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Affidavit of Neil J. Gillespie, Judge Cook Falsified Order, ADA, Panic Attack, Sep-27-2010

Affidavit of Neil J. Gillespie, Judge Cook Falsified Order, ADA, Panic Attack, Sep-27-2010

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Published by Neil Gillespie
I made a request for accommodation to the Thirteenth Judicial Circuit under the Americans With Disabilities Act (ADA) to Gonzalo B. Casares, the (ADA) Coordinator. On Friday July 9, 2010 Court Counsel David A. Rowland sent me a letter by email that denied my ADA accommodation request. Mr. Rowland denied my request less than one business day prior to a hearing I was scheduled to attend. On Monday July 12,2010 I attended a hearing at 10:30 AM before Judge Cook in this lawsuit. While attending the hearing I suffered a panic attack. I informed Judge Cook that I was ill and needed medical attention. Judge Cook excused me. This is exactly what Judge Cook said:

6 THE COURT: All right. Mr. Gillespie, you're
7 excused. Thank you.
(Transcript, July 12,2010, page 6, beginning at line 6)

Deputies of the Hillsborough County Sheriffs Office saw I was in distress and offered assistance. Tampa Fire Rescue was called. Corporal Gibson was by my side and walked me to the lobby of courthouse where I waited for the paramedics.

Tampa Fire Rescue arrived and I received medical attention at 10:42 AM by EMT Paramedic Robert Ladue and EMT Paramedic Dale Kelley. Later I obtained a report of the call, incident number 100035129. The narrative section states "found 54yom sitting in courthouse" with "tight throat secondary to stress from court appearance". The impressions section states "abdominal pain/problems". The nature of call at scene section states "Resp problem". A copy of the report is attached to this affidavit as "Exhibit A."

Because the Court denied my ADA accommodation I appeared at the hearing without one and became ill and was excused by Judge Cook, who continued the hearing without me, thereby denying me by reason of my disability to be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity in violation of law.

Upon information and belief, Judge Martha J. Cook knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839, Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court or falsify any minutes or any proceedings whatever of or belonging to any public office within this state the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
I made a request for accommodation to the Thirteenth Judicial Circuit under the Americans With Disabilities Act (ADA) to Gonzalo B. Casares, the (ADA) Coordinator. On Friday July 9, 2010 Court Counsel David A. Rowland sent me a letter by email that denied my ADA accommodation request. Mr. Rowland denied my request less than one business day prior to a hearing I was scheduled to attend. On Monday July 12,2010 I attended a hearing at 10:30 AM before Judge Cook in this lawsuit. While attending the hearing I suffered a panic attack. I informed Judge Cook that I was ill and needed medical attention. Judge Cook excused me. This is exactly what Judge Cook said:

6 THE COURT: All right. Mr. Gillespie, you're
7 excused. Thank you.
(Transcript, July 12,2010, page 6, beginning at line 6)

Deputies of the Hillsborough County Sheriffs Office saw I was in distress and offered assistance. Tampa Fire Rescue was called. Corporal Gibson was by my side and walked me to the lobby of courthouse where I waited for the paramedics.

Tampa Fire Rescue arrived and I received medical attention at 10:42 AM by EMT Paramedic Robert Ladue and EMT Paramedic Dale Kelley. Later I obtained a report of the call, incident number 100035129. The narrative section states "found 54yom sitting in courthouse" with "tight throat secondary to stress from court appearance". The impressions section states "abdominal pain/problems". The nature of call at scene section states "Resp problem". A copy of the report is attached to this affidavit as "Exhibit A."

Because the Court denied my ADA accommodation I appeared at the hearing without one and became ill and was excused by Judge Cook, who continued the hearing without me, thereby denying me by reason of my disability to be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity in violation of law.

Upon information and belief, Judge Martha J. Cook knowingly and willfully, with malice aforethought, falsified a record in violation of chapter 839, Florida Statutes, section 839.13(1) if any judge shall falsify any record or any paper filed in any judicial proceeding in any court of this state, or conceal any issue, or falsify any document filed in any court or falsify any minutes or any proceedings whatever of or belonging to any public office within this state the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

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Published by: Neil Gillespie on Sep 10, 2012
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDAGENERAL CIVIL DIVISION
NEIL
J.
GILLESPIE,Plaintiff and Counter-Defendant,CASE NO.: 05-CA-7205vs.BARKER, RODEMS
&
COOK, P.A.,DIVISION: Ga Florida corporation; and WILLIAM
J.
COOK,Defendants and Counter-Plaintiffs.
-------------_/
AFFIDAVIT OF NEIL
J.
GILLESPIE
Neil
J.
Gillespie, under oath, testifies as follows:
1.
My name is Neil
J.
Gillespie, and I am over eighteen years
of
age. Thisaffidavit is given on personal knowledge unless otherwise expressly stated.2. Circuit Judge Martha
J.
Cook is presiding over this lawsuit.
3.
I made a request for accommodation
to
the Thirteenth Judicial Circuitunder the Americans With Disabilities Act (ADA) to Gonzalo
B.
Casares, the (ADA)Coordinator. On Friday July 9, 2010 Court Counsel David
A.
Rowland sent me a letter byemail that denied my ADA accommodation request. Mr. Rowland denied my request lessthan one business day prior to a hearing I was scheduled to attend.4. On Monday July 12,2010 I attended a hearing at 10:30 AM before JudgeCook in this lawsuit. While attending the hearing I suffered a panic attack. I informedJudge Cook that I was ill and needed medical attention. Judge Cook excused me. This isexactly what Judge Cook said:Page 1
of3
 
6
THE
COURT:
All
right.
Mr.
Gillespie,
you're
7
excused.
Thank
you.
(Transcript, July 12,2010, page 6, beginning at line 6)
5.
Deputies
of
the Hillsborough County
Sheriffs
Office saw I was in distressand offered assistance. Tampa Fire Rescue was called. Corporal Gibson was by my sideand walked me to the lobby
of
courthouse where I waited for the paramedics.
6.
Tampa Fire Rescue arrived and I received medical attention at 10:42 AMby EMT Paramedic Robert Ladue and EMT Paramedic Dale Kelley. Later I obtained areport
of
the call, incident number 100035129. The narrative section states "found 54yomsitting in courthouse" with "tight throat secondary to stress from court appearance". Theimpressions section states "abdominal pain/problems". The nature
of
call at scene sectionstates "Resp problem". A copy
of
the report is attached to this affidavit as "Exhibit A."
7.
Because the Court denied my ADA accommodation I appeared at thehearing without one and became ill and was excused
by
Judge Cook, who continued thehearing without me, thereby denying me by reason
of
my disability to be excluded fromparticipation in or be denied the benefits
of
the services, programs, or activities
of
apublic entity, or be subjected to discrimination by any such entity in violation
of
law.
8.
I received a document from Judge Cook dated July
29,2010
"Notice
Of
Case Management Status and Orders On Outstanding Res Judicata Motions" and "Notice
Of
Court-Ordered Hearing On Defendants' For Final Summary Judgment". A certifiedcopy
of
the document is attached to this affidavit as "Exhibit B". The document beginswith a false account
of
my panic attack and medical treatment on July 12,2010. JudgeCookwrote: "[t]hePlaintiffvoluntarilyleftthehearingpriorto itsconclusion...loudlyPage 2
of3
 
gasping and shouting he was ill and had to be excused."
At
footnote 2 Judge
Cook
wrote:"Mr. Gillespie refused medical care from emergency personnel when called by bailiffsand left the courthouse immediately after learning that the conference was completed."
8.
Upon information and belief, Judge Martha J. Cook knowingly andwillfully, with malice aforethought, falsified a record in violation
of
chapter 839, FloridaStatutes, section 839.13(1)
if
any judge shall falsify any record
or
any paper filed in anyjudicial proceeding in any court
of
this state, or conceal any issue, or falsify any documentfiled in any court
or
falsify any minutes or any proceedings whatever
of
or
belonging toany public office within this state the person so offending shall be guilty
of
amisdemeanor
of
the first degree, punishable as provided in
s.
775.082
or
s.
775.083.
FURTHER
AFFIANT SAYETH NAUGHT.Dated this 27th day
of
September 2010.STATE OF FLORIDACOUNTY OF MARIONBEFORE ME, the undersigned authority authorized to take oaths and acknowledgmentsin the State
of
Florida, appeared NEIL J. GILLESPIE, personally known to me,
or
providedidentification, who, after having first been duly sworn, deposes and says that the above matterscontained in this Affidavit are true and correct to the best
of
his knowledge and belief.WITNESS my hand and official seal this 27th day
of
September 2010.
C ~ ~
 
otary Public
~ ~
 
CECIUA
ROSENBERGER
State
of
Florida
f,.:
~
 
Commission
DO
781620
.;
Expires June
6,
2012
80ndId
TtIU
TIGf
FIil
........
701.
Page 3
of3

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