Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

download Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

of 11

Transcript of Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    1/11

    BILL McCOLLUMATTORNEY GENERALSTATE OF FLORIDA

    OFFICE OF THE ATTORNEY GENERAL

    Office of Citizen ServicesThe CapitolTallahassee, Florida 32399-1050Telephone: (850) 414-3990Fax: (850) 410-163

    November 5, 2010Mr. Neil J. Gillespie8092 Southwest 115th LoopOcala, Florida 34481Dear Mr. Gillespie:Florida Attorney General Bill McCollum received your correspondence regarding the law firm of Barker,Rodems & Cook, PA; William J. Cook; the Thirteenth Judicial Circuit Court; and the Honorable MarthaJ. Cook.Attorney General McCollum issued a statement (enclosed) on the Florida Supreme Court's order toconvene a statewide grand jury on public corruption. The Statewide Prosecutor will serve, by law, as thestatewide grand jury's counsel. As mentioned in the statement, our Statewide Prosecutor will work withthe Florida Department ofLaw Enforcement and Florida's state attorneys to identify investigations andcases to bring before the statewide grand jury.

    I am forwarding your correspondence to the Statewide Prosecution Office for review. However, due tothe confidential nature of investigations, the Statewide Prosecution Office is not at liberty to commentfurther. We will keep your concerns under advisement.I note that you have already contacted The Florida Bar which is the correct agency to file a complaintregarding an attorney. The Florida Supreme Court designated The Florida Bar as the agency responsiblefor reviewing grievances against lawyers licensed to practice in this state. Please continue working withthat agency for whatever assistance or information they may be able to provide to you.Regarding judges, the Judicial Qualifications Commission (JQC) is the appropriate authority to review acomplaint involving judicial conduct. The JQC is an independent agency created by the FloridaConstitution solely to investigate alleged misconduct by Florida state judges. You may contact thatagency at:Judicial Qualifications Commission1110 Thomasville RoadTallahassee, Florida 32303-6224Telephone: 850-488-1581

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    2/11

    Mr. Neil J. GillespiePage Two

    Regarding the American with Disabilities Acts (ADA) violations complaints, you may contactthe United States Department of Justice at 1(800) 514-0301.If you have not already done so, I also encourage you to convey your concerns to GovernorCharlie Crist's Office at:Office of the GovernorThe CapitolTallahassee, Florida 32399-0001Telephone: (850) 488-4441Website: http://www.flgov.com!Thank you for giving us the opportunity to review your concerns.Sincerely,

    Frances BakerOffice of Citizen ServicesEnclosurecc: Office of Statewide Prosecution

    Tallahassee, Florida

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    3/11

    ----

    .News Release - Attorney General: Statewide Grand Jury will Help Restore Trust in Gover... Page 1of 1

    skip to content Today is October 18, 2010~ C # ! o / t J t !

    AT'TORNEY GENERAL t { FLORIDA---.oi!!!!'!"!"'!!"!"!!!'!!!'!'!!!'!

    E ~ t ~ ~ , ~ ~ ~ , ~ ~ ~ _ J G O IHOMEAG Bill McCollum----_.Office InformationPrograms and UnitsEmploymentOpen GovernmentCrime and Fraud---------.Consumer ProtectionCitizen Safety_Vi_'ct_im_s'_S_e_rYI_ce_s

    BillMcCollumAttorney General Bill McCollum News ReleaseFebruary 1, 2010 en Espano/Media Contact: Ryan Wiggins t!9 Print VersionPhone: (850) 245-0150

    Attorney General: Statewide Grand Jury will Help Restore Trust in GovernmentTALLAHASSEE, FL - Attorney General Bill McCollum today issued the following statement on theupcoming statewide grand jury on public corruption, which is scheduled to begin jury selection next week:"Floridians should be able to be proud of the public officials who serve their state and their communities,not ashamed of the latest scandal by someone in elected office. We absolutely should expect better ofthose we have chosen to lead us.''The grand jury will need to examine the blatant theft of public resources and, perhaps most importantly,the illicit sources of influence upon public officials and how to lift the cloud of scandal that has been1AG Opinions present for far too long."Led by my Office of Statewide Prosecution and working cooperatively with the Florida Department of LawEnforcement, as well as local law enforcement and Florida's state attorneys, the grand jury will worktoward restoring the public's trust in its government. I anticipate excellent work from these men andwomen who will undertake this responsibility, and I know Florida will benefit greatly from their efforts."

    Enter email address The Statewide Grand Jury was convened by the Florida Supreme Court in early December to examine alist of specific crimes including bribery, extortion, unlawful compensation for official behavior, corruption byI SUbMl it Jeep up W i 0 r latest threat against a public servant, official misconduct, falsifying records, and misuse of confidentialnews and consumer information. The grand jury will be comprised of urors summoned from the 11th, 15th, 17th and 20thinformation: judicial circuits. The presiding judge will be the Honorable Victor Tobin, Chief Judge in and for the 17thJudicial Circuit.Additional information about the statewide grand jury, including a tip line to report public corruption at 1-800-646-0444, is online at: http://myfloridalegal.com/19thstatewidegrandjury

    udio Msg

    Fraud Hotline1-866-966-7226

    OF.WEsTERNA : ~

    http://www.myfloridalegal.com/newsrel.nsf/newsreleases/A26DE7C27763DB94852576... 10118/2010

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    4/11

    Office of the Attorney GeneralPL 01, The CapitolTallahassee, FL 32399-1050 ~ Ml. "" . ~ ...,+....

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    5/11

    VIA US EXPRESS MAIL - OVERNIGHTArticle No.: EH 600617602 USOctober 6, 2010

    Attorney General Bill McCollumStatewide Prosecution OfficeThe Capitol, PL-O 1Tallahassee, FL 32399

    RE: Request For Investigation by the 19 th Statewide Grand Jury:The attorneys at Barker, Rodems & Cook, PA, a Tampa law finnThe Thirteenth Judicial Circuit Court, Hillsborough County, Florida

    Dear Mr. McCollum:This is a request for an investigation by the 19 th Statewide Grand Jury into perjury, fraud,deceit by my fonner lawyers, and misuse and denial ofjudicial process by the ThirteenthJudicial Circuit. Circuit Judge Martha J. Cook has falsified records in this matter inviolation of section 839.13(1) Florida Statutes, section 838.022 Florida Statutes, andsection 837.06 Florida Statutes. The court also unlawfully denied my request foraccommodation under the Americans with Disabilities Act (ADA). Most recently asecond fonner lawyer joined forces with the first to avoid professional responsibility.For grant jury jurisdiction purposes the Thirteenth Judicial Circuit is in HillsboroughCounty, I reside in Marion County and formerly resided in Pinellas County, and one partyis from Alachua County.The attorneys at Barker, Rodems & Cook, PA defrauded me and others whilerepresenting us in consumer litigation against AMSCOT Corporation. I sued Barker,Rodems & Cook pro se August 11, 2005 for fraud and breach of contract and establisheda cause of action. See Neil J. Gillespie v Barker, Rodems & Cook, PA and William J.Cook, Circuit Civil Court case number 05-CA-007205, in the Thirteenth Judicial CircuitHillsborough County. Mr. Rodems is unlawfully representing his finn and partner andfiled a counterclaim of libel against me.The Thirteenth Judicial Circuit has been unable to lawfully adjudicate this matter becausejudges of the circuit are unwilling to hold a favored lawyer from the circuit accountable.The lawyer and his partner made campaign contributions to judges in this case. Onepartner Chris Barker is a member of the 13th Circuit JNC, while Mr. Rodems is afrequent applicant to the 13th Circuit JNC hoping to be a judge in the 13th Circuit.Mr. Rodems is unlawfully representing his small three-attorney finn in the lawsuit andhas engaged in perjury and other wrongdoing, including harassment under 784.048

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    6/11

    Attorney General Bill McCollum Page - 2Statewide Prosecution Office October 6. 2010Florida Statutes. This case has had four trial judges. and there have been three appeals tothe 2DCA. Circuit Judge Martha J. Cook is currently presiding.For a time attorney Robert W. Bauer ofGainesville (Alachua County) represented me. buthe too complained about Mr. Rodems in open court: " .. .Mr. Rodems has. you know.decided to take a full nuclear blast approach instead of us trying to work this out in aprofessional manner. It is my mistake for sitting back and giving him the opportunity totake this full blast attack. (transcript. Aug-14-08 hearing. Judge Crenshaw. p. 16. line 24).Mr. Bauer dropped the case October 13. 2008 after billing me about $33.000 forrepresentation. In an apparent effort to avoid professional liability Mr. Bauer has joinedforces with Mr. Rodems in opposition to me in an open inquiry with the Florida Bar. seeThe Florida Bar File No. 2011-00.073 (8B).July 12. 2010 I gave notice of claim to Judge Cook and the other defendants incompliance with the requirements of section 768.28(6)(a). Florida Statutes. and JudgeCook refused to disqualify herself. A paper copy of the notice is enclosed with the 23exhibits on the enclosed CD.September 28.2010 I commenced a federal ADA and Civil Rights lawsuit against JudgeCook and others. see Gillespie v. 13th Circuit. et al. Case No.5:1O-cv-503-oc-WTHDAB. A paper copy of the complaint is enclosed with the 15 exhibits on the enclosed CD.The complaint has not been served and a motion is pending to amend the complaint. Rule3. FRCP states that a civil action is commenced by filing a complaint with the court.Judge Cook has refused to disqualify herself in Gillespie v. Barker, Rodems & Cook. etal. even though she is now a defendant in a federal lawsuit where I am the plaintiff.My immediate concern is to remove Judge Cook from my case and stop her unlawfulbehavior against me. Thank you for your attention to this very important matter.

    Telephone: (352) 854-7807email: [email protected]

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    7/11

    Attorney General Bill McCollum News Release

    December 2, 2009Media Contact: Sandi CopesPhone: (850) 245-0150

    Statement f rom Attorney General on Supreme Court's Order to Convene aStatewide Grand Jury

    TALLAHASSEE, FL Attorney General Bill McCollum issued the following statementin response the Florida Supreme Courts order convening a statewide grand jury onpublic corruption:

    Public offic ials should be held accountable for any illegal and dishonorable actionsthat violate the public 's trust. They should adhere to a higher standard, not make amockery of the offices with which they were entrusted."

    This statewide grand jury will work to suggest common sense changes that instillconfidence and public trust. Our Statewide Prosecutor wi ll work with the FloridaDepartment of Law Enforcement and Floridas State Attorneys to identifyinvestigations and cases to bring before the grand jury. I am confident our work wi llhave a signi ficant impact.

    Page 1 of 1

    2/7/2010http://www.myfloridalegal.com/newsrel.nsf/pv/E365531E2C220C328525768000656945

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    8/11

    ___________________________________________________________________

    Supreme Court of FloridaWEDNESDAY, DECEMBER 2, 2009

    CASE NO.: SC09-1910

    STATEWIDE GRAND JURY #19

    ORDER DIRECTING IMPANELMENT OF A

    STATEWIDE GRAND JURY

    THE COURT, having considered the second amended petition of the

    Honorable Charles J. Crist, Jr., Governor of Florida, for an order to impanel a

    statewide grand jury, and being fully advised of the relevant matters, hereby finds

    as follows:

    A. The Petitioner, Honorable Charles J. Crist, Jr., Governor of Florida, has

    shown good and sufficient reason exists and that it is in the public interest to

    impanel a statewide grand jury, with jurisdiction throughout the State of Florida, to

    investigate crime, return indictments, make presentments, and otherwise perform

    all functions of a grand jury with regard to the offenses of:

    (1) bribery, burglary, car jacking, home-invasion robbery, criminal usury,extortion, gambling, kidnaping, larceny (now theft), murder,

    prostitution, perjury, and robbery;

    (2) crimes involving narcotic or other dangerous drugs;(3) any violations of the provisions of the Florida Racketeer

    Influenced and Corrupt Organization Act (RICO); including any

    offense listed in the definition of racketeering activity in section

    895.02(1)(a), Fla. Stat., providing such listed offense is

    investigated in connection with a violation of section 895.03, Fla. Stat.,

    and is charged

    in a separate count of an information or indictment containing a count

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    9/11

    CASE NO. SC09-1910PAGE 2

    charging a violation of section 895.03, Fla. Stat., the prosecution ofwhich listed offense may continue independently if the prosecution of

    the violation of section 895.03, Fla. Stat., is terminated for any reason,

    including but not limited to the following offenses: Unlawful

    Compensation for Official Behavior, Corruption by Threat against a

    Public Servant, Official Misconduct, Bid Tampering, Falsifying

    Records, Misuse of Confidential Information, and Money

    Laundering;

    (4) any violations of the provisions of the Florida Anti-Fencing Act(sections 812.02-812.037, Fla. Stat.);

    (5) any violations of the provisions of the Florida Antitrust Act of 1980,

    as amended;

    (6) any violations of the provisions of chapter 815, Fla. Stat., Computer-

    Related Crimes;

    (7) any crime involving, or resulting in, fraud or deceit upon any person;

    (8) any violations of sections 847.0135, 847.0137, or 847.0138, Fla. Stat.,

    relating to computer pornography and child exploitation prevention,

    or any offense related to violations of sections 847.0135, 847.0137, or

    847.0138, Fla. Stat., or any violation of chapter 827 where the crime

    is facilitated by or connected to the use of the Internet or any device

    capable of electronic data storage or transmission;

    (9) any criminal violations of Part I of chapter 499, Fla. Stat.;

    (10) any criminal violations of sections 409.920 or 409.9201, Fla. Stat.; or,

    (11) any attempt, solicitation, or conspiracy to commit any violations of

    the crimes specifically enumerated above.

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    10/11

    CASE NO. SC09-1910

    PAGE 3

    B. The matters to be inquired into are offenses occurring, or having

    occurred, in two or more judicial circuits as part of a related transaction or when

    any such offenses are connected with an organized criminal activity throughout the

    State affecting two or more judicial circuits.

    WHEREFORE, THE COURT, pursuant to the provisions of sections 905.31

    through 905.40, Fla. Stat., Statewide Grand Jury Act, hereby orders as follows:

    1. A statewide grand jury shall be promptly impaneled for a term of twelve

    calendar months, to run from the date of impanelment, with jurisdiction throughout

    the State of Florida, to investigate crime, return indictments, make presentments,

    and otherwise perform all functions of grand jury with regard to the offenses stated

    herein.

    2. The statewide grand jury shall be drawn from the certified jury listssubmitted by the chief judges of the Eleventh, Fifteenth, Seventeenth, and

    Twentieth Judicial Circuits.

    3. The Honorable Victor Tobin, Chief Judge in and for the Seventeenth

    Judicial Circuit, is designated as presiding judge over the statewide grand jury. In

    his capacity as the presiding judge, the Honorable Victor Tobin shall maintain

    judicial supervision of the statewide grand jury, and all indictments, presentments,

    and formal returns of any kind made by such grand jury shall be returned to the

    presiding judge. The presiding judge may designate an alternate presiding judge in

    the event of calendar conflicts or otherwise and to assist in the administrative

    process of the statewide grand jury.

    4. Thomas D. Hall, Clerk of the Supreme Court of Florida, is hereby

    designated clerk of this statewide grand jury and is empowered to deputize any

  • 7/30/2019 Bill McCollum Response to Gillespie Request for Investigation-19th Statewide Grand Jury

    11/11

    CASE NO. SC09-1910

    PAGE 4

    clerk of a circuit court or any deputy clerk of a circuit court to issue necessary

    process and to carry out the administrative functions of the statewide grand jury.

    QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and

    PERRY, JJ., concur.

    A True CopyTest:

    mc

    Served:

    WILLIAM NEWTON SHEPHERD

    HON. G. KEITH CARY, CHIEF JUDGE

    HON. PETER D. BLANC, CHIEF JUDGE

    HON. JOEL H. BROWN, CHIEF JUDGE

    HON. VICTOR TOBIN, CHIEF JUDGE

    HON. CHARLES J. CRIST, JR., ETC.

    ROBERT R. WHEELER

    JUDITH SERAPHINSTEVEN R. ANDREWS