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Affidavit of Neil Gillespie to Impeach Sham Order of Judge Martha Cook

Affidavit of Neil Gillespie to Impeach Sham Order of Judge Martha Cook

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Published by Neil Gillespie
Affidavit of Neil Gillespie to impeach sham order of Judge Martha Cook, Hillsborough County, Florida, Thirteenth Judicial Circuit
Affidavit of Neil Gillespie to impeach sham order of Judge Martha Cook, Hillsborough County, Florida, Thirteenth Judicial Circuit

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Published by: Neil Gillespie on Jun 19, 2013
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11/22/2013

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDAGENERAL CIVIL DIVISION NEIL J. GILLESPIE,Plaintiff and Counter-Defendant,vs.CASE NO.: 05-CA-7205BARKER, RODEMS & COOK, P.A., DIVISION: Ja Florida corporation; WILLIAMJ. COOK,Defendants and Counter-Plaintiffs. _________________________________/
AFFIDAVIT OF NEIL J. GILLESPIE ON JUDGE MARTHA J. COOK’S
Order Prohibiting Plaintiff from Appearing Pro Se
[A Sham Order]
I, Neil J. Gillespie, under oath, testify as follows:1.My name is Neil J. Gillespie. I am over 18 years old. I was the Plaintiff and Counter-Defendant in the above-captioned case in Hillsborough County, Thirteenth Judicial Circuit.(hereinafter “this case”). This affidavit is given on personal knowledge unless otherwise stated.2.I made this affidavit to impeach the “Order Prohibiting Plaintiff from Appearing Pro Se(the “Order”), a sham Order entered November 15, 2010 by Judge Martha J. Cook in this case.(Exhibit 1). The Order is a sham and did not address a bona fide issue. Judge Cook corruptlyentered the Order during a conflict of interest, while she was a Defendant in my federal disabilityand civil rights lawsuit. Judge Cook entered the Order with a corrupt motive, to stop legitimateinquiry showing her personal and business financial affairs violated the Florida Code of JudicialConduct. Judge Cook recused herself in this case November 18, 2010, three days after enteringthe Order. Judge Cook’s recusal shows my motion to disqualify her was legally justified.
 
23.On May 1, 2013 Ryan Christopher Rodems submitted the sham Order, under penalty o perjury, in his vexatious Unlicensed Practice of Law (UPL) complaint against me to The FloridaBar, case 20133090(5) for representing myself and my related interest pro se in other cases.Consumer assistance required: Protection of an Article III federal judge4.On the morning of September 28, 2010 I sued Judge Martha Cook, and others, foviolation of my ADA disability rights, and civil rights (section 1983) in this case. I filed myfederal lawsuit, case 5:10-cv-503, by hand-delivery to the Ocala Division, U.S. District Court,Middle District of Florida. Pages 1and 2 of my pro se Complaint (Doc. 1), stamped 7:47 AM,appear at Exhibit 2. I paid a $350 filing fee in cash to the Clerk. Exhibit 3. At all times pertinentI was a law-abiding consumer of legal and court services affecting interstate commerce.U.S. Eleventh Circuit Non-Criminal Justice Act Counsel Appointment5.On information and belief, the federal district court had authority to appoint counsel torepresent me. The U.S. Eleventh Circuit adopted provisions for furnishing representation for  persons financially unable to obtain adequate representation in cases and situations which do notfall within the scope of 18 U.S.C. § 3006A, as amended -- but in which the court believes thatthe interests of justice will be served by the presence of counsel. Addenda Five, 11th Cir. R., Non-Criminal Justice Act Counsel Appointment, (b)(2) shows cause for appointment of counsel because I sought relief under 42 U.S.C. § 1983, the interest of justice would be served by the presence of counsel, and on the basis of disability and mental impairment.6.In June 2011 appointment of counsel was, on information and belief, required under 18U.S.C. § 3006A, and the Sixth Amendment, after Mr. Rodems corruptly obtained a warrant for my arrest through honest services fraud with Judge Cook, who accepted things of value(campaign donations) “in return for” official acts [18 U.S.C. § 201(b)(2)], improper rulings on
 
3summary judgment, and civil contempt with arrest on writ of bodily attachment, and who used the mail to carry out a “scheme or artifice to defraud” me [18 U.S.C. § 1341] of “the intangibleright of honest services.” [18 U.S.C. § 1346].
See
U.S. v. Terry, No. 11-4130, C.A.6.Judge Cook made a false record of the hearing September 28. 2010Judge Cook ordered me removed from court, falsely stated I “elected to leave”7.After filing my federal Complaint, I drove from Ocala to Tampa for a hearing beforeJudge Cook at 11:00 AM with opposing counsel Mr. Rodems, also a Defendant in 5:10-cv-503.8.At the start of the 11:00 AM hearing, the transcript shows I informed Judge Cook thatshe was a Defendant in federal case 5:10-cv-503, and I provided her a copy of the Complaint.9.The transcript shows I made a spoken motion to disqualify Judge Cook on severalgrounds, including her conflict as a Defendant in my federal lawsuit, case no. 5:10-cv-503, a business relationship with husband William H. Sedgeman, Jr., and disability discrimination.10.Judge Cook refused to recuse as trial judge. Instead, Judge Cook ordered me removefrom the hearing, made a false record that I “elected to leave”, and ruled against me ex parte onsummary judgment, and civil contempt with provision for arrest on writ of bodily attachment, to benefit Mr. Rodems, and his law partner and law firm who were the Defendants in this case.Eyewitness impeached Judge Cook’s false record that I “elected to leave” the hearingWitness Christopher E. Brown, Hillsborough County Sheriff’s Office (HCSO)11.A witness present, a bailiff, impeached Judge Cook’s statement that I “elected to leave”the hearing. The witness, Hillsborough County Sheriff’s Deputy Christopher E. Brown, told hisCommander, Major James Livingston, that Judge Cook ordered me removed from the hearing.Major Livingston put Deputy Brown’s statement in a letter to me January 12, 2011. Exhibit 4.12.At all times pertinent Mr. Rodems was present, and conspired with Judge Cook to createa false record that I “elected to leave” the hearing, as shown in the transcript of the proceeding.

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