SCOTUS Disability Firsthand Account, Clerk Returned Apr-16-13, 12-7747 Closed

SUPREME COURT OF THE UNITED STATES
OFFICE OF THE CLERK

WASHINGTON, DC 20543-0001
April 16, 2013
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
RE: Gillespie v. Thirteenth Judicial Circuit of Florida, et al.
No: 12-7747
Dear Mr. Gillespie:
The papers pertaining to the above-entitled case that were received April 15, 2013 are
herewith returned. Rehearing was denied April 15, 2013. This case is considered closed
in this Court, and no further consideration by this Court is possible.
Sincerely,
\ .
Clayton R. Higgins, \ 'fJ
(202) 479-3019
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April 12, 2013
Clerk of the Supreme Court
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
RE: Rule 21 Motion to correct and supplement petition for rehearing, No. 12-7747,
Gillespie v. Thirteenth J udicial Circuit, FL, et al. for writ of certiorari
Dear Clerk of the Supreme Court:
This letter is a follow-up to my telephone call April 12, 2013 to Mr. J ames Bowden at 1:56 PM,
my letter April 9, 2013, and the Rule 21 motion filed April 10, 2013. I understand this letter may
be moot by the time it is received.
The motion was delivered to the Court today at 12:57 PM, U.P.S. no. 1Z64589FNP93906316.
Proof of delivery is enclosed.
Unfortunately my motion arrived late to the Court. While I sent it April 10, 2013 by UPS next
day air early AM delivery, I missed the airmail truck, so it went on the ground truck to Orlando,
and shipped second day service, and arrived the day of the Conference of April 12, 2013. Since
filings to the Court are delayed at least one business day at a separate quarantine location, the
motion will not arrive to the Court until Monday, April 15th at the earliest.
On April 9, 2013 I wrote to the Court There are significant developments with The Florida Bar,
and the American Bar Association, that affect this petition for rehearing, and other issues to
present. The motion presented those issues except as to the American Bar Association (ABA),
since there was not enough time.
Ellyn S. Rosen, ABA Regulation Counsel, disclosed April 4, 2013 that there will be only one
hour of public comment time, 12 p.m. 1 p.m. on Friday, May 31, 2013, before Chair Myles
Lynk and the ABA Standing Committee on Professional Discipline Public Hearing at the Hilton
Hotel in San Antonio, Texas. This amounts to about one minute per state, which I planned to
include in my motion, along with Ms. Rosens email, and my response (emails enclosed), but
there was not enough time.
The motion provided was about 1/3 what I planned to submit, I ran out of time and cut a large
portion that showed how disability affected my case. While that part was done, I was concerned
about page limits, and printing time. That part is enclosed here, with the separate appendix.
Clerk of the Court Page - 2
Supreme Court of the United States April 12, 2013
Disability issues that arise during unrelated civil litigation create, in essence, a second case,
which is often more difficult than the original matter due to the personal nature of disability, and
indifference or hostility of the courts toward disability. A person with mental impairment can not
effectively advocate for themselves when the impairment is a barrier to effective advocacy.
I regret the inconvenience this has caused. As noted on page 18 of the enclosed disability
Firsthand Accounts, "Prescription medications Ritalin (current) and Nuvigil (previous) to focus
my attention, from a scatterbrain to the equivalent of several hours productivity a day, but with
side effects." I believe a recent change from Nuvigil to Ritalin shows Ritalin not as effective for
me, and has caused difficulty with focus, time managen1ent, and deadlines. Thank you.
\.
f/' / ; ,
~
eil J. lles I
8092 SW ~ 1 5 t h Loop
Ocala, Flbrida 34481
Telephone: (352) 854-7807
Email: neilgillespie@n1fi.net
Enclosures
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Service: UPS Next Day AirEarly A.M.
Weight: 5.00 lbs
Shipped/Billed On: 04/10/2013
Delivered On: 04/12/2013 12:57 P.M.
Delivered To: WASHINGTON, DC, US
Signed By: LEE
Left At: Receiver
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This notice serves as proof of delivery for the shipment listed below.
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1 of 1 4/12/2013 1:19 PM

Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Rosen, Ellyn" <Ellyn.Rosen@americanbar.org>; <amendmentone@comcast.net>;
<jbluemel@hamsfork.net>; <ncohen@mcpclaw.com>; <DorsainvilD@dcobc.org>;
<lindagosnell1@gmail.com>; <jhill@zkslaw.com>; <J AK@opglaw.com>; <Myles.Lynk@asu.edu>;
<amy@almesq.com>; <cmiller@semmes.com>
Sent: Thursday, April 04, 2013 4:14 PM
Subject: Re: Testimony in Texas Re State Lawyer Discipline before ABA Standing Committee on Lawyer
Discipline
Page 1of 3
4/10/2013
Dear Ms. Rosen,

Thank you for clarifying the role of the Committee's study. Your reference to the Committee's
separate consultation program is moot as it relates to Floridas broken lawyer discipline system,
because the Supreme Court of Florida has not, and will not, invite such a consultation.

Perhaps the Federal Trade Commission could asses the "health of state lawyer disciplinary
systems..." under 15 USC 45, in lieu of the ABA, for unfair or deceptive acts or practices in or
affecting consumers of legal service in interstate commerce.

As a nonlawyer, I think commercial alternatives also need consideration. One idea is an open
source platform to serve folks needing assistance with a legal matter. By that I mean putting
pleadings and other documents in a matter on a securable webpage where any number of
knowledgeable people could work on it, remotely, and anonymously if needed, like happens on
Wikipedia. This would allow, hopefully, foreign attorneys to enter the U.S. market and lower
costs to consumers. One U.S. firm, KEL of Orlando, is already using an online portal as its
primary interface with consumers. My brother, a KEL client, tells me it works pretty well.

I would also like to thank the ABA J ournal Law News Now for its story "Churn that bill, baby!
email surfaces in fee dispute with DLA Piper" found online here
http://www.abajournal.com/news/article/sued_by_dla_piper_for_675k_ex-
client_discovers_lighthearted_churn_that_bill

Energy entrepreneur Adam H. Victor, who countersued DLA Piper for overbilling, is a fellow
Wharton School alumnus. This is a link to Mr. Victors Transgas business site.
http://www.transgasdevelopment.com/

Last week I contacted Mr. Victor in solidarity, and provided him documents in my Petition No.
12-7747 for writ of certiorari to the U.S. Supreme Court, which petition for rehearing was
distributed March 18, 2013 for conference April 12, 2013, at the link.
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-7747.htm

Finally, when can I expect a response from you to my email April 2nd concerning The J udicial
Response to Misconduct program, for the handbook and video, described at the link?
http://www.americanbar.org/groups/professional_responsibility/resources/lawyer_ethics_regulatio

Thanks again for all the great work at the American Bar Association. Your job is daunting, you
may need help from the Federal Trade Commission, and from me and my fellow Wharton
School alumni. Speaking personally, it would be an honor to help out in any way I can.

Sincerely,

Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Wharton Evening School, Class of 1988

"Injustice anywhere is a threat to justice everywhere" - Dr. Martin Luther King, J r.

Be kinder than necessary, for everyone you meet is fighting some kind of battle.
----- Original Message -----
From: Rosen, Ellyn
To: amendmentone@comcast.net ; jbluemel@hamsfork.net ; ncohen@mcpclaw.com ;
DorsainvilD@dcobc.org ; lindagosnell1@gmail.com ; jhill@zkslaw.com ; J AK@opglaw.com ;
Myles.Lynk@asu.edu ; amy@almesq.com ; cmiller@semmes.com
Cc: neilgillespie@mfi.net
Sent: Thursday, April 04, 2013 11:13 AM
Discipline

Dear Mr. Thompson:

Please be advised that the purpose of the Discipline Committee's public hearing is to solicit
testimony to inform the Committee's project to review the Model Rules for Lawyer
Disciplinary Enforcement. The Committee's study is being undertaken to determine if and
how this ABA policy document needs to be updated.

The hearing and the Committee's study IS NOT, and never has been, for the purpose of
assessing the "health of state lawyer disciplinary systems..." as you indicate in your
message. The Committee's separate consultation program is the means by which it, at the
invitation of state supreme courts, provides any evaluative services.

As I have indicated to you previously, additional details regarding the hearing will be posted
very soon to the Center for Professional Responsibility's website. That will include additional
information regarding the nature and purpose of the Committee's review of the Model
Rules.

I would request that you please direct future communications to my attention.

Ellyn S. Rosen
Regulation Counsel

From: amendmentone@comcast.net [mailto:amendmentone@comcast.net]
Sent: Thursday, April 04, 2013 09:21 AM
To: jbluemel@hamsfork.net <jbluemel@hamsfork.net>; ncohen@mcpclaw.com <ncohen@mcpclaw.com>;
dorsainvild@dcobc.org <dorsainvild@dcobc.org>; lindagosnell1@gmail.com <lindagosnell1@gmail.com>;
jhill@zkslaw.com <jhill@zkslaw.com>; jak@opglaw.com <jak@opglaw.com>; myles lynk
Page 2of 3
4/10/2013
<myles.lynk@asu.edu>; amy@almesq.com <amy@almesq.com>; cmiller@semmes.com
<cmiller@semmes.com>; Rosen, Ellyn
Cc: Neil Gillespie <neilgillespie@mfi.net>
Discipline

Dear Professor Lynk and All Other Members of the Standing Committee:

I should like to ask respectfully how in the world the Committee can assess the health of state
lawyer disciplinary systems, which is your task, if you are only going to allow a mere one hour
of testimony from the public as to same.

I and others can testify as to the utter shambles in which the State of Florida's lawyer
disciplinary system finds itself. Two of our Supreme Court J ustices have stated in a court
opinion that "The Supreme Court has abdicated its duty to supervise The Florida Bar." This
indictment goes to the very core of what the ABA's McKay Commission said must not occur
for lawyer discipline to work properly.

So, before some of us purchase costly airline tickets for your one-hour May 31 hearing in
Texas, can you all or one of you explain how you plan to assess how all state bars are doing
if you plan to hear almost nothing from almost no one in the public, scattered, as we are,
throughout the fifty states?

Put another way, is this just a dog and pony show by the ABA to make it appear that it is
keep the faith with the Clark and McKay Commissions? Because, on the face of it, this
appears to be a sham proceeding to keep the "goose-stepping brigades" in state bars, which
phrase comes from J ustice William O. Douglas, comfortable in their corruption. Please
advise. Regards, J ack Thompson

Note to Neil Gillespie: Neil, please get this to the folks you know that are ready, willing, and
able to testify as to the utter breakdown of certain state bars in these regards. Maybe we
need to hire a skywriting plane service to fly over Texas on May 31...
Page 3of 3
4/10/2013
I
Firsthand Accounts
Firsthand accounts demonstrate that a disability tends to intrude on many aspects of daily
life in complex and sometimes nebulous ways, often intensifying personal struggles that
are not directly related to the disability. (id. 1398)
Individuals with disabilities, as the sole gatekeepers to the details of their personal
experiences, could be understood as possessing entirely accurate information about how
their disabilities affect their lives, which would in tum indicate that judicial deference to
these accounts is appropriate as long as the accounts are truthful. (id. 1409)
Some details of my disability experience are described here, supported by evidence to show the
accounts are truthful. I am disabled with physical and mental impairments that substantially limit
manual tasks, hearing and comprehension, sleeping, walking, standing, speaking, learning,
reading, concentrating, thinking, communicating, and working. Word-finding (aphasia) is a
significant problem when speaking, or writing documents, requiring additional time with a word
program thesaurus, online searching, or time spent reviewing previously written documents.
Unfortunately these impairments often result in confusion, misunderstanding, and
miscommunication, which is a barrier to representing myself and effectively communicating
with the Court. 42 USC 12102 - Definition of disability
(1) Disability
The term "disability" means, with respect to an individual
(A) a physica! or mental impairment that substantially limits one or more major
life activities 'Jf such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
(2) Major life activities
(A) In general
For purposes of paragraph (1), major life activities include, but are not limited to,
caring for oneself, perfonning manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.
RECEIVED
APR 16 2013
OFFICE OF THE CLERK
SUPREMe COURT: u.s.
13
14
Appendix D3 is a list of my physical and mental impairments with ICD-9-CM Codes, shown on
my Medical History, Exhibit 5 to Amended Disability Request to the 11th Circuit August 6,
2012, and with Petition No. 12-7747. (corrected Dec-08, 2012 to reflect diabetic neuropathy).
Homelessness and disability. I went from self-sufficiency to total disability by 1994.
Appendix D3, 15, 56, 60. The need for relief from harassing neighbors led me to seek quiet
and solitude living in a storage unit, and later a $600 minivan. A photo below shows my storage
unit. From September 2002 through February 2005, I was homeless in Tampa, Florida.

Appendix D3, 56 car crash December 18, 2002, became very tired (possibly pre-diabetic).
Speech and disability. On April 21, 2003 while homeless and living at the Salvation
Army homeless shelter, 1603 Florida Ave. N., Tampa, my cell phone was stolen. Tampa Police
Officer Bonnie M. Schurig responded to my call, and police report number 03-173556 appears at
Appendix D4. Officer Schurig took the report and conducted a brief investigation at 10:14 PM in
the Salvation Army homeless shelter but could not locate the phone. Then Officer Schurig asked
me to step outside for a personal conversation, which I agreed. In a respectful manner Officer
Schurig said she noticed I had impaired speech and asked if it was due to a cleft palate. I
responded yes, and the impairment is worse by the end of the day. Officer Schurig said her
cousins newborn daughter had a cleft lip and palate, and we discussed that and related issues.
Later I provided Officer Schurig copies of cleft lip and palate research which she gave her
15
cousin. In appreciation her cousin and husband, Mr. and Mrs. Maxwell, sent me a thank you card
and family photo which appears at Appendix D5. (the photo is redacted for privacy as provided
to those served under Rule 29). I believe it is noteworthy that a police officer perceived my
speech impairment during our contact, and thankful the officer did not act prejudicial on that
basis. Unfortunately me and others with impaired speech routinely encounter such prejudice.
Real-time communication disability. Telephone communication is not viable for me in
legal, medical, or other matters where precision is required and expected. First, it requires real-
time communication which is a problem involving memory, hearing and comprehension,
speaking, concentrating, thinking, and communicating. Second, there is no written record with
which to later refer. To alleviate some of these disability issues, all calls on my home office
telephone extension (352) 854-7807 are recorded for quality assurance purposes pursuant to the
business use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1) and the holding
of Royal Health Care Servs., Inc. v. J efferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).
Thinking and comprehending disability. The letter from HCSO Maj. J ames Livingston
dated J anuary 12, 2011 (Appendix B), and my inability to fully understand the letter as shown in
subsequent correspondence, shows how mental impairments disable my. I reviewed the letter in
September 2012 while preparing Petition 12-7747. I wrote Maj. Livingston September 24, 2012:
While I appreciate your letter of J anuary 12, 2011, it misstates the timing of events. You
wrote In response to your letter dated November 13, 2010, I made contact with Deputy
Christopher E. Brown concerning your request for an explanation regarding why he
escorted you out of the courthouse on September 28, 2010 after a hearing with J udge
Martha Cook. (p1, 1). The word in question is after a hearing with J udge Cook. The
record shows J udge Cook ordered me removed early in the hearing, before two motions
were heard, and not after the hearing. I request that you correct your letter to accurately
show J udge Cook ordered me removed by Deputy Brown early in the hearing, and before
the two motions were heard.
16
My September 24, 2012 letter to Maj. Livingston appears at Appendix D6. Six weeks later,
without a response from Maj. Livingston, I finally figured out what happened, by concentrating
on the letter, and the hearing of September 28, 2010, over and over in my mind for about a
month. I wrote Maj. Livingston again November 12, 2012: Appendix D7
Dear Major Livingston: Six weeks ago I wrote you about your letter ofJ anuary12, 2011
on my belief that it misstated the timing of events September 28, 2010. As of today I do
not have a response from you.
Upon further consideration, I am mistaken in my belief about the number of hearings that
day. There was an initial, unscheduled hearing on my oral motion to disqualify J udge
Cook. That unscheduled hearing occurred before the scheduled hearings, one on Motion
for Final Summary J udgment heard ex parte, pages 5-16 in the transcript, and one on
Motion for Civil Contempt heard ex parte, pages 17-25 in the transcript. So it appears
there were three hearings that day, and I failed to consider or count the initial,
unscheduled hearing on my oral motion to disqualify.
Insofar as Deputy Brown's statement pertained to the initial, unscheduled hearing on my
oral motion to disqualify J udge Cook, your letter accurately reflects what happened.
I stand corrected, and apologize for my inadvertent misstatement. Thank you.
Appendix 8 shows email November 12, 2012 with HCSO Legal Counsel Christopher E. Brown
(no relation to Deputy Christopher E. Brown) and Mr. Anderson working through this issue:
As a layman with little knowledge of how the rules evidence operate,
it later occurred to me that perhaps Maj. Livingstons letter was written
in a certain way to better challenge J udge Cooks statement. But in the
absence of a response from Maj. Livingston, that is just my speculation.
Once I understood the letter in relation to what happened at the hearing September 28,
2010, I was able to make an Errata Sheet (amended) showing the necessary corrections, dated
December 4, 2012, which appears in a separate volume appendix. For some reason, the transcript
failed to show on the cover the hearing for civil contempt.
Communication disability September 28, 2010. My Errata Sheet (amended) December 4,
2012 shows communication problems, my inability to speak coherently enough to represent
17
myself. J udge Cook cut me off repeatedly to make my testimony appear different in the
transcript. It is unclear whether J udge Cook interfered with the court reporter Robbie Darling
after I was removed from the hearing. Tellingly, Larry Murray, owner of the court reporting
company, would not respond to me on that issue.
Page Line Error or Change Reason for Change
4 20 Transcript shows punctuation of a period where it should show
punctuation of dashes to show J udge Cook cut Gillespie off mid-sentence:
20 MR. GI LLESPI E: Wel l , I ' ml eavi ng.
Transcript should show J udge Cook cut Gillespie off mid-sentence:
20 MR. GI LLESPI E: Wel l , I ' ml eavi ng - -
23 Again at line 23 the same inaccuracy is repeated, and should be changed.
23 MR. GI LLESPI E: I ' ml eavi ng -
On page 5, line 7-8, Gillespie was finally able to speak his complete
sentence:
7 MR. GI LLESPI E: I ' ml eavi ng t he f eder al
8 l awsui t on t hi s t abl e f or you.
5 3-5 Gillespie misspoke in this exchange because he was upset that
J udge Cook ordered him removed from the hearing, and had twice
cut him off in mid-sentence.
3 MR. GI LLESPI E: For t he r ecor d, I ' m
4 l eavi ng because I di dn' t get my ADA
5 accommodat i on.
Gillespie intended to state he did not get his ADA accommodation.
He was leaving because J udge Cook ordered him to leave, and
intended to state the following:
3 MR. GI LLESPI E: For t he r ecor d,
4 I di dn' t get my ADA
5 accommodat i on.
Disability Mitigation, Adaptation, and Accommodation
In order to file Petition No. 12-7747 I relied on the following:
J ustice Thomas granted my Rule 13.5 Application to extend time to file.
I made a disability template to help understand the Supreme Court Rules (Appendix D9).
18
The form of this petition is based on the Guide For Prospective Indigent Petitioners For
Writs of Certiorari, Office of the Clerk, Supreme Court of the United States. (October 2012).
Without that form as a template, I was completely lost.
This is a link to the date calculator I use www.timeanddate.com/date/dateadd.html
Prescription medications Ritalin (current) and Nuvigil (previous) to focus my attention, from
a scatterbrain to the equivalent of several hours productivity a day, but with side effects.
All files converted to PDF, to view on a computer screen, and numbered so as to find them.
Disability issues have greatly complicated this matter because opposing counsels law
firm previously represented me in the Amscot case that gives rise to this petition, as well as the
Florida Division of Vocational Rehabilitation (DVR). Unfortunately opposing counsel was not
disqualified in lower tribunals, and used information learned when I was a client against me.
On November 9, 2000 I intervened to represent the class in the Amsoct case on a promise
by my lawyer William Cook of assistance with DLES case no. 98-066-DVR, to challenge a
finding by DVR that my disability was too severe to result in employment. Prior to a traumatic
brain injury sustained in Philadelphia in 1988, I owned and operated a car business, earned
$129,500 a year (adjusted for inflation), employed my father, and other employees, and attended
part-time the Wharton School, Evening Division
1
, University of Pennsylvania, where I earned an
associate business degree. By age 40 I earned a bachelors degree at The Evergreen State College.
As to congenital disorders and pre-existing disabilities (pre 1988), I made my own
accommodation when self-employed, and relied on employees to do what I could not do myself.
The Florida Bar was provided February 20, 2006, a copy of my request for disability
accommodation the same day the original was filed in the state court public record. Since then no
medically qualified court personnel reviewed my ADA request, which was amended March 5, 2006
to include type 2 adult onset diabetes. My amended ADA request appears at Appendix D10.

1
The Wharton Evening School closed in 2006 after 102 years (1904-2006).
2007
2007
No: 12-7747
_______________________
IN THE
____________________
NEIL J . GILLESPIE - PETITIONER
vs.
THIRTEENTH J UDICIAL CIRCUIT, FLORIDA, ET AL, - RESPONDENTS
________________________
PETITIONERS RULE 21 MOTION FOR LEAVE TO CORRECT AND SUPPLEMENT
PETITION FOR REHEARING AN ORDER DENYING
PETITION NO. 12-7747 FOR WRIT OF CERTIORARI
________________________
SEPARATE VOLUME APPENDIX
Disability Accommodation
Appendix D1 Accu-Check Compass Meter Download Report for Neil Gillespie.
Appendix D2 American Bar Association video, The S.O.B. Litigator Vignettes (1990)
Appendix D3 Medical History, Exhibit 5 to Amended Disability Request to the 11th Circuit.
Appendix D4 Tampa Police Dept. report number 03-173556 of Officer Bonnie M. Schurig.
Appendix D5 Mr. and Mrs. Maxwell thank you card and family photo.
Appendix D6 Letter September 24, 2012 to Major J ames Livingston, HCSO
Appendix D7 Letter November 12, 2012 to Major J ames Livingston, HCSO
Appendix D8 Email November 12, 2013 with HCSO Legal Counsel Christopher E. Brown
Appendix D9 Disability template for the Rules of Supreme Court of the United States
Appendix D10 ADA Accommodation Request of Neil J . Gillespie March 5, 2006, state court
2007
Accu-Chek Compass
Meter Download Report
Neil J . Gillespie
Birth Date: 3/19/1956
Page 1 of 7 Printed: 3/24/2013 Roche Diagnostics
! Date and Time Time Block bG (mg/dL) Insulin Carb. (g) Exercise Events and Misc.
3/24/2013 6:45 AM BB 145
3/23/2013 2:32 PM AL 112
3/23/2013 11:40 AM BL 200
3/21/2013 10:26 AM AB 108
3/20/2013 8:15 AM AB 117
3/20/2013 3:43 AM Nt 117
3/19/2013 7:16 AM BB 148
3/18/2013 1:52 PM AL 189
3/18/2013 4:22 AM Nt 160
3/17/2013 11:10 PM Ev 78
3/17/2013 9:43 AM AB 123
3/16/2013 8:56 AM AB 123
3/15/2013 9:07 AM AB 125
3/14/2013 6:39 AM BB 109
3/13/2013 9:21 AM AB 200
3/13/2013 6:03 AM BB 137
3/12/2013 8:47 AM AB 113
3/11/2013 8:15 AM AB 98
3/10/2013 9:32 AM AB 113
3/9/2013 8:00 AM AB 144
3/9/2013 4:36 AM Nt 72
3/8/2013 8:04 AM AB 91
3/7/2013 5:53 AM BB 97
3/5/2013 10:10 PM Ev 125
3/5/2013 7:15 PM AD 153
3/5/2013 6:30 AM BB 106
3/4/2013 8:09 AM AB 94
3/3/2013 7:26 PM AD 170
3/3/2013 6:14 AM BB 130
3/2/2013 7:55 PM AD 140
3/2/2013 7:13 AM BB 138
3/1/2013 9:05 AM AB 112
3/1/2013 4:35 AM Nt 98
2/28/2013 6:58 AM BB 109
2/27/2013 11:08 PM Ev 87
2/27/2013 7:23 PM AD 208
2/27/2013 7:31 AM BB 118
2/26/2013 7:42 AM BB 92
2/25/2013 7:47 PM AD 124
2/24/2013 10:55 PM Ev 68
2/23/2013 7:10 AM BB 102
2/22/2013 5:37 AM BB 94
2/21/2013 6:55 AM BB 107
2/20/2013 10:47 PM Ev 174
2/19/2013 1:16 PM AL 151
2/19/2013 8:03 AM AB 108
2/18/2013 8:43 AM AB 108
2/17/2013 7:30 AM BB 107
2/13/2013 6:58 AM BB 124
2/13/2013 4:59 AM Nt 109
2/12/2013 7:11 AM BB 92
2/11/2013 8:05 PM AD 118
2/11/2013 5:46 AM BB 101
2/10/2013 8:47 AM AB 113
2/10/2013 4:05 AM Nt 92
2/9/2013 11:06 PM Ev 113
2/9/2013 2:52 PM AL 128
2/9/2013 7:47 AM BB 91
2/8/2013 7:13 AM BB 106
2/7/2013 9:10 AM AB 115
2/6/2013 9:33 AM AB 111
2/5/2013 7:25 PM AD 197
2/5/2013 7:36 AM BB 103
2/4/2013 6:33 AM BB 100
2/3/2013 5:49 PM BD 185
2/3/2013 5:35 AM BB 184
2/2/2013 7:19 PM AD 192
2/2/2013 1:22 PM AL 164
2/2/2013 4:05 AM Nt 80
1/31/2013 6:51 AM BB 70
1/30/2013 7:22 AM BB 101
1/29/2013 9:36 PM Ev 112
Appendix D1
Video Library Information
Video Listing and Pricing
The Professional Responsibility Video Library was established in
1988 to provide educational video programming to meet the
challenges of emerging developments in legal ethics, professional
regulation and professionalism. All tapes are available for
purchase only.
Each of the first five videotapes features four dramatic vignettes
illustrating ethical dilemmas confronting lawyers. Lively and
informative discussions among three distinguished practitioners
follow each vignette. Though the vignettes are set within various
fields of practice, the dilemmas and discussions are applicable to
a wide range of practice areas. Discussion guides accompany each
tape.
Videotapes are sold exclusively by the Center for Professional
Responsibility and can only be purchased by contacting Krista
Herman at Krista.Herman@americanbar.org by calling
312/988-5325.
Attorney-Client Relations
An examination of professional conduct in relation to the question
"Who's in charge, client or lawyer?" Scenarios include potential
client perjury and influencing the client's testimony in a criminal
context; client competence and responsibility for decision making
in regard to trial tactics; boundaries of zealous advocacy and a
lawyer's duty to advise viewed in a domestic relations matter;
and limitations upon the preparation of a client for trial. Includes
excerpts from two major motion pictures. Comes with discussion
guide (2004).
PC:462-0004 - 1989, 57 minutes
Part of a five video package which includes Attornney- Client
Relations, Client Confidentiality, Conflicts of Interest, Associate
Partner Relations, and Independence of Counsel for $450 regular
price or $375 for completes set.
Videos | The Center for Professional Responsibility http://www.americanbar.org/groups/professional_responsibility/publicati...
1 of 6 4/6/2013 10:42 PM
Appendix D2
Regular Price: $125.00
Center Member: $95.00
Purchase via email or contact Krista Herman at
312-988-5325
Client Confidentiality (OUT OF PRINT)
A look at the conflict between maintaining client confidences and
fulfilling the duty to disclose, including issues pitting legal ethics
against moral values. Scenarios include candor toward the
tribunal and truthfulness in statements to others when confronted
with a client who may be lying; the lawyer's duty to advise and
the protection of third parties set in a child custody case;
revealing confidential information to save the life of an innocent
person; and reporting misconduct of a lawyer against a client's
wishes. Comes with discussion guide (2004).
PC:462-0008 - 1989, 59 minutes
312-988-5325
Conflicts of Interest
An inspection of the various ways in which conflicts can arise.
Scenarios include multiple representation and imputed
disqualification in the context of a real estate transaction;
conflicting duties to a former client and an unrepresented person
in a domestic relations setting; business transactions with a client
conflicting with a lawyer's personal interests in the acquisition of
literary rights of a criminal defendant's story; and adverse
interests of clients within the framework of insurance defense.
Comes with discussion guide (2004).
PC:462-0006 - 1989, 57 minutes
2 of 6 4/6/2013 10:42 PM
312-988-5325
Associate/Partner Relations
An investigation into intra-office communications, problem solving
and decision-making. Scenarios include conflicting ideas about
billable hour requirements relating to quality of life issues; the
impact of flexible hours on clients and others in the firm;
associate reporting of perceived partner misconduct; and
discriminatory procedures in making case assignments. Comes
with discussion guide (2004).
PC:462-0010 - 1989, 57 minutes
312-988-5325
Independence of Counsel
An inquiry into the moral and ethical obligations of corporate
counsel. A series of vignettes depicts the events surrounding the
manufacture of a defective product. Addressed are the duties to
respond to employee requests, to render advice, to keep
information confidential within the organization, and to question
organizational decisions, as well as the duties owed by
subordinate lawyers to the corporation, its customers and the
public. Comes with discussion guide (2004).
PC:462-0012 - 1989, 34 minutes
312-988-5325
Video Package (OUT OF PRINT)
This video is also part of a five video package which includes
Attornney- Client Relations, Client Confidentiality, Conflicts of
Interest, Associate Partner Relations, and Independence of
Counsel.
3 of 6 4/6/2013 10:42 PM
PC:462-0014 - 1989, 34 minutes
Regular Package Price: $450.00
Center Member Package Price: $375.00
312-988-5325
Vignettes Only Tape
All the vignettes from the five videos described above appear with
no discussion. This tape is intended for use by law schools, bar
associations and other groups that will further explore the issues
portrayed through live panel or audience discussion. Comes with
discussion guide (2004) for all five tapes.
PC:462-0002 - 1989, 70 minutes
312-988-5325
The Judicial Response to Misconduct
This videotape was produced to assist the judiciary with the
identification of lawyer and judicial misconduct and the
appropriate responses to them. The tape consists of 12 vignettes
covering issues confronting judges regularly and comes with a
discussion guide. A corresponding text and discussion guide can
also be purchased.
PC:561-0126P - 1993, 57 minutes
312-988-5325
Professional Responsibility and the Solo or Small Firm
Practicioner
Vignettes cover areas of special concern to solo and small firm
practitioners such as confidentiality within shared office space,
business transactions with clients, conflicts with personal
interests, competence and professionalism. No written materials.
PC:462-0024 - 1993
4 of 6 4/6/2013 10:42 PM
312-988-5325
Perspectives on Client Communications
A dramatic presenation about the proper and improper ways in
which lawyers communicate with clients about cases, opposing
counsel, and the system of justice. No written materials
PC:462-0025 - 1993
312-988-5325
Lawyers, Alcoholism and the Intervention Process
Interventions interrupt the progression of alcohol and substance
abuse by confronting the reality of the user's problem and
initiating helpful change. Interventions educate the user's friends
and relatives about how they have enabled the abuse to continue
and how they can help the user into recovery. The tape
dramatizes the steps of an intervention with a fictional alcohol-
dependent judge, describing the requirements, methods and goals
of the intervention process and the emotionally charged
atmosphere that it creates. No written materials.
PC: 462-0022 - 1991, 40 minutes
312-988-5325
The S.O.B. Litigator Vignettes (OUT OF PRINT)
The vignettes dramatize questionable behavior by litigators in
situations ranging from discovery to settlement conference to
trial. Issues that arise include the obligation to correct
unintentional misrepresentations made in negotiations for
settlement; the fine line between the boundaries of zealous
advocacy and harassment of opponents and obstruction of justice;
the response to an opponent's inappropriate and abusive
behavior; the court's role in establishing proper conduct during
discovery and trial; and how to avoid playing the "S.O.B."
litigator's game. No written materials.
5 of 6 4/6/2013 10:42 PM
6 of 6 4/6/2013 10:42 PM
Page - 1
Neil J . Gillespie, medical history (partial) August 6, 2012
8092 SW 115th Loop CORRECTED Dec-08-2012
DOB: March 19, 1956, Philadelphia, PA, Thomas J efferson Hospital.
Congenital disorder: unilateral cleft lip (L), cleft palate, eustachian tube defect (L), retracted
eardrum (L).
Medical Conditions ICD-9-CM Code
Post Traumatic Stress Disorder (PTSD) 309.81
with PTSD related panic attack in response to
stimuli associated with a serve stressor
Anxiety disorder due to medical condition 293.89
Dysthymic disorder (chronic depression) 300.4
Depression 296.3
Cleft palate with unilateral cleft lip (L) 749.21
Facial disfigurement, scaring 709.2
Velopharyngeal Incompetence (VPI) 528.9
Voice disorder, hypernasality 784.43
Retracted eardrum (L) 384.28
Eustachian tube defect 381.89
Hearing loss 389.90
Diabetes (mellitus) NOS, Type 2 diabetes, adult onset 250.00 (w/diabetic neuropathy)
Brain trauma, head injury from a mugging (1988) 310.20
Prosthesis
Speech bulb obturator. In September 2001 my palatopharyngeal musculature had changed where
I could no longer insert the obturator in my mouth.
Omni ADV hearing aid, serial no. 36-95-300004 (no longer functional)
Medical history
1. Craniofacial surgery, age three months, Misericordia Hospital, Philadelphia,
Dr. Duncan, 18th & Walnut Streets, Philadelphia.
2. Palate surgery, age two years, Thomas J efferson Hospital, Philadelphia, Dr. Duncan.
3. Speech therapy, age eight years, Easter Seals Center, Levittown, PA.
Appendix D3
Page - 2
4. Orthodontic treatment, 1968-1974, Temple University Dental Clinic, Philadelphia. Fitted with
a removable retainer with a prosthetic left lateral incisor.
NOTE: Additional reconstructive surgery was scheduled at Temple University Medical Center,
including bone graft and pharyngeal flap procedures, but was canceled due to denial of insurance
coverage based on a preexisting condition clause of my private insurance policy. That was in
1974 when I was 18-years old and graduating high school. The insurance policy was bought
from a local insurance agency, paid for with money earned cutting lawns. After reconstructive
surgery was canceled, my life took another path. I did not follow my contemporaries to college,
but worked as a steel mill laborer at the U.S. Steel Fairless Works. Following a layoff a year
later I worked in the restaurant business, and later in the car business.
Eleven years later in 1985 I was able to reschedule the bone graft surgery. The pharyngeal flap
surgery was delayed until 1990. I also entered the Wharton Evening School in 1985.
Bullying. Like many children afflicted with a congenital craniofacial disorder, I experienced
disability-based bullying, and physical assault. Disability-based bullying caused me severe
depression and anxiety from my earliest days. I became an Eagle Scout December 3, 1971. The
Boy Scouts allowed me a modicum of normalcy and chance for success in an otherwise
physically and psychologically abusive school environment.
---------------------------------------------------------------------------------------------------------
Adult Treatment Time-line
Beginning at age 29 I continued rehabilitation with better insurance (Blue Cross), and income from
my car business. I estimate that from 1985 forward I spent at least $100,000 out of my pocket for
treatment and rehabilitation of my congenital craniofacial disorders. This list is representative and
does not include every treatment or provider. There are too many treatments and providers to list,
and many records are long gone.
Philadelphia, Pennsylvania
5. J uly 22, 1985 Consultation with J oseph Kusiak, MD, Plastic and Reconstructive Surgery,
American Oncologic Hospital, Central & Shelmire Avenues, Philadelphia, PA 19111.
Examination; proposed surgical plan and medical team.
6. 1985-1987 Dr. Sharon Wainright MD, Psychiatrist, 22nd & Walnut Street, Philadelphia. I
was a private-pay client in ongoing weekly or biweekly visits for general anxiety, and anxiety
related to medical treatment. After Dr. Wainright left private practice I saw other therapists,
including Dr. Harriet Wells, as a private-pay outpatient client at the Institute of the Pennsylvania
Hospital in Philadelphia.
The challenge for mental health providers is shown in a paper by Bennett and Stanton:
Psychotherapy for Persons with Craniofacial Deformities: Can We Treat without Theory?
(Cleft Palate-Craniofacial J ournal, J uly 1993, Vol. 30 No.4)
Page - 3
7. August 1, 1985 Marilyn A. Cohen, BA, speech pathologist, The Cleft Palate Program,
Childrens Hospital of Philadelphia (CHOP), 34th and Civic Center Blvd., Philadelphia, PA
19104. Speech evaluation (re-evaluation March 30, 1989).
8. August 12, 1985 Harvey M. Rosen, MD, DMD, Reconstructive Surgery, Pennsylvania
Hospital, Philadelphia, PA 19106. Surgery scheduled; bone graft and rhinoplasty.
9. March 10, 1986 Rosario F. Mayro, DMD, DDS, 1830 Rittenhouse Square, Philadelphia, PA
19103. Pre-surgical orthodontic alignment. Ongoing treatment. Referral for periodontal surgery.
10. April 22, 1986 Mark B. Snyder, DMD, periodontist, 220 South 16th Street, Suite 900,
Philadelphia, PA 19102. Periodontal surgery. Ongoing treatment.
11. August 12, 1986 Reconstructive surgery (bone transplant), Dr. Rosen, Pennsylvania
Hospital. Closure of oral-nasal fistula; bone graft to alveolus of nasal floor; septoplasty. Bone
graft donor site, left hip.
12. December 15, 1986 Reconstructive rhinoplasty, Dr. Rosen, Pennsylvania Hospital.
Developed breathing obstruction following surgery.
13. J uly 6, 1987 Peter Randall, MD, Hospital of the University of Pennsylvania, 3400 Spruce
St., Philadelphia, PA 19104. Consultation, obstructed breathing. (no consensus).
14. April 20, 1988 Dennis G. Sanfacon, DMD, 1829 J FK Blvd., Philadelphia, PA 19103.
Completed prosthodontic treatment (five unit bridge), stabilized surgical site. Was supposed to
last 20 years; failed Feb-17-2005 (17+yrs.). Barry Korn, DDS, endodontic treatment.
15. Aug-20-88 Head trauma, street mugging, lost consciousness, taken by police car to
Hanemann University Hospital ER, see report. Sutures to close laceration to right outer eye,
severe head pain. Suffered traumatic brain injury, loss of cognitive and motor functions for
several weeks, difficulty speaking and forming sentences.
Within several months I thought I recovered from this brain injury, but now that assessment
appears incorrect. This injury diminished my business ability, and I have not held substantial
employment since. Today I do not have a bank account because I cannot manage one. I went
from self-sufficiency to total disability in 1994. My inability to manage funds resulted in two
bankruptcy proceedings and homelessness. The bankruptcies are:
Chapter 7 bankruptcy, discharged J anuary 7, 1993, case 92-20222, U.S.
Bankruptcy Court, Eastern District of Pennsylvania.
Chapter 7 bankruptcy, discharged March 5, 2003, case 02-14021-8B7, U.S.
Bankruptcy Court, Middle District of Florida.
I have been indigent and/or insolvent since I first filed bankruptcy December 31, 1991.
Page - 4
---------------------------------------------------------------------------------------------------------
Florida
16. May 26, 1989 Consultation, D. Ralph Millard, J r., MD, FACS, 1444 NW 14th Avenue,
Miami, FL 33125. Surgery scheduled, obstructed breathing and velopharyngeal incompetence.
17. December 14, 1990 Surgery, Dr. Millard, J ackson Memorial Hospital, Miami, FL. Cleft
rhinoplasty with submucous resection, pharyngeal flap. Resolved breathing issue somewhat;
pharyngeal flap failed a few weeks later.
18. December 19, 1990 Consultation, Felipe Martinez, MD, FACS, 1350 SW 57
th
Avenue, Suite
210, Miami, FL 33144. Developed ear infection following surgery.
19. May 5, 1993 Consultation, Mutas B. Habal, MD, FRCSC, FACS, and J ane Scheuerle,
Tampa Bay Craniofacial Center, 801 W. Dr. Martin Luther King, J r. Blvd., Tampa, FL 33603.
Diagnosis: velopharyngeal incompetence. Recommendation: surgery to re-graft alveolus of nasal
floor with bone from skull, and to perform another pharyngeal flap procedure (declined, poor
risk/benefit analysis after consulting with Dr. Wainright).
20. J une 1, 1993 Consultation, Pamela Kynkor, MS, CCC, Speech-Language pathologist, Beth
Ingram and Associates, Inc., 3450 E. Fletcher Ave., Tampa, FL 33617, Speech evaluation.
21. J une 4, 1993 Consultation, Noreen P. Frans, MS, CCC-A, (dispensing clinical audiologist),
Better Hearing Services, 2312 West Waters Avenue, Tampa, FL 33604, (813) 935-3446. Some
hearing loss, no recommendation for intervention.
22. August 23, 1993, Social Security determined that I was totally disabled. Social Security
found that I became disabled under their rules on J anuary 17, 1992. On August 1, 2012 Social
Security wrote that there was no need to review my case. However I would like to work if I
could find suitable employment.
---------------------------------------------------------------------------------------------------------
Oregon
23. May 26, 1994 Robert W. Blakeley, Ph.D., speech pathologist, Oregon Health Sciences
University, CDRC, Portland, OR 97207. Diagnosis: velopharyngeal incompetence.
Recommendation: speech obturator (reduction program), then surgical intervention. Peter Lax,
DMD, fitted a temporary obturator during twelve appointments from May 26, 1994 through
April 11, 1995. (good result)
---------------------------------------------------------------------------------------------------------
Washington
24. J anuary 22, 1995 David R. Zielke, DDS, MS, Suite A-103, Allenmore Medical Center, 19
th
& South Union, Tacoma, WA 98405. Endodontic treatment, tooth 18, supports speech obturator.
Page - 5
25. March 22, 1995 Susan Porter, MA, clinical audiologist, Hearing Healthcare Center, Inc.,
3525 Ensign Road NE, Olympia, WA 98506, (360) 491-9733. Hearing evaluation with test
results showing a significant conductive hearing loss in the left ear. DVR.
26. March 26, 1995 Herbert C. Thomas, MD, MS, Pacific Northwest Otolaryngology, 4540
Sandpoint Way NE, #320, Seattle, WA 98105, (206) 527-5366 (examiner, Susan A. Wilcox,
MACCC-A). Medical evaluation and clearance for a hearing aid. DVR.
27. August 17, 1995 Barry L. Kimmel, MSCCC-A, Hearing Healthcare Center, Inc., 3525
Ensign Road NE, Olympia, WA 98506, (360) 491-9733. Provided hearing aid, Omni half shell
with K-amp, left. DVR.
28. November 11, 1995 Eric F. Pinczower, MD, Assistant Professor, Department of
Otolaryngology-Head and Neck Surgery, University of Washington Medical Center, Seattle, WA
98195, (206) 548-4022. Velopharyngeal incompetence/pharyngeal flap surgical consultation.
29. November 15, 1995 J effrey E. Rubenstein, DMD, MS, Director, Maxillofacial Prosthetic
Clinic, University of Washington Medical Center, D683 Health Sciences Building, Seattle, WA
98195, (206) 685-2344. Velopharyngeal incompetence/obturator consultation and maintenance.
30. November 21, 1995 Craig S. Murakami, MD, Assistant Professor, Department of
Otolaryngology-Head and Neck Surgery, University of Washington Medical Center, Seattle, WA
98195, (206) 548-4022. Pharyngeal flap surgery consultation.
31. November 21, 1995 Kathryn M. Yorkston, Ph.D., Speech/Language Pathologist, University
of Washington, Seattle, WA 98195, (206) 543-3134. Velopharyngeal incompetence consultation.
32. December 18, 1995 J effrey E. Rubenstein, DMD, MS, obturator reduction procedure.
33. February 28, 1996 Dean Wiese, MD, 410 Black Hills Lane, #C, Olympia, WA 98502.
Primary care physician. Consultation for otitis media/serous (recurring ear infection)
34. March 19, 1996 Allen D. Hillel, MD, Associate Professor, Department of Otolaryngology-
Head and Neck Surgery, U of Washington Medical Center, Seattle, WA 98195, (206) 548-4022.
Speech-hearing clinic, fiber-optic nasendoscope, Dr. Yorkston.
35. March 19, 1996 J effrey E. Rubenstein, DMD, MS, obturator reduction procedure.
36. August 22, 1996 J effrey E. Rubenstein, DMD, MS, obturator reduction procedure.
37. August 29, 1996 R. Dean Russell, MD FRCS[C], (ear, nose, throat, head and neck) 403
Black Hills Lane SW, Suite F, Olympia, WA 98502, (360) 357-6314, 1-800-270-6314.
Consultation, ear fluid build-up, ear tube procedure.
---------------------------------------------------------------------------------------------------------
Florida
Page - 6
38. November 12, 1996 William N. Williams, Ph.D., (Speech-Language Pathologist) Director
and Professor, Craniofacial Center, University of Florida Shands, Room D8-30, Dental Sciences
Building, Gainesville, FL 32610 (352) 846-0801. Consultation, velopharyngeal incompetence,
obturator reduction plan, surgical options.
39. November 12, 1996 Glenn E. Turner, DMD, MSD, Associate Professor of Prosthodontics,
Director, Maxillofacial Prosthetics, University of Florida Shands, College of Dentistry,
Gainesville, FL 32610 (352) 392-4294. Consultation, velopharyngeal incompetence, obturator
reduction plan, surgical options.
40. November 21, 1996 Dr. Nixon, Endodontic Specialists, 3201 SW 34
th
Ave., Ocala, FL
34474. Endodontic treatment, tooth number three. (supports speech prosthesis).
41. November 25, 1996 William N. Williams, Ph.D. Videofluorographic evaluation, University
of Florida Shands, College of Dentistry, Department of Oral Biology.
42. February 4, 1997 nasendoscopic assessment, Drs. Williams and Turner, Shands.
43. February 4, 1997 M. Brent Seagle, MD, University of Florida Shands Clinic at Park Avenue,
1015 NW 56
th
Terrace, Gainesville, FL 32605, 1-800-749-7424, (352) 395-6810, consultation,
velopharyngeal incompetence, surgical options; palatal extension or pharyngeal flap.
44. February 6, 1997 David J . Zaner, DMD, 2825 SE 17
th
Street, Ocala, FL 34471. Periodontal
surgery (crown lengthening), tooth 18. (supports speech prosthesis).
45. February 27, 1997 Glenn E. Turner, DMD, MSD, Associate Professor of Prosthodontics,
Director, Maxillofacial Prosthetics. Completed prosthetic restoration of tooth number three.
(supports speech prosthesis).
46. March 25, 1997 Stephen H. Dunn, DDS, 9401 SW SR 200, Suite 101, Ocala, FL 34481,
(352) 873-2000. Prosthetic restoration of tooth 18. (supports speech prosthesis).
47. May 9, 1997 Bayfront Medical Center (ER), 701 Sixth Street South, St. Petersburg, FL.
Experienced sudden hearing loss (L), accompanied by bleeding in ear & mouth.
48. May 14, 1997 Alan M. Gall, MD (otolaryngologist), 2299 Ninth Avenue N, Suite 3B, St.
Petersburg, FL 33713, (813) 321-3344. Follow-up consultation, removed ear tube.
49. May 23, 1997 Dr. Gall, follow-up appointment. Noted improvement. Scheduled hearing test
in J uly to measure hearing loss. (not completed).
50. August 22, 1997 contacted J . Douglas Bremner, MD, Assistant Professor of Diagnostic
Radiology & Psychiatry, Yale University School of Medicine; and Dr. Dorothy Lewis,
Dissociative Disorders Clinic, New York University Medical Center, following their appearance
Page - 7
on the ABC Evening News, Health Report, August 18, 1997, the segment Growing up damaged,
by J ohn McKenzie, ABC News. I wrote in part to Drs. Bremner and Lewis:
Thank you for your recent appearance on the ABC News Health Report with J ohn
McKenzie entitled "Growing up damaged." I am interested in additional information
about the subject, including diagnostic recommendations.
My interest is personal. Born with a craniofacial disorder affecting both speech and
appearance, I was subjected to severe psychological abuse, both familial and societal. At
age 41 I am currently disabled with "mental health issues," but I do not believe an
accurate diagnosis has been made in my case.
Dr. Bremner responded September 12, 1997 with an offer, one that later did not materialize:
Thank you for your interest in our research program on victims of childhood abuse and
the brain. If you or anyone else is interested, you can stay for free in our research unit and
obtain financial compensation which more than offsets travel expenses, as well as a
comprehensive diagnostic and biological assessment, including brain imaging. You can
call 203 737 5791 for information.
Dr. Lewis responded September 4, 1997 and wrote:
Thank you for your letter of August 22,1997. Unfortunately I do not know of someone in
your area who specializes in the complications of craniofacial disorders. I am sorry I
cannot be of more help.
51. December 4, 1997, the Florida Division of Vocational Rehabilitation (DVR) notified me by
letter that I am too severely disabled to benefit from vocational rehabilitation:
During our meeting we thoroughly reviewed and discussed your evaluation reports. It has
been determined that you are not eligible for vocational rehabilitation services because
your disability is too severe at this time for rehabilitation services to result in.
employment. This decision was reached 12/4/1997.
Previously DVR on May 29, 1994 prepared for me an Individual Written Rehabilitation Plan
(IWRP) after a long evaluation process. The DVR plan had three objectives:
Objective 1: Neil will be able to speak for up to 8 hours without rest or complaint of pain
and deterioration of vocal quality.
Objective 2: Neil will develop a marketable skill as a general practitioner.
Objective 3: Neil will obtain employment as a general practitioner. (medical doctor, MD)
I also received DVR services in Olympia, Washington, in 1995, one year of education at The
Evergreen State College, and a hearing aid.
Page - 8
52. March 21, 2001, Mr. Rodems law partner, William Cook of Barker, Rodems & Cook
reviewed my case with DVR, DLES case no: 98-066-DVR, and wrote me March 21, 2001:
We have reviewed them [DVR claims] and, unfortunately, we are not in a position to
represent you for any claims you may have. Please understand that our decision does not
mean that your claims lack merit, and another attorney might well to represent you.
Mr. Cook previously represented to me that he would represent me with DVR, as set forth in
Plaintiffs First Amended Complaint, 05-CA-7205, paragraph 43.
53. December 31, 1997 J ohn A. Ferullo, DDS, 1 Progress Plaza, #1340, St. Petersburg, FL
33701-4353. (813) 822-8101. Initial visit, pending prosthetic restoration of tooth no. 19.
(supports speech prosthesis).
54. February 20, 1998 David D. Whitaker, DMD, 111 2
nd
Ave. NE, Suite 1102, St. Petersburg,
FL 33701, (813) 895-7519. Endodontic treatment, tooth no. 19. (supports speech prosthesis).
55. September 4, 1998 Selina Kassels, Ph.D, Licensed Psychologist (PY0005229), Florida
Center For Cognitive Therapy, Inc., 2745 State Road 580, Suite 103, Clearwater, FL 33761.
Consultation for Post Traumatic Stress Disorder (PTSD), Dysthymic disorder (chronic
depression), Anxiety disorder due to medical condition, etc.
56. 1999-2005, Dr. G. Anthony Figueroa, MD, 1201 5th Ave. N., Suite 300, St. Petersburg, FL
33705, telephone: (727) 895-4500. Dr. Figueroa was my primary care, from J anuary 1999
through J une 2005. Dr. Figueroa offered me a part-time job in his office, on the business side,
however the office manager, J ulie, refused to cooperate, and the job fell through. J ulie was later
replaced. Dr. Figueroa encouraged me to reestablish contact with my family, which I did, ending
a nine year break. Dr. Figueroa treated me for depression at various times with Effexor,
Wellbutrin, fluvoxamine, paroxetine, lexapro, and cymbalta. When I was homeless Dr. Figueroa
generously offered to pay a deposit on an apartment for me, but I declined.
August 10, 1999 Spoke with Dr. Figueroa that my obturator causes pain in mouth, and I
fear being unable to wear the appliance in the future, and deterioration of the appliance.
December 18, 2002, low speed car crash, became very tired (possibly pre-diabetic) and
nodded-off while driving. This happened while driving as an independent contractor
document courier. The income did not cover expenses. The total loss of my car ended the
employment, and left me homeless, since I was living in my car and motel rooms.
57. September 2001 (temporarily homeless) Unable to wear speech prosthesis. Speculate that the
palatopharyngeal musculature changed to where I could no longer insert the obturator in my
mouth, and I could not wear it anymore. I had a marked deterioration in speech.
58. September 6, 2000 through J une 30, 2005 Robert S. Pastorius DDS, 3864 Fifth Ave. N.,
Saint Petersburg, Florida 33713. Numerous procedures, fillings and extractions. Feb-17-05,
Page - 9
extracted #11, removed five unit bridge made in Philadelphia (14. April 20, 1988 Dr. Sanfacon)
installed flipper. J une 30, 2005 Dr. Pastorius felt I was not enthusiastic enough and he was
hesitant to proceed with further treatment. Referral from Dr. Figueroa.
59. May 15, 2001 Randall T Hedrick, DDS, 4957 38
th
Avenue N, Suite E, Saint Petersburg, FL
33710 tooth 30, endodontics (root canal).
60. September 2002 - February 2005, I was homeless during this period in Tampa, Florida. I left
my apartment in Brandon Florida over harassment from neighbors, young people who made life
intolerable, from verbal harassment to leaving dog feces on my doorstep. One time they set off
an explosive device at my door and I reported that to the Hillsborough Sheriff.
After leaving the apartment I lived in motels if I could afford a room. Sometimes I slept outside
if the weather was good. Sometimes I lived in my storage unit at Shurgard in Tampa, where my
furniture was stored. I met another homeless man there, J ames Worley, we became friends, and
we have remained in contact. (J ames step-father killed his mother when J ames was about 14
years old, and he has been adrift since). For a week or so I lived at a Salvation Army shelter in
Tampa. In February 2004 I bought a 1990 Dodge minivan for $600 and converted it to a living
space. I lived in the van until I moved to Ocala in February 2005. I still own and drive the van,
and may live in it again. The mortgage holder on the family home where I currently live notified
me that it will soon begin foreclosure.
61. April 4 2002 David M. Pedley, DMD, Oral Surgery, 3810 Fifth Ave. N, St. Petersburg,
Florida 33713, remove root (apicoectomy) of tooth no. 12.
62. April 1, 2005, Gregory G. Langston, DMD, MSD, Periodontics & Implant Dentistry 8487
Fourth Street North, St. Petersburg, Florida 33702, gingival biopsy, evaluate for dental implants.
63. March 3, 2006 beginning on this date an attorney by the name of Ryan Christopher Rodems
has directed, with malice aforethought, a course of harassing and bulling conduct toward me that
has aggravated my disability, caused substantial emotional distress and serves no legitimate
purpose. On March 3, 2006 Rodems called me at home and started an argument over my motion
to disqualify him. Rodems ridiculed my speech, and said you dont talk like a lawyer. Rodems
threatened to use his knowledge against me from prior representation that I spent a $2,000 car
rebate on dental work. While this expenditure was lawful, Rodems was trying to upset me.
Rodems later made a false affidavit about the call to the court, and accused me of threatening to
attack him in J udge Neilsens chambers. The matter was investigated by Kirby Rainesburger of
the Tampa Police Department, who found I did nothing wrong. Mr Rainesburger also said
Rodems was not right and not correct for representing to the court as an exact quote language
that clearly was not an exact quote.
Mr. Rodems has intentionally inflicted severe emotional distress on me which has affected every
aspect of my life and the life of my family. I have sought medical treatment for depression and
other injury caused by this severe emotional distress.
Page - 10
I believe Mr. Rodems has an earlier edition of this medical history document from his law firms
prior representation of me. Mr. Rodems knew that I considered taking my own life, from his law
firms prior representation of me. Therefore Mr. Rodems knew I was severely impaired.
This is from the transcript of my deposition May 14, 2001 in the Amscot lawsuit when Mr.
Rodems firm and partner represented me. This transcript is in the court file in Hillsborough Co.,
Gillespie v. Barker, Rodems & Cook, case 05-CA-7205, see Exhibit 4, Verified Notice
of Filing Disability Information of Neil J . Gillespie filed May 27, 2011. From the deposition of
Neil Gillespie by J ohn Anthony representing Amscot Corporation:
From pages 31-32
22 Q Have you ever tried to take your own life?
23 A No.
24 Q Do you recall ever saying that you would consider
25 that under oath?
1 A I've considered it. Yes.
2 Q When is the most recent time you've made that
3 consideration?
4 A I think about it from time to time.
5 Q Even now with your medication?
6 A Pardon?
7 Q Even now with your medication?
8 A Yes.
Surely Mr. Rodems reviewed this transcript in representing his law firm and law partner.
64. May 16, 2006 to February 26, 2008 consultation with Dr. William N. Williams, Ph.D.,
(Speech-Language Pathologist) Director and Professor, Craniofacial Center, University of
Florida Shands, Gainesville, FL, for velopharyngeal incompetence, my speech prosthesis
(obturator) no longer fits, I cannot wear it any longer. Glenn E. Turner, DMD, MSD, Director,
Maxillofacial Prosthetics tried to make a new obturator, he failed; then another failed attempt by
Dr. Fong Wong, BSD, DDS, MSD, Assistant Professor, Department of Prosthodontics.
At the beginning of treatment I was unable to insert my old obturator in my mouth due to a gag
reflex. Dr. Turner said this would be a problem in making a new obturator. Dr. Turner said there
was no physical reason for my gag reflex or choking sensation. He said my gag reflex was
caused by a psychological issue. He said this would complicate and delay the construction of a
new obturator. After almost two years of effort, neither he nor Dr. Wong were able to make for
me an obturator. Dr. Turner offered the name of Dr. Kelly at the Moffitt cancer center in Tampa.
Due to the choking issue and travel distance I declined to pursue another speech prosthesis.
65. March 2006 to October 2007, Dr. Michael Rowley MD, West Marion Family Medicine,
4600 SW 46
th
Court, Ocala, Florida 34474, primary care, closed practice to become hospitalist.
Treated me for diabetes; depression and PTSD, with Effexor XR, and propranolol,
Page - 11
August 25, 2007 West Marion Hospital ER, severe back pain following the death of a pet
at UF College of Veterinary Medicine under awful conditions. (Aug-13-07). This
incident of pain continued though October 1, 2007. Also treated by Dr. Rowley.
66. September 16, 2009, untimely death of my Mother, proximate cause of this lawsuit. This has
caused me significant emotional distress. Mr. Rodems has ridiculed my reference to this fact,
including statements to Colleen J enkins of the St. Petersburg Times, in a story J anuary 22, 2010,
Client-turned-adversary accuses Tampa law firmof conflict in judicial bid. Online at this URL:
http://www.tampabay.com/news/courts/client-turned-adversary-accuses-tampa-law-firm-of-
conflict-in-judicial-bid/1067460
67. November 2009, Dr. Karin Huffer, 3236 Mountain Spring Rd. Las Vegas, NV 89146,
Americans with Disabilities Act, ADA accommodation advocate and designer.
February 17, 2010, Dr. Huffer prepared my ADA Assessment and Report (ADA Report)
for the Thirteenth J udicial Circuit, Florida, submitted February 19, 2010 to Mr. Gonzalo
B. Casares, ADA Coordinator, in Gillespie v. Barker, Rodems & Cook, 05-CA-7205.
DSM-IV Multiaxial Assessment (Axes I-V)
Axis I: Depression 296/3, Post Traumatic Stress Disorder, 309.81 with
chronic and acute symptoms anxiety.
Axis II: N/A
Axis III: Velopharyngeal incompetence, Diabetes Type II Adult Onset
Axis IV: Legal
Axis V: Global Assessment of Functioning (GAF) prior 85
GAF with stress from legal system 60 in court
Dr. Huffers report shows the following: (These are selected passages, see the full report)
Brief History: Mr. Gillespie suffers from Chronic Depression as diagnosed by Cesar R. Gamero,
M.D. in Ocala, Florida, 2009. Dr. Gamero also concurs with earlier diagnoses as does Karin
Huffer, M.S., M.F.T., of Post Traumatic Stress Disorder and recognizes that Mr. Gillespie
suffers from velopharyngeal incompetence that worsens when he is stressed. This presents a
barrier to managing effective communication during litigation. The Social Security
Administration found Mr. Gillespie totally disabled in 1994.
Mr. Gillespie has been in need of ADA Accommodations since commencement of his legal
actions. The fact that he was not protected by the ADA created an inaccurate perception of him
to the Court and clearly demonstrates that Mr. Gillespie did not have equal access to the
litigation proceedings or due process of law. The Americans with Disabilities Act should have
protected Mr. Gillespie when he was first in litigation. With accommodations, he may well have
avoided the severe trauma he suffers today.
Page - 12
IV. Interference with Major Life Activities:
A. Functional Impairments:
Mr. Gillespie is functionally impaired in the areas listed below. It is important to note that Mr.
Gillespie's impairments are largely invisible. He may appear to be functional on a superficial
level even when he is not. Mr. Gillespie's functioning is the highest when he is in supportive and
safe environments. His functioning deteriorates when he is in non-supportive, unsafe, or
intimidating environments or when he is under any perceived time pressure or stress. His
impairments are dramatically intensified during litigation.
Mr. Gillespie cannot sustain concentration due to depression and symptoms of PTSD in the
form of flashbacks, emotionally arousing and exhausting intrusive thoughts triggered by
reminders of the traumatic events.
Mr. Gillespie cannot sustain a communication path if interrupted, distracted, or threatening
body language is used toward him. Such circumstances result in cognitive disorganization,
dissociation, and an inability to integrate and process information. Mr. Gillespie cannot
sustain a progressive chain of communication under stress due to his congenital speech
problem. This communication is critical for litigation.
Mr. Gillespie cannot open mail or address matters pertaining to his legal case without
extreme anxiety. This slows him down when he faces deadlines. He cannot manage large
amounts of hard copy documents. He must have the time to scan documents for management
purposes.
Mr. Gillespie cannot sleep normally, rest, or recuperate due to Post Trauma Stress symptoms
including nightmares and startle responses (i.e., he jumps when doorbell rings). He has
hyperreactivity/hyperarousal and she can't eat or sleep or digest food normally.
Mr. Gillespie is easily hyperaroused on a physiological level, especially when feeling
overwhelmed or under any perceived time constraint or threat. Hyperarousal makes it
impossible for him to think clearly and make logical and knowing decisions when under
extreme pressure.
Mr. Gillespie is unable to withstand stress without triggering moments of dissociation. He
may be unable to consistently remember the words that are spoken in Court and cannot
perform verbally to participate in his legal case without assistance and accommodations.
Mr. Gillespie is vulnerable to neuroanatomical effects that can be devastating, i.e. decreased
hippocampal volume and hyperadrenia. Hyperadrenia influences all of the major
physiological processes in the human body and has a host of physical, emotional, and
psychological effects. Physical impairments may be induced when stress is protracted and
unrelenting.
B. Physiological impairment - Symptoms:
Page - 13
Often overlooked by judicial personnel are well-established physiological changes experienced
with PTSD, that seriously impair a persons ability to function during litigation without
accommodations:
Psychophysiological Effects
Flashbacks;
Startle responses;
Hyper-reactivity/hyper-arousal
Neurohormonal Effects
Fear and extreme anxiety; Hyper-vigilance, unable to relax or have peace due to intrusive
thoughts/emotions; Stress hormones reduce and down-regulate receptors, causing a feeling of
being numb/exhausted and freezing the ability to process information and respond.
Serotonin-dependent Effects, Depression
Memory Impairment, Dissociation; Mr. Gillespie must use energy to fight the natural urge to
deny the reality put before him; Traumatic intrusive thoughts threaten to crowd out the issue at
hand during legal processes; Increased opioid response; a numbing hormone intended to protect
the traumatized from pain must be overcome to deal with the legal issues at hand; It is an
exhausting emotional "swim upstream" to stay focused and attentive in the . courtroom, critical
data is missed, and nuances escape the person with PTSD.
February 19, 2010, I submitted my ADA accommodation request (ADA Request) with a
Notice, and the Courts ADA form in Gillespie v. Barker, Rodems & Cook, 05-CA-7205.
October 28, 2010, Dr. Huffer wrote a letter documenting the abuses in my case.
Dr. Huffer is the author of Overcoming the Devastation of Legal Abuse Syndrome, and a founder
of Equal Access Advocates (EAA), and Legal Victim Assistance Advocates (LVAA).
Due to my indigence and/or insolvency, I can no longer afford Dr. Huffers services. Dr. Huffer
however remains a part of my support system.
68. J uly 12, 2010 I had a panic attack during a hearing before J udge Martha J . Cook at the
George E. Edgecomb Courthouse, 800 E. Twiggs Street, Tampa, Florida. J udge Cook refused to
follow the directives of Court Counsel David Rowland on ADA accommodations. Mr. Rowland
wrote to me J uly 9, 2010 and said the ADA coordinator could not moderate Mr. Rodems
bullying behavior toward me. Coincidentally on J uly 9, 2010 I submitted an emergency motion
to disqualify Mr. Rodems, and handed it to J udge Cook at the start of the hearing on J uly 12,
2010, but she refused to consider the motion and I suffered a panic attack.
I felt a sudden onset of intense panic and terror. My symptoms included choking, palpitations,
sweating, shortness of breath, chest pain, nausea, abdominal distress, feelings of unreality,
feeling dizzy, unsteady, and feeling lightheaded. I felt an urge to escape danger.
Page - 14
When Deputies of the Hillsborough County Sheriff Office (HCSO) saw I was in distress they
offered assistance. I believe HCSO Corporal Gibson was present, along with HSCO Deputy
Henderson and perhaps others. Tampa Fire Rescue was called. Corporal Gibson stayed by my
side and walked with me to the lobby of courthouse while I waited for the paramedics.
Tampa Fire Rescue responded, and an assessment was done at 10:42 a.m. by lead crew member
Robert Ladue, EMT Paramedic (PMD 514678) and crew member 2 Dale Kelley, EMT
Paramedic (PMD 49960). Later I obtained a report, incident number 100035129, which stated in
the narrative section found 54yom sitting in courthouse with tight throat secondary to stress
from court appearance and advise pt mult. times to be transported to hospital and pt refuses
transport and states he would rather go to his Dr. pt signed refusal. The impressions section
noted abdominal pain/problems. The nature of call at scene section noted Resp problem.
After the panic attack I drove home and spoke with Dr. Karin Huffer by telephone at 3:03 p.m.
and told her about the panic attack. At 3:36 p.m. I responded to an email for legal representation
from attorney Pedro Bajo in Tampa. This is what I responded:
Mr. Bajo,
Would you consider just evaluating my motion to disqualify Mr. Rodems, with no
representation? Thank you.
Neil Gillespie
69. J uly 2008 to present, Dr. Cesar R. Gamero, MD, 9401 SW Highway 200. Building 2000,
Suite 2004, Ocala, FL 34481. Dr. Gamero is a primary care doctor who treats me for diabetes,
anxiety, depression, and all other medical issues. Tried Sertaline for depression and Clonazepam
for anxiety but the side effects were to severe. Also Mirtazapine for depression, and Pristiq. Also
Nuvigil to improve wakefulness and concentration. For diabetes and high blood pressure,
lisinopril, metformin hydrochlorothiazide.
Nuvigil works to focus my attention and temporarily overcome depression, but the side affects
are significant and include severe headache, insomnia, sweating, dry mouth, constipation,
dizziness, altered sense of being, and mood changes such as increased agitation, irritability and
exaggerated sense of well-being. I also found Nuvigil not reliable. Sometimes it worked, but
other times it incapacitated me. Nuvigil is also relatively expensive. My last prescription for 15
50mg tablets cost about $80. Samples of Nuvigil are available from Cephalon, the manufacturer,
and from Dr. Gamero, but the sample size is 150mg. That strength (150mg) incapacitated me and
led to extreme headaches. Attempts to cut the 150mg tablet into a smaller size may result in an
uneven dose, and reduced effectiveness, according to the pharmacist.
Nuvigil is the replacement for Provigil, which patent has expired. The U.S. military provides
Provigil to military pilots on long missions to keep them awake. Provigil has other off-label uses.
Generic Provigil is also relatively expensive; Walmart quoted me $588.68 for thirty (30) 100mg
tablets on J uly 18, 2012. This was a $398.78 savings off the $987.46 full price. This cost is
prohibitive for me.
Page - 15
Current health issues
I become easily confused and distracted. This is especially true when I leave home. When my
lawsuit began in 2005, I had the ability go to the law library and do research for about one hour.
Now when I go to the law library I am overwhelmed by the environment and cannot do anything,
other than to hand the librarian a list of cases I found in outdated books at home and return later
to pick up the copies.
Short term memory deficit. I am unable to read more than a few words at a time and type those
words on the computer. This makes legal work very time consuming. I believe short term
memory deficit causes a hearing problem in court.
Lack of concentration. I loose focus often and find it difficult to concentrate. Sometimes I
become overwhelmed. At that point I stop and rest, or switch to another task. It takes me a long
time to do things.
Hand-eye coordination deficit. My ability to do ordinary tasks is declining. My mind thinks of
the task, but my hands and body do not respond like they used to. Many years ago I worked part-
time as a banquet server, but I became too slow was unable to continue. I was not able to set
tables or serve food quick enough, and my stamina declined. Assembling documents in my
lawsuit has become difficult. I am only able to do so with computer-assisted technology.
Forgetfulness. I have become very forgetful. This is a problem while cooking food. While
heating soup on the stove, I soon forget about it, until I smell the food burning. This has resulted
in the destruction of pots.
I compensate for forgetfulness by making lists, and leaving items in plain sight in the same
place, so the location is impressed in my memory. This results in a home that looks very
disorganized to the casual observer.
Diabetes. I become very tired when my blood sugar is too high. My ideal blood sugar level is
110. Records show my blood sugar level May 25, 2011 at 8:41 p.m. reached 245. This was a
week before a civil contempt hearing J une 1, 2011 before Hillsborough J udge J ames Arnold.
This was a very stressful time. Through a series of ex-parte hearings, Mr. Rodems presented
false testimony and obtained J une 1, 2011 a warrant for my arrest on a writ of bodily attachment.
Velopharyngeal Incompetence (VPI). I can no longer wear my speech prostheses. The J une 2,
1993 assessment of Dr. J ane Scheuerle, Tampa Bay Craniofacial Center, explains this issue.
Social life. I live alone in a small two-bedroom retirement home with my pet bunny. My social
life is limited to an occasional Thursday morning breakfast at a local restaurant with retired men
who live on my street in Oak Run, a retirement community. The Thursday morning breakfast is a
weekly event, but attending weekly is too stressful, so I go about once a month.
Page - 16
I also have a telephone relationship with a woman in Miami that began in late 2008. We have
never met in person. She is retired and cares for both her elderly parents who are in their mid-
eighties and very ill. Otherwise I stay at home and work on my case.
Hearing deficit. This appears related to short term memory deficit.
Telephone recording. My short-term memory is poor. My ability to accurately take notes is
severely reduced. Even my concentration during a conversation is impaired. So recording a call
allows me to listen to the caller a second or third time for a better understanding of the issues.
This is in addition to another issue, that opposing counsel once misrepresented the contents of a
call to the court. When I was caring for my Mother who had Alzheimers and other ailments,
recording calls from the doctor allowed me to accurately understand the call and follow the
doctors orders. That is how I began recording calls. Sometimes the recording program
inadvertently records my screams as I sit at my desk, cursing this lawsuit and legal system.
Website as a coping mechanism. In my ADA accommodation request made February 19, 2010 in
Hillsborough Co. lawsuit, I described how I would create a website to help find counsel. While I
did not find counsel, I met people with stories of legal injustice, and we support each other.
Combinations of disabilities. A study by the World Health Organisation shows depression is
more damaging to everyday health than chronic diseases such as angina, arthritis, asthma and
diabetes. Researchers found if people are ill with other conditions, depression makes them
worse. Somnath Chatterji of the World Health Organisation led the study. The most disabling
combination was diabetes and depression, the researchers said. "If you live for one year with
diabetes and depression together you are living the equivalent of 60 percent of full health,"
Chatterji said in a telephone interview. News of this study was reported by Reuters on September
7, 2007. The study is reported in the Lancet Medical J ournal, Vol. 370 No. 9590 pp 851-858.
On February 19, 2010 I made requests under the Americans with Disabilities Act (ADA),
including this one.
ADA Request No.6: Mr. Gillespie requests time to scan thousands of pages of
documents in this case to electronic PDF format. This case and underlying cause
of action covers a ten year period and the files have become unmanageable and
confusing relative to Gillespie's disability. Mr. Gillespie is not able to concentrate
when handling a large amount of physical files and documents. He is better able
to manage the files and documents when they are organized and viewable on his
computer. Mr. Gillespie will bear the cost of converting files and documents to PDF.
TAMPAPD
GENERAL OFFENSE HARDCOPY
GO# 2003-173556 230D-7 PT/GT FROM BUILDING
General Offense Information
Reported on: Apr-21-2003 (Mon.) 2214
Occurred between: Apr-21-2003 (Mon.) 2030 and Apr-21-2003 (Mon.) 2213
Approved on: Apr-24-2003 (Thu.) by: 33859 - BURNEY, JERLINE R
Report submitted by: 34598 - SCHURIG, BONNIE M
Address: 1603 FLORIDA AV N
Municipality: TAMPA
District: 1 Beat: C2 Grid: 116
Felony/Misdemeanor: MISDEMEANOR
Bias: None (no bias)
Value loss: $50.00
Family violence: NO
Offenses (Comllieted/Attemllted)
Offense: # 1 230D-7 PT/GT FROM BUILDING - COMPLETED
Location: Other Structure
Offender suspected of using: Not Applicable
1For: 37436 Printed On: Nov-20-2012 (Tue.) Page 1 of71
Appendix D4
I
GO# 2003-173556
TAMPAPD
230D-7 PT/GT FROM BUILDING
Related Event(s)
CP 2003-173556
Related Person(s)
1. VICTIM # 1 - GILLESPIE, NEIL JOSEPH
(Case Specific Information)
Sex: MALE
Race: WHITE
Date of birth: Mar-19-1956
Address: 301 PLATT ST W APT 155
Municipality: TAMPA ,Florida 33606
Phone Numbers
Home: (813) 251-9593
Particulars
Occupation: DISABLED
Employer: NONE
Master Name Index Reference
Name: GILLESPIE, NEIL JOSEPH
Sex: MALE
Race: WHITE
Date of birth: Mar-19-1956
Address: 301 W PLATT ST. # 155
Municipality: TAMPA ,Florida 33606
Phone numbers
Home: (813) 810-6775
Business: (813) 253-0121
Linkage factors
Resident status: City (Tampa)
Statement taken : YES
Age range: 30-49 Years
Victim of:
230D- 7 PT/GT FROM BUILDING - COMPLETED
I
GO# 2003-173556
TAMPAPD
Related Text Page(s)
Document: CASE SUMMARY
Author: 34598 - SCHURIG, BONNIE M
Related date/time: Apr-21-2003 (Mon.) 2214
An unknown suspect took the compl's property without permission and
fled undetected.
I
GO# 2003-173556
TAMPAPD
Document: INITIAL REPORT
I was dispatched to the Salvation Army where I met with and interviewed
the compl. We attempted to call his cell phone to determine its' location.
An unidentified male caller answered, but hung up shortly thereafter failing
to identify himself. I searched the interior common areas of the building,
but I was unable to locate the phone. I did not locate a suspect or
witness. The compl. was given a report number.
IFor: 37436 Printed On: Nov-20-2012 (Tue.) Page 4 of71
I
GO# 2003-173556
TAMPAPD
Document: STATEMENT
Subject: GILLESPIE, NEIL JOSEPH
The compl., who is temporarily staying at the Salvation Army, said that
he plugged his cell phone into the wall in a dorm room to charge. He left
the room for a short time. He returned to the room and discovered that his
cell phone was missing. He does not know who took his phone. He wishes to
prosecute.
1For: 37436 Printed On: Nov-20-2012 (Tue.) Page 50f71
I
GO# 2003-173556
TAMPAPD
Related Property Report(s)
Report Information
Property Report #: 891501
Property case status: STOLEN
Submitted on: Apr-22-2003 (Tue.) by: SCHURIG, BONNIE M
Related:
Offense: GO 2003- 173556
Location: 1603 FLORIDA AV N
Municipality: TAMPA
District: 1 Zone: C2
Related items: 1
Articles
Status: STOLEN
Article: OTELEPH
Make:
Model: # of pieces: 1
Serial # 1: 07410142490 OAN:
Value: $50.00 Color: BLUE DARK
Description: NOKIA CELL PHONE (813)295-1786
Recovered date: - Recovered value: $0.00
Current Location: UNKNOWN
Flags == d (disposed) x (x-reference) n (entered on NCIC) *e (evidence)
IFor: 37436 Printed On: Nov-20-2012 (Tue.) Page 6 of71
I
GO# 2003-173556
TAMPAPD
*** END OF HARDCOPY ***
IFor: 37436 Printed On: Nov-20-2012 (Tue.) Page 7of71
. _ ~ __ _ ~ o # ~ _ , __._.... .- - - ~
TO
ThClnk You
Tender Thoughts Greetings
1460 The Queensway
Toronto, Ontario Mal 187
AGC, Inc.
MADE IN U.S.A. TEDT TY2J
Appendix D5
--- "'
iI !1i! 1111 ! ! IiII i\1I1I f1111111111111 j.It_ I - I, ~ I I I ",'I I I I d! I II til! i III
VIA US Certified Mail, RRR
Article No.: 7010 1670 0001 9008 0338
September 24, 2012
Major J ames Livingston, Commander
Court Operations Division
Hillsborough County Sheriffs Office (HCSO)
PO Box 3371
Tampa, Florida 33601
Dear Major Livingston:
This is in regard to your letter of J anuary 12, 2011, copy enclosed. Recently I reviewed your
letter in regard to a petition for writ of certiorari to the U.S. Supreme Court. On September 13,
2012 J ustice Thomas granted my Rule 13.5 Application No. 12A215 extending the time to file
until December 10, 2012. Enclosed you will find a copy the docket showing the decision, and
letter from the Clerk. The decision is online at this link:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm
While I appreciate your letter of J anuary 12, 2011, it misstates the timing of events. You wrote
In response to your letter dated November 13, 2010, I made contact with Deputy Christopher E.
Brown concerning your request for an explanation regarding why he escorted you out of the
courthouse on September 28, 2010 after a hearing with J udge Martha Cook. (p1, 1). The word
in question is after a hearing with J udge Cook. The record shows J udge Cook ordered me
removed early in the hearing, before two motions were heard, and not after the hearing. I
request that you correct your letter to accurately show J udge Cook ordered me removed by
Deputy Brown early in the hearing, and before the two motions were heard.
A thirty-one (31) page transcript of the September 28, 2010 hearing is part of the record and
shows a time of 11:04 a.m. through 11:28 a.m. The transcript shows I exited the courtroom on
page 5, line 11. This was after I provided J udge Cook a copy of the Complaint in Gillespie v.
Thirteenth J udicial Circuit, FL, et al, 5:10-cv-503, U.S. District Court, M.D.Fla, Ocala Div.
J udge Cook is a Defendant in the lawsuit, as shown on the first page of the Complaint, which is
Clerk-stamped 2010 SEP 28 AM 7:47, copy enclosed.
The transcript shows that the hearing continued ex parte without my presence, and without
counsel representing me. The transcript shows Defendants Motion for Final Summary J udgment
was heard ex parte, pages 5-16. The transcript shows a Motion for Civil Contempt was heard ex
parte, pages 17-25. Both motions were granted in favor of Mr. Rodems for the Defendants.
Appendix D6
Major James Livingston, Commander Page- 2
Court Operations Division, HCSO September 24, 2012
The enclosed page from the HCSO website shows you serve as the Commander of the Court
Operations Division, which is responsible for all aspects of security at the Courthouse Complex,
and that you "earned a Law Degree in 1983 and a Bachelor's Degree with honors in Criminal
Justice in 1977, both from the University of Memphis." Given your responsibility, and your
knowledge of law, you know that accuracy in official correspondence is important. Therefore I
request you correct your letter to accurately show Judge Cook ordered me removed by Deputy
Brown early in the hearing, and before the two motions were heard.
Time is of the essence. Thank you.
Enclosures
Po. Box 3371
Phone (813)247-8000
www.hcso.tampa.jl.us David Gee, Sheriff
Jose Docobo, ChiefDeputy
Hillsborough County
January 12,2011
Mr. Neil J. Gillespie
8092 SW l1S
th
Loop
Dear Mr. Gillespie:
In response to your letter dated November 13,2010, I made contact with Deputy
Christopher E. Brown concerning your request for an explanation regarding why he
escorted you out of the courthouse on September 28, 2010 after a hearing with Judge
Martha Cook. Deputy Brown advised that the Judge ordered you to leave after a
disruption in the courtroom. He stated that he followed you to the front door as you
exited the building without assistance. Other than the official records maintained by the
Court, I am not aware of any other records related to the hearing before Judge Cook.
As we discussed on the telephone today, you expressed some concern over your
personal safety while in the courthouse due to a disability and due to a potential threat
from opposing counsel. Please let me know the date and time of your next visit to the
courthouse and we will take action to help ensure a safe and orderly visit. Please feel free
to contact me with any additional questions or concerns.
Sincerely,
James P. Livingston, Major

No. 12A215
Title:
Neil J . Gillespie, Applicant
v.
Thirteenth J udicial Circuit, et al.
Docketed: August 31, 2012
Lower Ct: United States Court of Appeals for the Eleventh Circuit
Case Nos.: (12-11028, 12-11213)
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorari
from October 11, 2012 to December 10, 2012, submitted to J ustice Thomas.
Sep 13 2012 Application (12A215) granted by J ustice Thomas extending the time to file until
December 10, 2012.
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Peti ti oner:
Neil J . Gillespie 8092 SW 115th Loop (352) 854-7807
Ocala, FL 34481
Party name: Neil J . Gillespie
Docket for 12A215 http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a215.htm
1 of 2 9/14/2012 3:12 PM
Office of the Clerk
Washington, DC 20543-0001
William K. Suter
Clerk of the Court
(202) 479-3011
September 13, 2012
8092 SW 115th Loop
Ocala, FL 34481
Re: Neil J. Gillespie
v. Thirteenth Judicial Circuit, et ale
Application No. 12A215
Dear Mr. Gillespie:
The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on September 13, 2012 extended tlle time to and
including December 10, 2012.
This letter has been sent to those designated on the attached
notification list.
Sincerely,
William K. Suter, Clerk
Case Analyst
:ayton iggin7J;r, / It
Office of the Clerk
Washington, DC 20543-0001
William K. Suter
Clerk of the Court
(202) 479-3011
NOTIFICATION LIST
8092 SW 115th Loop
Ocala, FL 34481
Clerk
United States Court of Appeals for the Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, GA 30303
Case 5:10-cv-00503-WTH-DAB Document 1 Filed 09/28/10 Page 1 of 39
Major James Livingston
Major James Livingston has been with the Sheriff's Office since 2006 and serves as the Commander
of the Court Operations Division. The Division is responsible for all aspects of security at the
Courthouse Complex, which includes the Edgecomb Courthouse, the Courthouse Annex, the County
Center, the State Attorney's Office Building, and the Public Defender's Office Building. The Division
also includes the Civil Process Section which serves approximately 150,000 court-related
documents each year.
Major Livingston came to the Sheriff's Office from the Federal Bureau of Investigation (FBI), where
he retired as a Supervisory Special Agent after a 22-year career. He has over 30 years of experience
in the criminal justice field, having served as a juvenile probation officer prior to joining the FBI.
He is originally from Memphis, Tennessee where he earned a Law Degree in 1983 and a Bachelor's
Degree with honors in Criminal Justice in 1977, both from the University of Memphis. He and his
family have lived in the Tampa area since 1995. Major Livingston has extensive investigative
experience in areas involving terrorism, drugs, organized crime, violent crime, street gangs, and
juvenile crime. He also has a broad background in administrative areas including program
management, personnel matters, internal inquiries, budget oversight, and problem solving. He
completed a four-week leadership course at the FBI's Executive Development Institute in 2000, and
a senior leadership seminar at the Kellogg School of Management at Northwestern University in
2006. He has completed dozens of other leadership, operational, and investigative training courses
over the years.

2010 Hillsborough County Sheriffs Office all rights reserved. Terms of Use | Privacy Policy
Hillsborough County Sheriff's Office - J ames Livingston http://www.hcso.tampa.fl.us/getdoc/b17390a1-5124-4e70-993c-34b11b5...
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VIA USPS First Class Mail and email
November 12, 2012
Major James Livingston, Commander
Hillsborough County Sheriffs Office (HCSO)
PO Box 3371
Dear Major Livingston:
Six weeks ago I wrote you about your letter of January 12, 2011 on my belief that it misstated
the timing of events September 28, 2010. As of today I do not have a response from you.
Upon further consideration, I am mistaken in my belief about the number of hearings that day.
There was an initial, unscheduled hearing on my oral motion to disqualify Judge Cook. That
unscheduled hearing occurred before the scheduled hearings, one on Motion for Final Summary
Judgment heard ex parte, pages 5-16 in the transcript, and one on Motion for Civil Contempt
heard ex parte, pages 17-25 in the transcript. So it appears there were three hearings that day,
and I failed to consider or count the initial, unscheduled hearing on my oral motion to disqualify.
Insofar as Deputy Brown's statement pertained to the initial, unscheduled hearing on my oral
motion to disqualify Judge Cook, your letter accurately reflects what happened.
I stand corrected, and apologize for my inadvertent misstatement. Thank you.
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Appendix D7

Neil Gillespie
From: "CHRISTOPHER E. BROWN" <chrisbro@hcso.tampa.fl.us>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Tuesday, November 13, 2012 9:32 AM
Subject: Re: letter to Maj. Livingston
Page 1of 6
4/8/2013
Mr. Gillespie - I have forwarded your email to Maj. Livingston.

Christopher E. Brown
Legal Counsel - Hillsborough County Sheriff's Office
813-247-8133 / 813-242-1817 (fax)

From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "CHRISTOPHER E. BROWN" <chrisbro@hcso.tampa.fl.us>
Cc: "J effrey Carter Andersen" <candersen@bushross.com>
Sent: Monday, November 12, 2012 4:22:49 PM
Subject: Re: letter to Maj. Livingston

Dear Mr. Brown:

Could you forward the attached letter to Maj. Livingston? The original was
mailed today.

As set forth in my letter, upon further consideration of the matter
involving Deputy Brown, I am mistaken in my belief about the number of
hearings September 28, 2010. Maj. Livingstons letter accurately reflects
what happened.

Since you and Mr. Anderson had a copy of my September 24, 2012 request to
Maj. Livingston, I am providing this to each of you to correct my earlier
misstatement. Thank you.

Sincerely,

Neil J Gillespie

----- Original Message -----
From: "CHRISTOPHER E. BROWN" <chrisbro@hcso.tampa.fl.us>
To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Wednesday, October 10, 2012 3:03 PM
Subject: Re: 13th Circuit J NC

>Mr. Gillespie - I have forwarded your email (and attachment) to Maj.
>Livingston.
>
>Christopher E. Brown
>
>
>On Oct 10, 2012, at 4:00 PM, "Neil Gillespie" <neilgillespie@mfi.net>
Appendix D8
>wrote:
>
>>Mr. Brown - Thank you very much, I appreciate your effort. Please forward
>>my attached Affidavit of April 25, 2011 about the hearing to Maj.
>>Livingston; his letter appears at Exhibit E. Neil Gillespie
>>
>> ----- Original Message -----
>> From: CHRISTOPHER E. BROWN
>> To: Neil Gillespie
>> Sent: Wednesday, October 10, 2012 12:58 PM
>> Subject: Re: 13th Circuit J NC
>>
>>
>> Mr. Gillespie - I have forwarded your email to Maj. Livingston.
>>
>>
>> Christopher E. Brown
>>
>> Legal Counsel - Hillsborough County Sheriff's Office
>>
>> 813-247-8133 / 813-242-1817 (fax)
>>
>>
>>
>>
>>------------------------------------------------------------------------------
>>
>> From: "Neil Gillespie" <neilgillespie@mfi.net>
>> To: "CHRISTOPHER E. BROWN" <chrisbro@hcso.tampa.fl.us>
>> Cc: "J effrey Carter Andersen" <candersen@bushross.com>
>> Sent: Wednesday, October 10, 2012 12:30:05 PM
>>
>>
>> Thank you. When can I expect a response to my letter dated September 24,
>>2012?
>>
>> Sent: Wednesday, October 10, 2012 11:36 AM
>>
>>
>> Mr. Gillespie - Yes, I believe Maj. Livingston is still employed by
>>HCSO.
>>
>>
>>
Page 2of 6
4/8/2013
>>
>> 813-247-8133 / 813-242-1817 (fax)
>>
>>
>>
>>
>>----------------------------------------------------------------------------
>>
>> To: "CHRISTOPHER E. BROWN" <chrisbro@hcso.tampa.fl.us>
>> Sent: Wednesday, October 10, 2012 8:32:59 AM
>>
>>
>> Christopher E. Brown, Legal Counsel
>>
>> Hillsborough County Sheriffs Office
>>
>>
>>
>> Dear Mr. Brown:
>>
>>
>>
>> Thank you for your prompt response. As legal counsel for the HCSO, can
>>you tell me if Maj. Livingston is still employed by the HCSO? On
>>September 24, 2012 I wrote to Maj. Livingston about his letter of J anuary
>>12, 2011 and do not have a response. Attached is my September 24th letter
>>to Maj. Livingston asking him to correct his 2011 letter to accurately
>>show that J udge Cook ordered me removed by Deputy Brown early in the
>>hearing, and before the two motions were heard, and not after the
>>hearing. J udge Cook and Mr. Rodems maintain that I left the hearing
>>voluntarily before the motions were heard. The transcript (attached)
>>shows J udge Cook made this statement, page 19:
>>
>>
>>
>> 5 [THE COURT] You can make a record. I did have your
>>
>> 6 motion, it was noticed for today. As you know,
>>
>> 7 this is a Motion for an Order of Contempt and
>>
>> 8 Writ of Bodily Attachment. And let the record
>>
>> 9 reflect that Mr. Gillespie elected to leave
>>
>> 10 even though he was advised that the hearing
>>
>> 11 would continue in his absence.
Page 3of 6
4/8/2013
>>
>>
>>
>> J udge Cook held me in contempt ex parte in what was essentially a star
>>chamber proceeding. Mr. Rodems later obtained a warrant for my arrest
>>based on this improper hearing and resulting contempt order.
>>
>>
>>
>> Mr. Rodems has submitted an application for judge to the J NC, and I
>>believe his misconduct calls into question his qualifications for judge,
>>as well as his fitness to practice law. The Florida Bar opened a
>>complaint September 13, 2012 against Mr. Rodems, No. 2013-10,271 (13E).
>>
>>
>>
>> As shown in my letter to Maj. Livingston, on September 13, 2012
>>J ustice Thomas granted my Rule 13.5 Application extending the time to
>>file a writ of certiorari to the U.S. Supreme Court in this matter until
>>December 10, 2012. So time is of the essence.
>>
>>
>>
>> As a layman with little knowledge of how the rules evidence operate,
>>it later occurred to me that perhaps Maj. Livingstons letter was written
>>in a certain way to better challenge J udge Cooks statement. But in the
>>absence of a response from Maj. Livingston, that is just my speculation.
>>
>>
>>
>> Thank you in advance for the courtesy of a response.
>>
>>
>>
>> Sincerely,
>>
>> Neil J . Gillespie
>>
>> 8092 SW 115th Loop
>>
>> Ocala, FL 34481
>>
>> (352) 854-7807
>>
>> neilgillespie@mfi.net
>>
>>
>>
>> cc: J . Carter Andersen, Chair, 13th Circuit J NC
>>
Page 4of 6
4/8/2013
>> Cc: J effrey Carter Andersen
>> Sent: Tuesday, October 09, 2012 1:36 PM
>>
>>
>> Mr. Gillespie - The Hillsborough County Sheriff's Office has two
>>employees named Christopher E. Brown. One is a Deputy and one is legal
>>counsel. I am employed as legal counsel and have no knowledge of any
>>events on Sept. 28, 2010, in J udge Cook's courtroom. Maj. Livingston's
>>letter must be referring to Deputy Christopher E. Brown.
>>
>>
>>
>>
>> 813-247-8133 / 813-242-1817 (fax)
>>
>>
>>
>>
>>--------------------------------------------------------------------------
>>
>> To: "Christopher Erik Brown" <chrisbro@hcso.tampa.fl.us>
>> Sent: Tuesday, October 9, 2012 1:08:15 PM
>> Subject: 13th Circuit J NC
>>
>>
>> Christopher Erik Brown
>> Hillsborough County Sheriffs Office
>> Dear Mr. Brown:
>>
>> This query concerns the September 20, 2012 press release by the 13th
>>Circuit J NC that shows an applicant named Christopher E. Brown. The
>>Florida Bar directory shows a lawyer named Christopher Erik Brown
>>employed by the Hillsborough County Sheriffs Office. A HSCO Courtroom
>>Deputy named Christopher E. Brown is a witness to events September 28,
>>2010 at a hearing in J udge Cooks courtroom involving me, attorney Ryan
>>Christopher Rodems and J udge Cook. Are you the Christopher E. Brown
>>mentioned in any of the above?
>>
>> Attached is a letter from HCSO Maj. J ames Livingston about the
>>incident and the role of HSCO Courtroom Deputy Christopher E. Brown.
>>
>> Earlier today J . Carter Andersen, Chair, 13th Circuit J NC, responded
>>"I do not know the answer to your question regarding whether that is the
>>same Mr. Brown." Therefore I am asking you directly: Are you the
Page 5of 6
4/8/2013
>>Christopher E. Brown mentioned in the letter of Maj. Livingston?
>>
>>
>> Thank you in advance for the courtesy of a response.
>>
>> Sincerely,
>>
>> Neil J . Gillespie
>> 8092 SW 115th Loop
>> Ocala, FL 34481
>> (352) 854-7807
>> neilgillespie@mfi.net
>> cc: J . Carter Andersen, Chair, 13th Circuit J NC
>>
>>
>>
>>
>>
>>
>><Affidavit of NJ G, April 25, 2011, re HCSO letter.pdf>
>

Page 6of 6
4/8/2013
RULES OF THE SUPREME COURT OF THE UNI TED STATES
Disability Template - Download in PDF, and use with the Cornell Law School site.
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Rules of the SCOTUS - Cornell University Law School online
CLICK the adjacent link: http://www.law.cornell.edu/rules/supct/
PART I . The Court
Rule 1. Clerk
Rule 2. Library
Rule 3. Term
Rule 4. Sessions and Quorum
PART I I . Attorneys and Counselors
Rule 5. Admission to the Bar
Rule 6. Argument Pro Hac Vice
Rule 7. Prohibition Against Practice
Rule 8. Disbarment and Disciplinary Action
Rule 9. Appearance of Counsel
PART I I I . J urisdiction on Writ Of Certiorari
Rule 10. Considerations Governing Review on Writ of Certiorari
Rule 11. Certiorari to a United States Court of Appeals before J udgment
Rule 12. Review on Certiorari: How Sought; Parties
Rule 13. Review on Certiorari: Time for Petitioning
Rule 14. Content of a Petition for a Writ of Certiorari
Rule 15. Briefs in Opposition; Reply Briefs; Supplemental Briefs
Rule 16. Disposition of a Petition for a Writ of Certiorari
PART I V. Other J urisdiction
Rule 17. Procedure in an Original Action
Rule 18. Appeal from a United States District Court
Rule 19. Procedure on a Certified Question
Rule 20. Procedure on a Petition for an Extraordinary Writ
Appendix D9
PART V. Motions and Applications
Rule 21. Motions to the Court
Rule 22. Applications to Individual J ustices
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PART VI . Briefs on The Merits and Oral Argument
Rule 24. Briefs on the Merits: In General
Rule 25. Briefs on the Merits: Number of Copies and Time to File
Rule 26. J oint Appendix
Rule 27. The Calendar
Rule 28. Oral Argument
PART VI I . Practice and Procedure
Rule 29. Filing and Service of Documents; Special Notifications; Corporate
Disclosure Statement
Rule 30. Computation and Extension of Time
Rule 31. Translations
Rule 32. Models, Diagrams, and Exhibits
Rule 33. Document Preparation: Booklet Format; 8 1/2- by 11-Inch Paper Format
Rule 34. Document Preparation: General Requirements
Rule 35. Death, Substitution, and Revivor; Public Officers
Rule 36. Custody of Prisoners in Habeas Corpus Proceedings
Rule 37. Brief for an Amicus Curiae
Rule 38. Fees
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Rule 40. Veterans, Seamen, and Military Cases
PART VI I I . Disposition of Cases
Rule 41. Opinions of the Court
Rule 42. Interest and Damages
Rule 43. Costs
Rule 44. Rehearing
Rule 45. Process; Mandates
Rule 46. Dismissing Cases
PART I X. Definitions and Effective Date
Rule 47. Reference to "State Court" and "State Law"
Rule 48. Effective Date of Rules
----------------------------------------------------
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Adopted J anuary 12, 2010 ------ Effective February 16, 2010
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J ustice Network disability template, version seven, February 9, 2013
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL
CIRCUIT IN AND FOR IDLLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff, CASE NO.: 05-CA-7205
vs..
BARKER, RODEMS & COOK, P.A., DMSION:C
a Florida corporation, WILLIAM
1. COOK,
- ....
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Defendants.
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PLAINTIFF'S AMENDED ACCOMODATION REOUEST:;; :x
AMERICANS WITH DISABILITIES ACT (ADA) ca
...,
Plaintiff requests an accommodation under the Americans With DisabilitierAct
(ADA) and states:
1. Plaintiff was detennined totally disabled by Social Security in 1994.
2. Defendants are familiar with Plaintiff's disability from their prior
representation of him. Defendants investigated his eligibility to receive services from the
Florida Department of Vocational Rehabilitation (bVR). DVR detennined that Plaintiff
was too severely disabled to benefit from services. Defendants concurred, and notified
Plaintiff of their decision in a letter to him dated March 27, 2001. (Exhibit A).
Defendants were also infonned of Plaintiff's medication for depression by fax dated
October 6, 2000, Effexor XR 150mg. (Exhibit B).
3. Plaintiff has the following medical conditions which are disabling and
prevent him from effectively participating in court proceedings, including:
a. Depression and related mood disorder. This medical condition prevents
Plaintiff from working, meeting deadlines, and concentrating. The inability to

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Appendix 10
Gillespie v. Barker, Rodems & Cook, }- .A., case no. 05-CA-7205
concentrate at times affects Plaintiff's ability to hear and comprehend. The
medical treatment for depression includes prescription medication that further
disables Plaintiffs ability to do the work ofthis lawsuit, and further prevents him
from effectively participating in the proceedings.
b. Post Traumatic Stress Disorder (PTSD), makes Plaintiff susceptible to
stress, such as the ongoing harassment by Defendants' lawyer, Mr. Rodems.
c. Velopharyngeal Incompetence (VPI) is a speech impairment that affects
Plaintiffs ability to communicate.
d. Type 2 diabetes. This was diagnosed in 2006 after Defendants'
representation.
4. Prior to the onset of the most disabling aspects Plaintiff's medical
condition(s), he was a productive member of society, a business owner for 12 years, and a
graduate of both the University of Pennsylvania and The Evergreen State College.
5. On March 3,2006, Ryan Christopher Rodems telephoned Plaintiff at his
home and threatened to use infonnation learned during Defendants prior representation
against him in the instant lawsuit. Mr. Rodems' threats were twofold; to intimidate
Plaintiff into dropping this lawsuit by threatening to disclose confidential client
information, and to inflict emotional distress, to trigger Plaintiff's Post Traumatic Stress
Disorder, and inflict injury upon Plaintiff for Defendants' advantage in this lawsuit.
6. On March 6, 2006, Mr. Rodems made a false verification the Court about
the March 3, 2006 telephone call. Mr. Rodems submitted Defendants' Verified Request
For Bailiff And For Sanctions, and told the Court under oath that Plaintiffthreatened acts
of violence in Judge Nielsen's chambers. It was a stunt that backfired when a tape
recording of the phone call showed that Mr. Rodems lied. Plaintiffnotified the Court
Page - 2 of4
1.70
Gillespie v. Barker, Rodems & Cook, f:A., case no. 05-CA-7205
about Mr. Rodems' perjury in Plaintiffs Motion With Affidavit To Show Cause Why
Ryan Christopher Rodems Should not Be Held In Criminal Contempt Of Court and
incorPorated Memorandum Of Law submitted January 29,2007.
7. Mr. Rodems' harassing phone call to Plaintiff of March 3, 2006, was a
tort, the Intentional Infliction ofEmotional Distress. Mr. Rodems' tort injured Plaintiff
by aggravating his existing medical condition. From the time of the calion March 3,
2006, Plaintiff suffered worsening depression for which he was treated by his doctors.
a. On May 1, 2006 Plaintiffs doctor prescribed Effexor XR, a serotonin
norepinephrine reuptake inhibitor (SNRl), to the maximum dosage.
b. Plaintiffs worsening depression, and the side affects of the medication;
lessened Plaintiffs already diminished ability to represent himself in this lawsuit.
c. On October 4,2006 Plaintiff began the process of discontinuing his
medication so that he could improve is ability to represent himself in this lawsuit.
d. On or about November 18, 2006, Plaintiff discontinued the use of anti
depression medication, to improve his ability to represent himself in this lawsuit.
8. Mr. Rodems continued to harass Plaintiff during the course of this lawsuit
in the following manner:
a Mr. Rodems lay-in-wait for Plaintiff outside Judge Nielsen's chambers
on April 25, 2006, following a hearing, to taunt him and provoke an altercation.
b. Mr. Rodems refused to address Plaintiff as "Mr. Gillespie" but used his
first name, and disrespectful derivatives, against Plaintiffs expressed wishes.
c. Mr. Rodems left insulting, harassing comments on Plaintiffs voice mail
during his ranting message of December 13,2006.
Page - 3 of4
Gillespie v. Barker, Rodems & Cook, r.A., case no. 05-CA-7205
d. Mr. Rodems wrote Plaintiff a five-page diatribe of insults and ad
hominem abusive attacks on December 13, 2006.
9. Plaintiff notified the Court ofhis inability to obtain counsel in Plaintiff's
Notice ofInability to obtain Counsel submitted February 13, 2007.
10. Plaintiff acknowledges that this ADA accommodation request is unusual,
b:ut so are the circumstances. Defendants in this lawsuit are Plaintiff's fonner lawyers,
who are using Plaintiff's client confidences against him, while contemporaneously
inflicting new injuries upon their former client based on his disability.
WHEREFORE, Plaintiff requests additional time to obtain counsel, a stay in the
proceedings for 90 days. Plaintiff also requests accommodation in the form of additional
time to meet deadlines when needed due to his disability.
RESPECTFULLY SUBMITTED this 5
th
day of March, ,2007.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been
furnished via US Mail to Ryan .C. Radems, attorney, Barker, Rodems & Cook, P.A., 400
N Ashley Dr., Suite 2100, Tampa, FL 33602, this 5
th
day of March, 2007.
Page - 4 of4
172
BARI<ER, RODEMS & COOK
PROFESSIONAL ASSOCIATION
ATIORNEYS AT LAW
CHRIS -A. BARKER
Te lep hOlle 813/489 .. 1001
300 West Platt Street, Suite 150
RYAN CHRISTOPHER RODEMS
Facsimile 813/489 .. 1008
WILLIAM]. COOK Tampa, Florida 33606
March 27,2001
Neil J. Gillespie
Apartlnent C-2
] 121 Beach Drive NE
St. Petersburg, Florida 33701-1434
Re: Vocntiollal Rellabilitntion
Dear Neil:
I am enclosing the material yOll provided to us. We 11ave reviewed tIlem and, llnfortllnately,
we are not in a positiol1 to represent you for allY clainls yOll may have. Please understatld tllat our
decision does not 111ean tllat your claims lack nlerit, and another attorney might wisll to represent you.
If you wisll to consult witll another attorney, we recolnlnend that you do so immediately as a statute
of lilllitations will apply to any claims you Inay have. As you know, a statute of linlitations is a legal
deadline for filing a lawsllit. Tllanl( you. for the opportunity to review your Inaterials.
Sincerely,
\Villialn J. Cool{
WJC/rnss
Enclosures
1.73
'EXHIBIT'
I:
Fax
From: Neil J. Gillespie
1121 Beach Drive NE, Apt C-2
St. Petersburg, FL 33701
Phone/Fax: (727) 823-2390
To: William J. Cook, Attorney at Law
Fax: (813) 228-9612
Date: October 6, 2000
Pages: just this page
Re: ACE Check Cashing deposition
o Urgent o Please Reply o For Your Review
Comments:
RE: Current medications
Effexor XR 150 mg (depression)
Levoxyl 0.075 mg (hormone)
STATE OFFLOFlIOA )
COUNTY OF HiLLSBOROUGH)
THIS IS TOCERTIfV THAT THE FOREGOING IS ATRUE
AND CORHfiCT cot'1 Of Tf DOCUMENT ON FILE IN
MY OFFICE. WITNESS MY ANO Of!FICIAL SEAL
THIS 31.v1"" DAYOF ,toT 201
0

::'$:",J PAT fRANK
.. . OF:ACUIT COURT

/.: 1.74
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\,\\".............. ..

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