
Q

Are the taxes current? Yes. Have you received any distributions from

4 5

6
7
8

the trust of any money at any time in the last five years?
A
Q

No. Was there an occasion when you assigned

10

any money damages received in this lawsuit to the trust?

A

11
12
13 14

Yes.

No.

No,

I assigned the damages to

my mother.
Q

And why did you do that? Just to have a record that she was, entitled to the money. you

15
16 17 18

know,

Q
A

Did she give you some money? Not directly, no. And I would say that

19

money -- there was money that was borrowed on -using a credit card to pay Mr. Bauer and money on, as I recall, some kind of home equity account that and then I

20
21

22

was used to pay Mr. Bauer legal fees, made payments on those.

23
24 25

It was -- it was as if we were in this together. When Mr. Bauer agreed to take the case,

77
1

Mr. Bauer had agreed to look into some issues for my mother, know, as well, and he represented her on, you

3
4
5

some minor representations. you know,

I don't know that

there was any,

books of accounting kept.

It was just informal.

Q

Okay.

Who was the personal

7 8 9
10
11

representative of your mother's estate? A Q estate, My brother. What became of the asset to your mother's which was your assignment of money damages

that you may potentially receive in this action?

A

12
13

Can you repeat that? MR. RODEMS: Yeah. Can you read that

14 15
16

back? (Reporter reads as requested.)

A

I don't think anything has become of it.

17 18

I don't think it really has any value at this point. BY MR.

Q

RODEMS: Well, I agree with you on that, but be

19
20

that as it may,

there was an assignment to your

21 22
23

mother's estate, and your mother's estate has been, I assume,

A

resolved by now?
No.

24
25

It's still open? Yes.

78
1

Is there a legal action pending? I don't understand the question. And I'm

3
4
5

going to have to stop and get some water pretty soon. MR. RODEMS: Let's take a break. to 12:37 p.m.)

(Recess from 12:20 p.m. MR. RODEMS: BY MR. RODEMS:

Q

7
8

We're back on the record.

9 10
11

Now, Mr.

Gillespie,

just want to make There was a

sure that the record is clear on this.

point in time in which -- while we were on break -you were in the room. was not in the room.
A
Q

12 13 14 15 16 17
18 19

I was in the room. Correct?

But Mr.

Yes. We did not speak at all during that did we? No. Not even normal chitchat. That's correct. Okay. Good. Correct?

break, A
Q

A
Q

20
21

Let me ask you this about YouSue . org. : Who has the ability or authority, I should say

22
23 24

to make any changes to the website known as YouSue.org? A Me.

25

79
1
Q

Anyone else? No. Okay. And how do you physically go about

A
Q

3
4
5

making changes to the website?

A

I use a proprietary program provided by

l&l.com.
Q

7
8

And where is that program located?

On

your computer or on some other place?

A
Q

9 10
11

It's on their computer. Okay. The content that actually makes up

YouSue.org,

is that stored on your computer or

12 13

somewhere else?
A

Somewhere else. And who has the right to change or alter

14
15
16

that content other than you?

A
Q

I'm not aware of anyone else. Okay. are you? No. You're not an employee? No. Okay. You're not paid by the trust to are you? And you're not employed by the

17 18 19
20

trust, A
Q

21

A
Q

22
23

run the YouSue.org website,

A
Q

24

No. Okay. Do you currently have any bank

25

80
1

accounts?
A
Q

No.

3
4
5

Do you currently have any accounts

anywhere held by someone in your name holding money?

A
Q

No.

Stock account?
No.

Brokerage account?

7
8

A
Q

Certificates of deposit?
No.

9 10

A
Q

Okay.

When is the last time that you had

11
12
13

a bank account?
A

That would have been Community Bank of

Manatee.
Q

14
15 16

Okay.

And what was the name of the bank

that you had an account at where we garnished the four or $600 or whatever it was?
A
Q

17 18 19
20

That was the Park Avenue Bank. Is the Park Avenue Bank still in or has it closed? It Okay. it failed. Other than Community Bank and Park

existence, A
Q

21

22

Avenue Bank, have you had any bank accounts since March of 2008?
A

23
24
25

I may have had -- I had an account

briefly at Alarion Bank.

81
1

How do you spell that? I'm not exactly sure, but it's Something like that.

2
3 4
5

A-1-i-r-o-n.
Q

Where is that located? Ocala. There's a physical bank that you can walk

A
Q

6 7
8

into in Ocala?
A
Q

Yes. Okay. Any other places where you've had Checking or savings?

9 10

bank accounts?
A
Q
A

11 12
13

No.

Or any money market accounts?

No.

14 15 16 17
18

Okay.

And do you currently receive

income from any sources?

A

Yes. Where? Social Security Disability. Anything else?

No.

Q
A

19
20

Q
A
Q

21 22
23

And does Social Security -- does the

Social Security Administration send you payment each month?

A
Q

24 25

Yes. How do they send it to you?

82
1

A
Q

Electronically. And where does it go to electronically so

3
4 5
6 7
8

that you can access it?

A

I'm going to call it a Social Security

card.
Q

Okay.

Can you be more specific about

what you mean? A Social Security put the -- I was getting and in the envelope with the

9
10
11

a physical check,

physical check was a -- information about how to get a card so that you wouldn't get a check and you would get a card instead.
Q

12

14

A
Q

Well,

a plastic card.

15
16
17 18 19

Does that plastic card have your name on

it? A
Q

Yes. Does it have an account number associated

with it? A
Q

20
21 22

I believe there's a number on it, yes. Is it your Social Security number?

No.

A
Q

23
24
25

And is this plastic card something that

you can use as you would a debit card or a credit card?

83
1 A

Well,

it's definitely not a credit card.

2
3 4 5 6 7
8
9

I guess you could call it a debit card.

Q

And what entity or organization

administers that debit card?

A
Q
A

I don't -- I don't know. Do you have that card with you today? No. Do you get a different card each month? No. And where is that card today? At -- it's in my wallet. And where is your wallet? In my vehicle. Okay. So if we take a break, you can go

Q
A
Q

10

11

12
13

Q
A

14
15 16

to your car and get that wallet so that I can see that card?
A

17 18
19

Yes. Okay. We'll take a break and take a look

at that.
A

20
21

Oh,

wait a minute.

I don't have my car

keys.
Q
A

22
23 24

Okay. So I have no way to access the car.

I

gave the keys to James. MR. CASTAGLIUOLO: And where is he?

25

84
1

THE WITNESS:
Q

I don't know.

2 3

Who is James? James is someone that came with me today. What is James's last name? Worley. Spell it. W-o-r-1-e-y. And what is your relationship to James

A
Q
A

4
5

6
7 8

9
10

Worley?
A
Q

He's a friend. Does he live with you? No. Where does he live? He lives, you know, in Tampa.

11
12 13 14 15 16 17

A
Q
A

How did you get to the deposition today? I drove. From Ocala? Yes. In what vehicle? My vehicle. And Mr. Worley is now in possession of

Q
A
Q

18
19
20

A
Q

21 22 23 24

your keys to that vehicle?

A
Q
A

Yes. And your wallet is in that vehicle? Yes.

25

85
1
Q

And do you know Mr. Worley's address? He doesn't have a permanent address right

3
4
5

now that I'm aware of.

Q

Do you know where he lives? I think he stays with friends. How did you meet Mr. Worley? I met him when I lived in the

A
Q

6
7
8

neighborhood here in Tampa over by the bank.

9 10

11
12 13 14 15

you pick Mr. Worley up at his residence?

A
Q

No.

16
17 18 19
20

How did Mr. Worley get here, I believe he walked.

if you know? he

I mean, he

drove and parked his car and then walked.

Q

I see you have what appears to be a cell Is that correct?

phone with you today.

A
Q

21 22 23 24

Yes. What is your cell phone telephone number?

(352) 615-7368.

A
Q

Is that the same number as the telephone

25

at the home that you reside in?

86
1

A
Q

No. And what is the home telephone number?

(352) 854-7807.

2
3

A Q A
Q A

And whose name is that telephone in? My mother's name. And who pays that bill? I do. Now, I asked you if you paid the but

7
8

Q electric,

9
10
11

and I believe you told me you did,

whose name is the account in? A Q

A

The electric bill? Yes, sir.

12 13

My mother's name. Does the homeowners' association send

14 15

monthly invoices for payment of the $266?

A Q A Q

16
17 18 19

Yes. Whose name are they sent to? My mother's name. And your mother's name was Penelope

20
21

Gillespie?
A

Yes. Is there any reason that you're aware of water bill and the

22

23
24

that the electric bill, homeowners'

association dues are not in the name of

25

the trust since the trust owns the home?

87
1

A
Q

I don't know. Okay. Do you have any Internet service

3
4 5

at your home?
A
Q

Yes. Who provides that? The same people that provide the phone I think it's CenturyLink now. Would you say that again? I didn't catch

6 7
8

service.
Q

9
10
11

that.
A

Sure.

Let me wet my lips here so I can

speak better.
Q

I think it's CenturyLink. C-e-n-t-u-r-y?

12
13 14 15 16 17 18 19 20

Century, Yes. Link? L-i-n-k.

A
Q

A
Q

And they provide Internet service to your

home to the best of your knowledge?

A
Q

Yes. Okay. And your cell phone, what company

provides that? A
Q

21
22

This is a Walmart phone. Who is the actual carrier, I don't know. Do you pay a bill on it? No. It's a prepaid card. if you know?

23
24

A
Q

25

88
1

When you need to put more money on the

phone, what kind of card do you buy? A

Q
A

3
4
5

I buy a card at Walmart. From what company? I don't know. It looks like it's from

Walmart.
Q

7
8

What computer do you use to access the

Internet at your home?

A
Q

What computer? Yes, sir. Well, strike that. Do you have a

10 11
12 13

Let me ask it this way: computer in your home? A

Q

Yes. Does it connect to the Internet? I -- I have a laptop computer that's

14
15

A mine, say
11

16 17 18 19
20

and I have a larger computer that -- when I larger,

11

I mean a desktop that, you know, household.

is

part of the, you know,

I mean, both are

capable of connecting to the Internet.

Q

Do you use both? I tend to use the desktop just because

21 22
23

it's easier to read the screen and the keys are larger.
Q

24 25

All right.

So we'll refer to that as the

desktop.

Who owns the desktop?

89
1

That would be,

you know,

the estate or

2 3

the trust.
Q

Who is the manufacturer of the computer? It was something made locally, you know,

5
6
7
8 9

by just a bunch of parts. Q

A

And the laptop, That's mine.

who owns the laptop?

Q laptop? A Q
A

And who is the manufacturer of the

10
11

I believe it's HP. How old is the laptop? I got that around 2004, 2005.

12

13
14 15 16

Q
A

And when was the desktop acquired? That was acquired -- I want to say around Maybe the

two thousand -- the early part of 2009. later part of 2008.

Q

17
18 19
20

Where was it acquired from? Some local store. Who actually purchased it? I did.

Q A Q
A

21
22
23

What money did you use to purchase it? I don't recall. why do you contend

If you purchased it,

24

that the estate or the trust owns it?

A

25

Well,

it was a replacement for a computer

90
1

that was there already that stopped -- you know, stopped working.
Q

2 3 4
5

When did your mother pass away,

Mr.

Gillespie?
A
Q

September 16th, 2009. Was the desktop purchased before or after

7
8
9

your mother passed away?

A
Q

Before. Okay. Do you have the most recent

10

inventory you've done of your personal property with you?

A
Q

11 12 13 14
15 16

Yes. Okay. May I see it, please?

Let me just make sure this is the recent Yes, uh-huh. Okay. Thank you.

one.
Q

17
18 A

Is this a photocopy, Mr. Gillespie? I don't know what you mean by a

19 20 21

photocopy.
Q

May this one be attached to the

deposition as an exhibit, or do you need this back?

A

22 23
24 25

No,

I brought that to give to you. Yes, sir. We'll make this

MR. RODEMS: Number 5.

(Exhibit 5 marked for identification.)

91
1

BY MR.
Q

RODEMS: Now, just for the record, I'm handwriting

3
4 5

"5" on an exhibit tag and putting that on the document. notice, Mr. I'm not covering up any type, Gillespie, but I

that there is an "Exhibit 9"

6
7
8

that's to the right of the exhibit that I've placed on here with a handwritten "5" on it.
A

Yes. What is that reference to that "Exhibit

9
10
11

9 II?

That references the responses to Deposition Duces Tecum, September 3rd,

12 13

Defendants' 2010,

updated. Q Okay. You mentioned in this affidavit

14

15
16 17
18

that you were homeless from approximately September of 2002 through February of 2005. Where did you

sleep during that time period that you were homeless?

A
Q

19 20
21 22

Many places. Any place that you stayed more than one

consecutive night?
A
Q

Yes. Where would that be? Well, if I had money, I I stayed in maybe a For

23
24 25

motel.

After I got my van,

slept in the van.

92
1

a time,

I lived in a storage unit.

There were even

some nights when the weather was nice that I slept outside.
Q

3
4 5

And since February 2005,

have you at any

time been homeless?

A
Q

6 7
8

No. Since February of 2005, have you lived

anywhere other than the 8092 Southwest 115th Loop address in Ocala?
A

9
10
11

No. Okay. Does anyone reside with you at

12 13 14

8029 Southwest 115th Loop today?

A
Q

No. Has anyone resided with you there since

15 16
17 18 19 20 21 22

your mother passed away?

A
Q

No. Did anyone reside there besides you and

your mother at any time after February 2005 and prior to her passing?
A

No. Have you ever lived with your brother,

Mark?
A

23
24

Just,

you know,

for brief visits --

visiting.
Q

25

Okay.

Have you ever lived with your

93
1
2

sister? ever
A
Q

I've forgotten her name,

but have you

No.

Okay.

And if you recall,

what year did

5
6

your father pass?

A
Q

I believe it was 2003. Okay. Prior to your father's passing,

8
9

did he reside with your mother?

A
Q

Yes. You list your sources of income as Social

10
11

Security Disability benefits of $22,050 a year. Have you in -- have you had any other income for any other -- strike that. Have you received any other form of monthly income or weekly income since the time that you became disabled in the eyes of Social Security?
A

12 13

14

15
16 17 18 19 20
21

I'm not really understanding that

question.
Q

All right.

Let me -- let me back up then

and see if I can make this more clear. When did you begin receiving Social Security Disability benefits? A
Q

22 23
24 25

1994. Have you held any jobs where you were

paid wages at any time after 1994?

94
1

A
Q

Yes. Did you hold jobs and receive Social

3
4 5
6

Security Disability benefits at the same time?

A
Q

Yes. And to your knowledge, was that allowed

by the federal law regarding Social Security -A

Q

7
8

Yes. -- Disability? Okay. When is the last time that you had

10
11

a job where you received income?

A

It would have been the early part of

12 13 14

2 0 0 5.
Q

And what was your last employment? It was food server. And why have you not worked since the

15 16 17
18 19
20

early part of 2005?

A
Q

I haven't been able to. What occurred in two thousand -- strike Let me back up. If I understand correctly, you qualified

that.

21 22

for Social Security Disability in 1994, and you last held employment in the early part of 2005. Is it your

23
24 25

accurate that prior to the early part of 2005, disability did not prevent you from holding employment?

95
1

I don't understand what you're asking. What has changed since the early part of

3
4 5

2005 that your disability prevents you from working and it did not prevent you from working prior to that?
A
Q

just got less and less offers for jobs. did you continue to pursue

7
8 9 10
11

Well,

employment?
A

Well,

for example,

I had a

job as a

courier at one point, some kind of a

and I had a

-- something but it

I'm not sure what happened,

12
13 14 15 16 17

might have been a diabetic -- like falling asleep or nodding off or -- I don't know what to call it, I -- I had a car accident. So that was the end of that job, my car, totaled. you know, And I was my livelihood, because and

and my car was and

couldn't work and I had no car, Well,

18
19 20

that's kind of when I became homeless. homeless before then, Q

I was

but that made it worse.

Do you recall preparing documents in

21 22

connection with a notice of compliance dated July lOth of 2008? now.

A

And I ' l l show you a copy of that

23
24
25

Fact Information Sheet, Okay.

yes,

uh-huh.

I have some questions about some

96
1

of the documents you attached, back, please.

A

if I might have that

3
4

(Tendering document.) MR. RODEMS: We'll go ahead and make

5 6 7
8 9 10
11

this Exhibit 6. (Exhibit 6 marked for identification.) BY MR. RODEMS:

Q

Mr. Gillespie,

I'm looking at a Park

2008,

Avenue Bank statement dated April 7th,

and

attached to it are some deposit slips that show deposits in the amount of $300,
$25,

cash;

$10,

cash;

12 13 14

cash;

$15,

check;

$25,

check;

$10,

it's not

clear.

Do you recall what the sources of this money

was that was being deposited into your account?

A

15
16 17 18 19
20

Not precisely, no,

but I think, it was just cash I

especially in the larger amounts,

had in my pocket from an earlier withdrawal that was just put back in the bank.
Q

Okay.

Were there any occasions since

this lawsuit began where you have conducted any business over the Internet in which you've been paid for services? services? Buying or selling items? Providing

21 22

23
24 25

Anything that you have any involvement

with PayPal with?

A

I did have a PayPal account,

and I did

97
1

have an eBay account.

And I

looked into, you know,

selling things on line, but by the time the fees were calculated and the mailing and the time, just a money-loser,
Q
A

3
4
5

it was

and I gave all that up.

When did you give all that up? It's been a number of years. Before or after Judge Barton entered a

6 7
8

judgment against you in this case in approximately March of 2008?

A

9 10

It was -- it was in 2008. Okay. There's a check that was 2008 to PAB. Who is

11
12 13 14 15 16 17 18 19

apparently issued on April 3rd, PAB? A

Q

I'm assuming Park Avenue Bank. Okay. May I Yes, see it? sir.

A
Q

A
Q

I don't know what to tell you about that. That's fine. There is also one to

20
21
22

SunTrust Bank. Bank?

A

Did you have an account at SunTrust

No,

but I was making payments for money I believe, pay Mr. Bauer. And what was the payment to Was that for

23
24

that was used to,

Q

Okay.

25

Thompson West Payment Center?

98
1

Westlaw?
A

That was for some kind of legal research

3
4
5

or book or something.
Q

All right.

And I

see something to SCA,

and then there's something written on the memo line. Are you able to read that check that's at the

6
7

bottom of the page?

A

It looks like some kind of -- something I don't know. Do you have any recollection of

9
10
11

about a computer. Q Okay.

what that might have been for?

A
No.

12 13 14

I'm going to show you something else which is a bank statement

that's part of Exhibit 6,

15
16 17
18

of 6 -- January -- I'm sorry-- June 2nd of 2008. It indicates that there's a number of deposits received from PayPal.
A
Q

Yes. What -- what was the source of money

19
20

being deposited into your Park Avenue Bank account from PayPal?
A

21
22 23

Well,

like I

said,

tried,

you know, We also a

buying and selling a few things on eBay. bought things for our house.

24

A lot -- you know,

25

number of times you buy something on line,

and when

99
1

it arrives,

it doesn't,

you know,

seem like it meets

your expectations, again.

and you sell it -- sell it online I think that's what most of

3
4

Get rid of it.

that was. Q Okay. And is this Certificate of Title

5
6
7 8

that's part of Exhibit 6 -- this copy -- is this for the van that you currently own?
A

Yes. Okay. Although there was -- there is a

9
10
11

Q
A

different title for the van now. Q

A

12 13 14 15 16 17 18 19 20 21 22

And why is that? I was afraid you were going to take my so I transferred

van and we wouldn't have any car, the van to my mother. Mr.

Bauer failed to inform me

as my attorney that I had one-thousand-dollar exemption for a vehicle. So we were afraid that you

would take our transportation and we wouldn't be able to go to the doctor or to the store. Q
A

So whose name is the van titled in today? My name. Well, how is that any different than the

23
24 25

title that's part of Exhibit 6 which is titled in your name?

A

Well,

I ' l l show you the title,

and you

100
1

can see
Q

2 3 4
5

Yes,

sir.

A
Q

-- yourself. Let's do that. (Tendering document.) So then if I understand correctly, the

A
Q

6 7
8

title that's attached to Exhibit 6 was transferred in your mother's name, and then at some point it

9
10

transferred back into your name?

A
Q

Yes. And the purpose of transferring it to

11
12 13 14 15 16 17

your mother's name was to prevent my client as judgment creditors from obtaining that to pay down the judgment?
A
Q

That's correct. Why haven't you paid down the judgment,

Mr. Gillespie?
A
Q

18
19 20 21 22

I don't have money to pay it down. Okay. I would also add that it's on appeal. The judgment is on appeal? Yes, sir.

A
Q
A

23
24 25

The judgment that awarded my client money

damages was affirmed by the Second District Court of Appeal, was it not?

101
1 2

That's correct. Okay. So it's not on appeal?

Q
A

3 4

Well, my understanding of the Rules of

Appellate Procedure are that when there is a final judgment in a case, all preceding judgments are up for review.
Q

5
6 7
8

Okay.

That's the basis for your last

testimony?
A
Q

9
10
11

Yes. All right. We're going to go through We're

I'm going to hand you back this document.

12 13 14

going to go through all of the documents you brought in a few moments. Mr. Gillespie, when is the last time that

15 16
17 18 19 20 21 22

you examined the Affidavit and Inventory of Personal Property of Neil J. Gillespie and Designated Exemptions, May 16, 2011, Exhibit 5 in this case? you reviewed it?
A
Q

that we have marked as When is the last time that

looked it over recently. Is it accurate?

Is it correct? I believe so. Is it complete? I believe so.

A
Q

23
24 25

A
Q

Are there any items that you did not

102
1

include here on this affidavit and inventory of personal property? A

Q

3
4
5

Not that I can think of. I don't see YouSue.org mentioned. I didn't put any of the domain names,

6
7
8

because they seem like an expense, not an asset.

Q

What other domain names do you have? Fluffythebunny. Dot com? Yes. This is the rabbit that you took to the

A
Q
A

9
10

11
12 13 14

University of Florida that you allege that the veterinarians at the University of Florida provided improper care to?
A
Q

15 16 17
18

Yes. And that has pictures of it of that -- of

that rabbit named Fluffy?

A
Q

Yes. Okay. And who are the children in those

19 20
21 22

pictures? A boyfriend.
Q

They were friends of my mother's They were visiting from Colombia. And did you secure their permission to

23
24

list them on your website?

A

25

Not to list on the website,

no.

103
1

On YouSue.org did you take pictures from

2 3
4

my law firm's website and appropriate them onto your website?

A

I'm not sure where I got those pictures

5
6

from.
Q

Did you

did you obtain any written

7
8

permission from me or any of my partners to do that?

A

No,

and I feel they're in the public

9
10

domain.
Q

You believe you have the right to use my

11
12
13

law firm's property for your use -A

Q

If it's -on the basis that it's public domain? If something is in public domain, I

14 15
16

believe it's a fair use.

Q
A

Okay. And I'm not sure exactly where I got Whether they -- some of them

17
18

those pictures from.

19 20 21

might have been left over from our rep -- when you rep -- your firm represented me, just took -- well, the details.
Q
A

and some of them I

-- I

just don't remember all

22
23
24
25

What other domain names do you have? NoSue.org. Anything else?

104
1

I mean,

there's -- I guess we should --

2
3

you mean ones being used or ones not being used?

Q
A

I'm trying to find out what you own. Like I said, I really don't consider them

assets, Q

so I don't have them listed. Well, if I tried to use YouSue.org, would

6
7
8

you contend that I had improperly used your domain name?

A

9 10
11

I don't see how you could use it. All right. Well, let's not get into

Q semantics.

What other domain names do you have

12 13
14

registered in your name besides YouSue.org, fluffythebunny.com and NoSue.org? A wanted,

Q

I but I

could get a list together if you can't remember them offhand.

15
16
17
18

How many do you think there are

approximately?
A

Six or seven. When you acquire a domain name, does that

19

20
21

prevent somebody else from using it?

A

I believe so. And you don't consider that personal

22 23
24

Q property?
A

I don't know if it's personal property or I don't even

25

intellectual property or what it is.

105
1

know where it's located.

Q

2 3
4
5

Any of these websites or -- strike that. Any of these domain names you have

identified,

does anybody else have the right to use

them besides you?

A

6 7
8

Well,

there's one with Ford versus I actually

Ferrari that James Worley -- you know, got it for him, to him yet.
Q

and I

just haven't made the transfer

10

What is the domain name? It's something Ford F150 versus Ferrari. If I wanted to go to that website or see what exactly would I type

11
12 13 14

A
Q

what that domain name is,

into my address bar of my computer?

A

15
16 17
18 19 20 21 22

I'm not exactly sure,

because there are

some dashes.

I'm going to -- I'm going to give you www.f150-vs-ferrari

a name, but it may not be exact, dash

Q

I mean,

dot com. do you have

All of these domain names,

records for them?

A
Q

No. Do you have any documents in writing that

23
24 25

tell what they are or what payments have been made for them?
A

No.

106
1

Q this?

Where would you get the information for If I asked you to provide me with a where would you get the list of

3
4
5

the domain names, information?

A

I have just,

think,

a list of them in a

file.
Q

7
8

Mr.

Gillespie,

are you aware that it

violates Florida law for you to transfer assets to prevent a creditor from reaching them?
A
Q

9 10
11

-- I don't understand.

You can't give your car to your mom to You can't

12 13

prevent your creditors from reaching it.

assign property that you have now when you owe judgment creditors to other people. of that?
A
Q

14
15 16

Are you aware

No. Well, you are now.

17

18
19
20

A
Q
A

Thank you. Did you file income tax returns for 2010? Yes. I noticed on YouSue.org that there is a they can

21 22

place where if people wish to donate money, do so.

A

23
24

Has anybody donated any money to YouSue.org? That's not true. Okay. Is there any mechanism in place or

25

107
1

any invitation to people who access the website YouSue.org to make a contribution? A Q
A

3
4 5 6

No.

Has there ever been? A long time ago there was when I first

started the website.

Q
A

7
8

Was any money received?

No.

9 10
11

Q hatchback? A hatchback, Q
A

Okay.

Did you ever own a 1998 Chevrolet

It was a 1998 Chevrolet Metro and, uh-huh.

yeah,

12 13 14 15 16 17
18

And what has become of that vehicle? That was the car that was totaled when I

was driving as a courier.

Q

Okay.

Let's go through the items that I The first item modifications or

have requested in the deposition. was the trust and all amendments, changes.

19

You've provided me with a document which Is it your testimony that this is a 1997 and all

20
21 22

is Exhibit 4.

copy of the trust dated February lOth, amendments or modifications or changes?

A
Q

23
24 25

Let me take a quick look at it. Yes, Yes, sir. uh-huh.

108
1
Q

Okay.

Did your brother, Mark J.

Gillespie, A
Q
A
Q

at one point live in New Jersey? Yes. And he now lives in Fort Worth, Yes.
I

3
4
5
6

Texas?

see attached to Exhibit 4 the First

7
8

Amendment of the Gillespie Family Living Trust Agreement, dated February 10, 1997, and it is 2006. To your

entered into February 21st,

10

knowledge, has there been any other modifications to the trust?

A
Q

11
12 13

No. Okay. Have you ever received any money

14

from the trust?

A

15 16

No. Payments directly to you from the trust? No. Who -- you mentioned that you and your are co-trustees?

Q
A
Q

17
18
19 20 21 22

brother, Mark Gillespie,

A
Q
A

Successor co-trustees. Explain what you mean by that. A successor co-trustee? Yes, sir.

23
24 25

Q
A

That means we did not make the trust. Okay.

109
1

We succeed the people that made the

2 3 4

trust.
Q

And as co-trustees,

who has the authority

to dispose of the trust assets?

A

think either one of us have authority.

Q Mr.

And who has granted you individually, the right to live in the horne that's

7
8

Gillespie,

part of the trust asset? A Q My mother did. And is that authorization to live in that

10
11

horne in writing? A Q No. Has there been any investigation into the

12
13 14

possibility of renting the horne?

A Q

15
16 17

No. And what is the approximate market value

of the horne that is the asset of the trust? A Q

91,000.

18
19 20

And I believe I have read in other

documents that there's a reverse mortgage?

A

21
22

That's right. Is the trust receiving any payments

23
24 25

pursuant to that reverse mortgage?

A
Q

No. When is the last time that any payments

110
1

were made pursuant to the reverse mortgage?

A
Q

2
3

On the settlement date. And when was that? I'd have to look it up. That was around

4
5

June of 2008.
Q

And how much money was paid out on June

7
8

of 2008?
A
Q

$9,420. What is your understanding of how the Now that your mother is

9 10
11

reverse mortgage works? deceased,

is the company that paid out the money

12
13

entitled to sell the property and receive the proceeds? THE WITNESS: I don't know how to Am I supposed to

14 15
16

proceed at this point.

speculate about my understanding of how a reverse mortgage works? (Mr. Castagliuolo and the witness

17 18 19
20

conferred off the record.)

A

All right.

Well, my -- I mean,

a reverse

21 22

mortgage,

generally, when the person who made the then the reverse mortgage becomes

mortgage dies, due.

Q

23
24 25

Okay.

So did the reverse mortgage become

due when your mother passed away?

111
1

Well,

there's some question in this case, So some people

because there's a trust involved. say it's due, Q

A

3
4
5

and other people say it's not due.

Who is claiming that i t ' s due? Bank of America. Has the trust received any documents from Letters, correspondence,

6
7
8

Bank of America? statements,

A

invoices? No,

Anything?

9
10
11

the bank doesn't send letters to the

trust. Q

They send letters to my mother's name. All right. Paragraph 2 requested that

12 13

you bring each and every document that you received from the trustee of the Gillespie Family Living Trust Agreement dated February lOth, there any responsive documents?
A

14 15 16 17

1997.

Are

Well,

I objected to that.

Without

waiving the objection,

there's no list of documents and the rules do not

18
19

responsive to the request,

require the creation of a record when the record does not exist.
Q

20
21

All right.

What I'm asking you is:

Have

22 23
24 25

you brought any documents that are responsive to Paragraph 2 today?

A
Q

Some of these might be, Well,

but I don't know.

why don't you show me what you

112
1

think might be?

A
Q

(Tendering documents.) All right. You're handing me a series of and the front page

3
4

papers that are clipped together,

has an exhibit sticker with the number 20 on it. Tell me what this package of papers is.
A

6
7

Well,

that would be 20 of your questions,

8
9 10
11

which apparently has to do with real estate.

Q

Okay.

If I read this correctly, Mr.

Gillespie,

the borrower for this reverse mortgage and

was Penelope M. Gillespie, Neil J. Gillespie, Mark Gillespie as co-trustees of the Gillespie

12 13 14

Family Living Trust, an agreement dated February 10,

1997.
A

Correct? That's one way to read it. Bank of

15
16 17
18

America doesn't agree with that.

Q

And I'll read the acceleration clause "The Lender may

about when the debt becomes due.

19
20

require immediate payment in full of all sums secured by the security interest if a borrower dies and the property is not the principal residence of at least one surviving borrower." MR. CASTAGLIUOLO: Where are you,

21

22

23
24

Mr. Rodems? MR. RODEMS: Page -- in the Adjustable

25

113
1

Rate Horne Equity Conversion Second Mortgage, and I believe I am reading from -MR. CASTAGLIUOLO: There are little,

3
4

tiny page numbers down on the bottom on the left. MR.

3.

5
6

RODEMS:

Yeah.

Paragraph 9 at Page

7
8

BY MR. RODEMS:
Q

9
10
11

Well,

I guess that's an issue between but it sure

Bank of America and all of you folks,

does appear to me that you're a borrower and you're still living there, the debt. Gillespie?
A

12 13 14

and there is no acceleration of Mr.

Is that your understanding,

15
16

That's what I've been told. Okay. And so this would be responsive to

17
18 19
20

Paragraph 20 of the documents to be produced, correct, A Q

2.

and that's why you put 20 on there? Yes. And it may also be responsive to Number

21 22 23 24

Correct?
A

Possibly. Okay. Are there any other documents that which

you believe may be responsive to Paragraph 2,

25

requests documents -- that you've received from the

114
1

trust?
A

Well,

as it says,

I don't have a list of

3
4 5

documents responsive to that request.

Q

Well,

I'm not asking for a list.

I'm

asking for the actual documents. to inspect, none, A then the actual documents.

That's what I want Now, if there are

6
7
8

I don't know what -- what documents there

9
10
11

would be, because there's no list to go to.

Q

Okay.

Well,

for example if your brother

Mark as co-trustee sent a letter you that says, "Dear Neil, enclosed please find a check for $5,000

12
13 14

which came from the trust," that would be an example of a document that you received from the trust.
A
Q

15
16 17
18

There's no letters like that. Okay. So there's no documents between

you and your brother -- written documents between you and your brother that talks about the trust?
A

19
20

That's correct. Okay. How about emails?

21

I can't really think of any, other than

22 23
24

we did discuss this issue with whether or not the debt was accelerated or not. But Bank of America and I think

believes that the debt is accelerated,

25

that was the extent of our communication.

115
1

Is there any reason that you haven't

2 3
4 5 6 7
8

produced today those emails?

A

Because I don't have a list of them. Well, I didn't ask for a list. I asked

to see the actual documents.

A

Well,

I wouldn't know where to go for the

documents without a list. Q A responsive, What is this list you're referring to? If there's no list of documents the rules don't require the creation of

9
10
11

a record when a record does not exist. MR. word, CASTAGLIUOLO: Let me just have a

12 13

please. (Mr. Castagliuolo and the witness

14
15 16 17 18

conferred off the record.)

A

I didn't even think of it. You didn't even think of what? That the emails would apply to whatever

Q A

19
20 21 22

that question was.

Q

All right.

Well,

Mr.

Gillespie,

would

like to see all of the documents that I've requested. If you have interpreted the request in a

23
24 25

certain fashion and made a more narrow response than you would with a better understanding, I am going to

expect after this deposition is -- is concluded that

116
1

you will produce the balance of the documents/

and

the deposition will remain open until you 1 ve made a full and complete production. So I 1 m
I
1

3
4 5

m not sure what you I don t

1

understood a list to be. that information. for that. I don 1 t

know where you got

know what you looked at

7
8

A
Q Mr.

Mr.

Rowland from this court. Well

1

9
10
11

Okay.

I don 1 t

know what but he certainly was you should not

Rowland may have told you 1

not your attorney/

and you are not

1

12 13 14

have gone to a court legal advice/ conversations/ was not said.

representative and asked for

and I 1 m -- I 1 m not privy to those so I don 1 t know what was said or what

15 16
17

But my request is for documents which whether it 1

S

includes every writing of every type 1 maintained on paper or electronically.

18 19
20

So if there 1 s been communications between you and your brother by email regarding this trust I expect those to be produced. I And 1 Mr.
1

Gillespie 1

21 22

am sure that you 1 re aware that destroying

documents when they 1 ve been requested in discovery would violate the discovery rules and subject you to sanctions 1 so I don 1 t need to go into that.

23
24 25

But if there are other documents that

117
1

responsive to this, mentioned,

besides the emails that you've

I would expect to see from you copies of

3
4

all documents that are responsive.

A

I don't -- you know,

sitting here right

5
6

now I

can't think of those documents. Q And it's possible that if you at one time you may not have them anymore. I don't

7
8

had emails, know.

But what I'm saying is,

is that if you have

9
10
11

interpreted me to be requesting a list and that you didn't make a list, list and you don't have to produce a

I'm not asking anything about a list. I'm saying if you have documents

12
13
14

electronically stored, printed up and saved,

such as emails,

or actually

such as letters or emails or

15
16

whatever you may have printed up and they're in your custody, possession or control and they are you have a duty to

17
18

responsive to this request, produce those.

And this deposition cannot be

19 20

concluded until I've gotten a full and complete response. So I would ask you at the conclusion of

21
22

today's session that you go back and make sure that I have received everything that I've requested. What other documents have you brought with you today,
A

23
24

Mr.

Gillespie?

25

Here's a list of my debts.

118
1
Q

Okay.

This has "Exhibit 21" written on

it.

Does that mean that it correlates to Request

3
4
5

Number 21?
A

Yes. Okay. Is it your testimony that this

document,

which is entitled Department of Education

7
8

Loan Services and is a letter to you dated May 30th of 2011, is a true and accurate statement of the

9 10

amount of money that you owe for student loans?

A

That's a document that they -- a copy of

11
12
13

a document they sent me.

Q
A

Okay. I don't know if it's up to date or not. All right. Have you been making payments

14 15 16 17 18 19
20

on your student loans?

A

No. When did you cease making payments on

your student loans?

A
Q
A

I don't recall. Okay. I need to use the restroom again. MR. CASTAGLIUOLO: Let's take a break. to 2:12p.m.)

21 22
23

(Recess from 1:41 p.m. MR. RODEMS:

24

Back on the record. the

25

Let me tell you what -- obviously,

119
1

written terms are going to govern, but let me tell you what this agreement means to me if it's signed. This lawsuit in the Thirteenth

3
4 5

Circuit, we will issue a satisfaction of judgment and dismiss this action with prejudice. Mr. Gillespie will be responsible for dismissing with prejudice the appeal in the Second DCA. And we will contact the court in and

6
7
8

9 10
11

Marion County and dismiss that action, then all claims will be gone. I can assure you that we have no

12

13
14

interest nor would we have any claims against Mr. Gillespie, because this release covers everything from the beginning of the world through June 21st of 2011 at the moment that this is signed, which means that tomorrow we

15
16 17
18 19

could not sue Mr. Gillespie for anything that he did in the past. Now, obviously, going forward, if, you

20
21 22 23

know, Mr. Gillespie accidentally runs over my mailbox three weeks from now, for that. future, future, I could sue him

If Mr. Gillespie defames me in the

24
25

if I defame Mr. Gillespie in the we would have claims against each

120
1

other.

But for anything that took place prior that's

to the moment we sign this document, forever gone. to me.

3
4

That's what this release means

5
6
7
8

I only put Chris Barker signing for the firm, because we only need one officer for the If Mr. Gillespie would

firm to bind the firm.

feel better if I announced individually and as an officer of the law firm, I would do that.

9
10
11

We could handwrite it in so that we don't have to take the time and go get this retyped. Handwrite it in for Mr. Cook. I can assure

12 13 14

you that you will have a copy fully executed by Mr. Barker and Mr. the day. And like I said, the obligations for the Cook before the end of

15
16

17
18 19

parties would be we would file a satisfaction of judgment and record it and notify the state that the judgment has been satisfied. Mr. Gillespie would have an obligation to notify the Second District Court of Appeal that the appeal is dismissed. We would notify

20 21
22

23
24
25

the Thirteenth Circuit that the appeal is dismissed. We would notify the Middle

District of Florida that we've been

121
1

assigned that claims,

and that we're

2 3

dismissing that with prejudice. MR. GILLESPIE: And what about the --

your libel claim against me that you dismissed without prejudice? MR. RODEMS: That's -- that would be because that's a claim

5
6 7
8

settled and resolved,

that accrued or occurred or events that formed the basis of it occurred prior to June 21st of 2011. So this what I'm saying is: if you sign this document and I the slate -- the slate is

10
11

Mr. Gillespie,

12 13

sign this document,

wiped clean between us. Now, I'm not going to go out and run a

14
15 16

website with your name or your picture on it, and I would expect that you would want to not have any more claims with me, which means I

17 18 19
20

would expect you to take the information down from your website that regards our firm. If you want to have true peace with us, I think you should consider scouring that

21 22

website and taking everything out of it that involves this litigation. But if you're -- you know, That's your choice. if you are looking

23
24
25

for a true resolution and certainty that we are

122
1

never going to cross swords again speaking/ but it do.

1

proverbially
1

2
3 4
5

that would be what I would recommend up to you. I can t

1 1

tell you what to

I m not your boss

1

but I can assure you

that unless you do something after June 21st/ 2011 to affect me or my law or my partners/ there will be no further litigation for anything that
1

7
8

happened prior to today. Well

1

9 10

MR. GILLESPIE:

I hear that as him

1

saying that tomorrow -- if we sign this today then tomorrow he could or might sue me over the website. MR. RODEMS: telling you now -MR. GILLESPIE: MR. RODEMS:
1

11 12
13 14

No

sir.

No/

sir.

I am

15
16 17 18

That

what I heard.

I m telling you now that

anything that occurred before today would be gone. I can t

1

tell you to take everything off but I

1

19 20 21 22
23
24

your website/

ll give you a week.

If

you can take -- and -- and this court reporter is taking this down
1

so this is an agreement My oral word; my

binding between you and me.

duties as an officer of the court. If within seven calendar days from June 21st you remove every word about me and my

25

123
1

law firm and my partners from your website, there will be no further actions. done with each other. MR. GILLESPIE: direct words, Well, would that mean We'll be

2
3
4 5 6 7
8

or -- what if I want to talk

about Mr. Bauer? MR. RODEMS: I don't represent him. I only -- I have One is that this

That's between you and him. two concerns, Mr. Gillespie.

10

ends against me and my two partners and my law firm. And, two, that this ends against the Now, I don't -- they

11
12

Thirteenth Circuit.

13

don't owe me anything, but I want that over with. enough. So short of that, you can say whatever That's between you I'm not his -There's been -- it's gone on long

14 15
16

17 18 19
20 21

you want about Mr. Bauer. and him, not between me.

MR. GILLESPIE:

Yes, but that involves I have nothing to

your firm and this lawsuit.

talk about Mr. Bauer other than this lawsuit, really. MR. RODEMS: Well, there's no way I can that that anything

22

23 24
25

tell you, Mr. Gillespie,

you do in the future wouldn't create a

124
1

problem, but I can assure you that I'm not looking to sign this agreement today and jam you up with more litigation tomorrow. So I give you my word that within seven days if you take down my picture, my law firm's picture, and all the stuff relating to me and my two partners -MR. GILLESPIE: way to do this, That might be a better

2
3

6
7
8 9 10
11

to get an idea of what he

wants done from me after today. MR. CASTAGLIUOLO: He just told you he

12 13 14 15 16 17 18 19 20 21 22
23

wants everything -- any references -photograph references or other references to his -- him or his firm or his partners, wants down. he

I don't know how he can make it

much more simpler than that. MR. RODEMS: And I'm not looking for a

situation -- I'm not looking for a situation to invent a way to sue you again. I'm looking

for a way for you to go on with your life and me and my partners to go on with our life. That's all I'm looking for. So we can make but what I'm

hand changes to that document,

24 25

not willing to do is to delay this anymore. This needs to be done.

125
1

MR. GILLESPIE: judgment on this. MR.

I ' l l defer to your

2 3

CASTAGLIUOLO:

I've already given and I ' l l give it to this is

4
5

you judgment in private, you on the record. I

think this is

an agreement you want to enter into, and I think this is in your best interest. MR. GILLESPIE: Well, will you then see

7
8

9 10

that whatever changes need to be made are made? MR. RODEMS: right now. MR. CASTAGLIUOLO: Well, the only No, I'm ready to sign it

11
12 13

14
15

changes we're going to do is we're going to add these words to both of these gentlemen's names. MR. GILLESPIE: Uh-huh. Will I get the

16 17 18 19
20 21 22
23

return of these documents? MR. RODEMS: MR. Return of what documents? Can he have his

CASTAGLIUOLO:

discovery back? MR. RODEMS: Sure. Here's what --

here's what happens. notary.

The court reporter is a

24 25

I'm going to write in "Individually

and as an officer of and on behalf of Barker,

126
1 2

Rodems & Cook, Bill's name. now.

P.A.

11

under my name and under

You and I are going to sign it

She's going to notarize it. I'm -- you're going to get a copy. I'm I'm

4
5

going to take a copy back to the office. going to get my partners to sign it,
it,

notarize

7
8 9 10

and then you're going to get a fully

executed copy. MR. CASTAGLIUOLO: Great.

MR. RODEMS:

I'm going to prepare for

11
12 13 14

you a notice of dismissal with prejudice for the appeal, which I ' l l email to you. Which if

Mr. Gillespie authorizes you, you can sign it, and we can send it to the Second DCA. wants to dismiss it himself, If he

15
16 17
18 19

that's fine.

I ' l l get a satisfaction of judgment issued to you and recorded, will go. MR. GILLESPIE: issue. MR. RODEMS: Okay. And it might be a apparently, put Well, there's another and -- and that's how it

20
21

22 23

MR. GILLESPIE: substantial one.

Judge Cook,

24
25

my confidential disability information in the court file last year, and that was discovered

127
1

during this appeal process. counter -MR. CASTAGLIUOLO:

So I guess to

2
3 4
5

Is that case still

active that you're talking about? MR. MR. GILLESPIE: It's this case. Oh
1

CASTAGLIUOLO:

okay.
1

I and

thought

7
8

you were talking about Judge Cook I

thought that was a different case. MR. GILLESPIE: MR. No. But if it
1
1

9 10
11

CASTAGLIUOLO:

this

case/

just file a motion.

We 11 file a motion

12 13 14

to have that taken out of the -MR. GILLESPIE: MR. destroyed. MR. GILLESPIE:
1

Well/

here s
1

CASTAGLIUOLO:

court file and

15
16 17 18 19

Well

here

what

happened since then

because opposing counsel

1

kept complaining that he didn t information -MR. CASTAGLIUOLO:

have this

20
21

By "opposing

counsel/" do you mean Mr. Rodems? MR. GILLESPIE: I m trying not to -- not
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to aggravate the situation here. MR. CASTAGLIUOLO: Okay.

trying to understand.

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MR. GILLESPIE: that.

Oh,

okay.

Sorry about

Mr. Rodems kept complaining that he was

entitled to this information when all other sources said he wasn't, move that issue forward, and in an effort to I put the information

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on the record just last month -- the end of last month. MR. with that? MR. GILLESPIE: MR. saying? MR. GILLESPIE: MR. Yes. Well, we'll do a And I'm Yes. Is that what you're CASTAGLIUOLO: You filed something

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CASTAGLIUOLO:

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CASTAGLIUOLO:

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motion to get it out of the record.

sure if Mr. Rodems has a copy of it in his file, he'll relinquish it to you. MR. RODEMS: I won't oppose any motion

to anything having to do with resolving your concerns about the disability information. And, you know, you need. I'm sure that if we went over to Judge Arnold right now and said, reached an agreement, "Judge, we've I mean, whatever -- whatever

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and we'd like to dismiss

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the case,

but Mr. Gillespie would like to have

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the court seal any documents relating to his disability," I'm sure the Court would probably entertain that motion right now. MR. purged, CASTAGLIUOLO: You could have it

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too.

I've had stuff purged before. Well -And he'll instruct

MR. MR.

GILLESPIE:

CASTAGLIUOLO:

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the clerk to destroy it. MR. GILLESPIE: I want to do it now,

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because now is the time that we're dealing this. MR. MR. MR. CASTAGLIUOLO: RODEMS: Okay.

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Why don't we And I I mean, can make a there is a -- May

GILLESPIE:

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handwritten notice. 27th, 2011.

And Judge Cook put that I believe, June 21st,

information in the file, 2010.

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And there were some earlier ones

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inadvertently put in by myself in February 2007 and early March 2007. MR. CASTAGLIUOLO: And what are you

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what is it that you're worried about that this is out there? MR. GILLESPIE: Just --

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MR.

CASTAGLIUOLO:

Is this something

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else where you -MR. GILLESPIE: example. This is -- this is an

And I'm not trying to inflame the

situation, but this information was in the file, and Mr. Rodems took copies of it and

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started giving it to other people outside of this case. MR. RODEMS: Honestly, I'm -Mr. Bajo of the He had nothing to do I don't know what

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you are referring to. MR. GILLESPIE:

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Thirteenth Circuit JNC. with this case. MR. RODEMS: Well,

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I mean,

the only

thing I can tell you is that I wrote letters to him. I don't think I provided to him any

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documents. MR. GILLESPIE: Yes.

MR. RODEMS:

The only documents I would

have provided to him would have been court filings, so -Well, those are court

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MR. GILLESPIE: filings. MR. RODEMS:

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Okay.

Well,

I mean,

if

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there's something in a court filing --

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MR. GILLESPIE: a court filing,

If there's something in because

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it's got to come out,

you just heard his position. MR. record, CASTAGLIUOLO: Can we go off the

please? to 2:57p.m.)

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(Recess from 2:24p.m. MR. RODEMS:

The settlement agreement

has been signed and notarized by you for me and Mr. Gillespie. Yes. By agreement, we agreed

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THE REPORTER: MR. RODEMS:

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that Exhibit 4 would be given back to Mr. Gillespie. So we're in agreement. C? Yes, sir. Is

that correct, Mr. MR.

CASTAGLIUOLO: Okay.

MR. RODEMS: like to do is,

And then what we'd go over to Judge

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if we can,

Arnold and advise him that the parties are dismissing the case with prejudice and get that on the record, and --

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(Cell phone ringing.) MR. RODEMS: This is my partner. to 3:00p.m.)

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(Recess from 2:58p.m.

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(Honorable James D. Arnold entered the room.)

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THE COURT: MR. RODEMS:

Okay. Your Honor, Chris Rodems on

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behalf of the Defendants.

The parties have and we have

reached a settlement agreement, executed it. executed it. Mr.

Gillespie and I have

I ' l l be having my two partners

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execute it this afternoon, but we wanted to announce on the record before Your Honor that this action is being dismissed with prejudice with each party to bear its own attorneys' fees and costs. MR. Is that correct, Mr. That's a correct The only other

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CASTAGLIUOLO:

representation, Your Honor.

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concern would be the writ of bodily attachment and arrest warrant that are still outstanding. THE COURT: MR. RODEMS: THE COURT: taken? MR. RODEMS: We have reached an all of And discovery was produced? Yes, sir.

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And the deposition was

agreement that by settling the case,

Mr. Gillespie's requirements were met. THE COURT: warrant. All right. I ' l l rescind the

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MR. me.

CASTAGLIUOLO:

And,

Judge,

educate

It's been years since I was a prosecutor.

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How would we get word out to the various law enforcement authorities so that THE COURT: First of all, I'm going to

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sign the warrant -- or sign the rescission today. MR. Beautiful. THE COURT: will be informed. County. Okay? The sheriff's office CASTAGLIUOLO: Oh, okay.

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They will inform Marion

The order will go into the system

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rescinding it, and I ' l l be glad to give you and your client a conformed copy of it. MR. CASTAGLIUOLO: Great. Thank you,

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Your Honor. MR. GILLESPIE: MR. RODEMS: thing. Thank you, Judge. one other

And,

Your Honor,

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I will be preparing a satisfaction of

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judgment, which I will distribute directly to Mr. C regarding the judgment that was entered And my

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by Judge Barton several years ago.

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legal assistant is bringing over a notice of dismissal for Mr. Gillespie to sign with the Second District Court of Appeal. And then I

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think there will also be a formal joint stipulation for dismissal with prejudice of this action with each party to bear its own attorneys' fees and costs. But those are the

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things that we need to complete to finalize the settlement, patience today. THE COURT: Relative to one other and we thank you for your

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concern your client had about something that was filed with the clerk, dismissed with prejudice, go over into storage, available. MR. CASTAGLIUOLO: Great, Your Honor. Judge. once the case is it will -- it will

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and it won't be

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MR. GILLESPIE: I appreciate that. THE COURT: MR. RODEMS: THE COURT: the order. around,

Thank you,

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Anything further? No, sir. Thank you. I ' l l sign

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With that in mind,

And if you gentlemen will wait

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you will get your conformed copies,

and we'll make the appropriate calls to the sheriff's office. MR. RODEMS: MR. Yes, sir. Do you want to use my

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CASTAGLIUOLO:

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order, Judge, own?

or are you going to draft your

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THE COURT: MR.

No,

I did my own. Okay. Thank you.

CASTAGLIUOLO:

(At 3:02p.m., the proceedings were concluded.)

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136

CERTIFICATE OF REPORTER

STATE OF FLORIDA: COUNTY OF HILLSBOROUGH:

I,

Kimberly Himes, Notary Public in and for do hereby certify that

the State of Florida at Large, I

reported in shorthand the foregoing proceedings at that the

the time and place therein designated; witness herein was duly sworn by me;

that my

shorthand notes were thereafter reduced to typewriting under my supervision; and that the foregoing pages are a true and correct, verbatim record of the aforesaid proceedings. Witness my hand and seal August 3, the City of Tampa, County of .Hillsborough, 2011, in

State of

Florida.

Notary Public State of Florida at Large

137
SIGNATURE PAGE/ERRATA SHEET WITNESS: NEIL J. GILLESPIE RE: GILLESPIE VS. BARKER, RODEMS & COOK INSTRUCTIONS TO WITNESS
Please note any errors or amendments on this page, indicating the reason for any change you wish to make. Do not mark on the transcript itself. Please sign and date this sheet as indicated below. If additional lines are required for corrections, attach additional sheets.

I have read my transcript and subscribe to its accuracy, to include the corrections or amendments noted above or hereto attached.

Signature of Witness

Date

RICHARD LEE REPORTING Post Office Box 1157 Tampa, FL 33601 (813) 229-1588