You are on page 1of 44

President Barack Obama The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear President Obama,

September 27, 2016

Mr. President, an African-American schoolgirl in Ocala, Florida may need assistance attending public school, which is a federally protected activity under 18 U.S.C. § 245(b)(2)(A).

Enclosed is a copy of my letter to Loretta E. Lynch, U.S. Attorney General. Something disrupted next day delivery of my letter to Attorney General Lynch, shipped on September 22, 2016, UPS tracking #1Z64589FNW92981779. FBI Director Comey got his letter delivered on time. But my letter to the Attorney General was misdirected to the Lafayette Building, Veterans Affairs, 811 Vermont Ave. NW, Washington, DC 20571. As I write this, my letter to the Attorney General still has not been delivered to the Department of Justice. I wrote Attorney General Lynch in part,

The Ocala Star-Banner reported January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." Meanwhile, the black schoolgirl being intimidated by white supremacists with Confederate flags was wrongly cited in lieu of arrest.

U.S. Attorney Lee Bentley has jurisdiction, but there is no evidence USAFLM Bentley sought justice for the black schoolgirl intimidated by white supremacists with Confederate flags.

Mr. President, long ago when I was a student in Levittown, Pennsylvania, the American Civil War was taught as a history lesson. Today in Ocala, Florida, the Lost Cause of the Confederacy is an ongoing current event. Too many folks here have not accepted the outcome of the American Civil War, including powerful people like lawyers, judges, and perhaps Mr. Bentley.

The murder of 9 African-Americans in Charleston, South Carolina, on June 17, 2015 was a time of change for many Americans on the Confederate flag issue. But not in Marion County. Instead, Ocala doubled-down on its support for the flag. Unfortunately Confederate flags were used in a racial incident at the West Port High School to commit a hate crime against an African-American student, as defined by Fla. Stat. § 775.085 Evidencing prejudice while committing offense; reclassification, because the offense involved the race/color of a black student by three white students who used Confederate flags in a threat of force, to injure, intimidate or interfere with the African-American student while she was attending public school. Thank you.

Sincerely,

while she was attending public school. Thank you. Sincerely, Neil J. Gillespie 8092 SW 115 t

Neil J. Gillespie

8092 SW 115 th Loop

Ocala, Florida 34481

Telephone: (352) 854-7807 Email: neilgillespie@mfi.net

Enclosures

Legacy of Hate

Central Florida, Fifth Judicial Circuit, home of the all-white bench, a Jim Crow bench in 2016

home of the all-white bench, a Jim Crow bench in 2016 The Indoctrination of Keeper Greene,

The Indoctrination of Keeper Greene, July 12, 2015

Intergenerational Confederate Propaganda (1861 - 2016)

Keeper Greene, a 2-year-old from of Clermont, draped in a Rebel flag, waves a Confederate flag with his father, Brian, at the start of the Florida Southern Pride Ride at the Southeastern Livestock Pavilion in Ocala, Fla., on Sunday. (BRUCE ACKERMAN/Ocala Star-Banner /Landov)

Confederate flag supporters flock to the 'Florida Southern Pride Ride' in Ocala: reports Ocala police investigating after shots fired near Confederate flag rally WFTV - Orlando, FL

By Tobias Salinger, NEW YORK DAILY NEWS, Monday, July 13, 2015, 6:04 AM

http://www.nydailynews.com/news/national/confederate-flag-supporters-flock-central-florida-rally-article-1.2290300

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff

Friday Posted Jan 29, 2016 at 5:20 PM

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High

By Joe CallahanStaff writer

Three West Port High School students who taunted classmates on Thursday by waving Confederate flags during school will be disciplined, according to Marion County School District officials.

West Port High School Principal Jayne Ellspermann said moments after the white students — two boys and a girl — began taunting, an argument ensued and one black female student threw a punch at the taunters. Within a few minutes, teachers and the school's resource officer broke up the disturbance, which at that point was almost entirely verbal.

“Poor decisions of a few of our students led to this,” said Ellspermann, adding that she was pleased with the quick response from staff to keep things from escalating.

Ellspermann, who was the nation's principal of the year in 2014, said social media after the fact is now the biggest problem.

By late Thursday night, and all day Friday, posts on Facebook have portrayed the incident as a race riot. School staff are looking into reports of related videos on

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Facebook. Ellspermann said that many more students, who are

Facebook.

Ellspermann said that many more students, who are escalating the situation on Facebook, will be disciplined by the time their investigation is completed.

be disciplined by the time their investigation is completed. Some people may argue that the students

Some people may argue that the students have freedom of speech when it comes to Facebook postings, or even for waving the Confederate flags. The district says that is not the case if those actions are causing a disruption at school.

For example: If an after-school Facebook post indicates that one person will do harm to another student at school, the district can act and impose a suspension because the actions could disrupt school.

Marion County Public Schools spokesman Kevin Christian said the flag-waving students' prime objective was to disrupt school. And for that, they can be disciplined.

“It was a planned, calculated incident,” Christian said. “They were trying to solicit a reaction.”

One West Port High parent, Erika Boone, has a freshman attending the school. She had heard rumors of race riots and called the Star-Banner. Once she was contacted, she said she had since found out that the situation was handled properly at West Port, but wished she would have known about it.

“They should have called all the parents,” said Boone, specifically talking about the district's automated calling system.

The Ocala Police Department issued the female student who threw a punch a citation in lieu of arrest, Christian said on Friday.

Joe Callahan can be reached at 867-4113 or at joe.callahan@starbanner.com.

Follow him on Twitter @JoeOcalaNews.

https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FNT91572209&refNumbers=&loc=en_US

Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Close
Proof of Delivery

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

serves as proof of delivery for the shipment listed below. Close Window Tracking Number: 1Z64589FNT91572209

Close Window

Tracking Number:

1Z64589FNT91572209

Service:

UPS Next Day Air®

Weight:

1.00 lb

Shipped/Billed On:

09/27/2016

Delivered On:

09/28/2016 9:36 A.M.

Delivered To:

1600 PENNSYLVANIA AVE NW

Received By:

WASHINGTON, DC, US NALDO

20006

AVE NW Received By: WASHINGTON, DC, US NALDO 20006 Left At: Thank you for giving us

Left At:

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS:

Other - released

09/28/2016 10:17 A.M.

ET

Sincerely, UPS Tracking results provided by UPS: Other - released 09/28/2016 10:17 A.M. ET Print This

Print This Page

Sincerely, UPS Tracking results provided by UPS: Other - released 09/28/2016 10:17 A.M. ET Print This

Close Window

https://www.ups.com/uis/create?ActionOriginPair=default PrintWindowPage&key=labelWindow&type=html&loc=en_US&instr=A&doc=shipment

UPS Internet Shipping: View/Print Label

1. Ensure there are no other shipping or tracking labels attached to your package.

Select the

Print button on the print dialog box that appears. Note: If your browser does not support this function

select Print from the File menu to print the label.

2. Fold the printed label at the solid line below.

Place the label in a UPS Shipping Pouch. If you do

not have a pouch, affix the folded label using clear plastic shipping tape over the entire label.

3. GETTING YOUR SHIPMENT TO UPS Customers with a Daily Pickup Your driver will pickup your shipment(s) as usual.

Customers without a Daily Pickup Take your package to any location of The UPS Store®, UPS Access Point(TM) location, UPS Drop Box, UPS Customer Center, UPS Alliances (Office Depot® or Staples®) or Authorized Shipping Outlet near

you. Items sent via UPS Return Services(SM) (including via Ground) are also accepted at Drop Boxes. To find the location nearest you, please visit the 'Find Locations' Quick link at ups.com. Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping packages. Hand the package to any UPS driver in your area.

UPS Access Point TM THE UPS STORE 11100 SW 93RD COURT RD OCALA ,FL 34481

UPS Access Point TM THE UPS STORE 3101 SW 34TH AVE OCALA ,FL 34474

FOLD HERE

11100 SW 93RD COURT RD OCALA ,FL 34481 UPS Access Point T M THE UPS STORE
ATTN : NEIL J. GILLESPIE PHONE : (352)854-7807 September 29, 2016 Shipper 64589F Page 1

ATTN : NEIL J. GILLESPIE PHONE : (352)854-7807

September 29, 2016 Shipper 64589F Page 1 of 1

DELIVERY NOTIFICATION

INQUIRY FROM:

NEIL J. GILLESPIE NEIL J. GILLESPIE 8092 SW 115TH LOOP OCALA FL 34481-3567

SHIPMENT TO:

LORETTA E. LYNCH U.S. DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVE NW WASHINGTON DC 205300001

Shipper Number

64589F

Pickup Date

09/22/16

Number of Parcels

1

Weight

1 LBS

Tracking Identification Number 1Z64589FNW92981779

Merchandise

9 PAGES LETTER//LETTERS

Receipt of the above shipment has been acknowledged by DAVID BURROUGHS whose telephone number is (202)514-2000.

T890NTFM:000A0000

Neil Gillespie

Page 1 of 1

From: To: Sent: Subject: "UPS Customer Service" <packageinfo@ups.com> <neilgillespie@mfi.net>
From:
To:
Sent:
Subject:
"UPS Customer Service" <packageinfo@ups.com>
<neilgillespie@mfi.net>
Thursday, September 29, 2016 2:17 PM
UPS Package Information - 64589F
IMPORTANT DELIVERY,
You have received an important delivery from UPS Customer Service.
Please download your file by clicking on the file name in the Attachment section of the ePackage area below.
ePackage
To
neilgillespie@mfi.net
Cc
Attachments
64589F_401_2457659.pdf (19.08 KB)
Download All Files

Attached file will be available for 15 days after the receipt of this email.

If you require assistance please contact UPS Customer Service. Please note: This e-mail was sent from an auto-notification system that cannot accept incoming e-mail. Please do not reply to this message.

This e-mail is intended for the addressee shown. It contains information that is confidential and protected from disclosure. Any review, dissemination or use of this transmission or its contents by persons or unauthorized employees of the intended organizations is strictly prohibited.

Loretta E. Lynch, U.S. Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

https://www.justice.gov/ http://www.fbi.gov/

VIA UPS No. 1Z64589FNW92981779

James Comey, FBI Director Federal Bureau of Investigation 935 Pennsylvania Avenue, NW Washington, D.C. 20535-0001

VIA UPS No. 1Z64589FNT91324183

Dear AG Lynch, and Director Comey:

September 22, 2016

The Ocala Star-Banner reported January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." Meanwhile, the black schoolgirl being intimidated by white supremacists with Confederate flags was wrongly cited in lieu of arrest.

U.S. Attorney Lee Bentley has jurisdiction, but there is no evidence USAFLM Bentley sought justice for the black schoolgirl intimidated by white supremacists with Confederate flags.

Fine, I bear witness to the ongoing plague of white supremacy racism in central Florida. Enclosed is my complaint to The Florida Bar against School Board attorney Steven Eleazer Lake for white supremacy racial discrimination, and obstruction of justice for concealing records.

The Ocala Police Department has not provided records for the "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." See enclosed.

In my view this offense was a hate crime under FS § 775.085 Evidencing prejudice while committing offense; reclassification, because the offense involved the race/color of the black student by three white students who used Confederate flags in a threat of force, to injure, intimidate or interfere with the black student while she was engaged in a federally protected activity, attending public school. 18 U.S.C. § 245. The black schoolgirl was justified in punching the perpetrator(s) under FS § 776.012(1), use or threatened use of force in defense of person.

My Statement Of Candidacy (for president) appears on the Federal Elections Commission website. It was accepted by the FEC on September 11, 2016, FEC-1098470, Candidate ID P60022993. If elected, I plan, inter alia, a new type of Reconstruction for certain parts of the South, to protect the rights of African-Americans forgotten by the US Department of Justice.

A joint statement by the American Bar Association and the NAACP Legal Defense and Educational Fund addressing the “troubling and destabilizing loss of public confidence in the American criminal justice system” is enclosed as part of the Florida Bar complaint. Thank you.

Sincerely,

as part of the Florida Bar complaint. Thank you. Sincerely, Neil J. Gillespie, 8092 SW 115th

Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481, Email: neilgillespie@mfi.net

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff

Friday Posted Jan 29, 2016 at 5:20 PM

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High

By Joe CallahanStaff writer

Three West Port High School students who taunted classmates on Thursday by waving Confederate flags during school will be disciplined, according to Marion County School District officials.

West Port High School Principal Jayne Ellspermann said moments after the white students — two boys and a girl — began taunting, an argument ensued and one black female student threw a punch at the taunters. Within a few minutes, teachers and the school's resource officer broke up the disturbance, which at that point was almost entirely verbal.

“Poor decisions of a few of our students led to this,” said Ellspermann, adding that she was pleased with the quick response from staff to keep things from escalating.

Ellspermann, who was the nation's principal of the year in 2014, said social media after the fact is now the biggest problem.

By late Thursday night, and all day Friday, posts on Facebook have portrayed the incident as a race riot. School staff are looking into reports of related videos on

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Facebook. Ellspermann said that many more students, who are

Facebook.

Ellspermann said that many more students, who are escalating the situation on Facebook, will be disciplined by the time their investigation is completed.

be disciplined by the time their investigation is completed. Some people may argue that the students

Some people may argue that the students have freedom of speech when it comes to Facebook postings, or even for waving the Confederate flags. The district says that is not the case if those actions are causing a disruption at school.

For example: If an after-school Facebook post indicates that one person will do harm to another student at school, the district can act and impose a suspension because the actions could disrupt school.

Marion County Public Schools spokesman Kevin Christian said the flag-waving students' prime objective was to disrupt school. And for that, they can be disciplined.

“It was a planned, calculated incident,” Christian said. “They were trying to solicit a reaction.”

One West Port High parent, Erika Boone, has a freshman attending the school. She had heard rumors of race riots and called the Star-Banner. Once she was contacted, she said she had since found out that the situation was handled properly at West Port, but wished she would have known about it.

“They should have called all the parents,” said Boone, specifically talking about the district's automated calling system.

The Ocala Police Department issued the female student who threw a punch a citation in lieu of arrest, Christian said on Friday.

Joe Callahan can be reached at 867-4113 or at joe.callahan@starbanner.com.

Follow him on Twitter @JoeOcalaNews.

Neil Gillespie

Page 1 of 2

From:

"Neil Gillespie" <neilgillespie@mfi.net>

To:

"Cynthia Barnes" <cbarnes@ocalapd.org>

Cc:

"FBI Tampa Division" <tampa.division@ic.fbi.gov>; "FBI Jacksonville Division"

Sent:

<jacksonville@ic.fbi.gov>; "Neil Gillespie" <neilgillespie@mfi.net> Wednesday, September 21, 2016 1:51 PM

Attach:

201600021378 JCC.pdf; Racial incident at West Port_ 3 students face discipline after taunts while

Subject:

waving Confederate flags.pdf Re: Public Records Request; Hate Crime at West Port High School, Ocala, Florida

Sgt. C. L. Barnes, P.I.O. Ocala Police Dept.

Dear Sgt. Barnes,

Thank you for this public record. On September 14, 2016 I contacted the Marion County School Board/Kevin Christian prior to my record request to you. At first Kevin Christian was non-responsive, so I emailed the School Board members, and certain school officials. Eventually I got with Steven Lake, School Board Attorney. As of today they have not provided any records. Kevin Christian and Steven Lake claim there are no records, and that my record request was too broad for them to locate records. The Ocala Star-Banner story says the school did an investigation, which I requested, along with any conclusion, and report and recommendation, etc., but I got the same response, and that student files are confidential.

Getting back to the record you provided, it does not mention three white students who used a Confederate flag in a threat of force, to injure, intimidate or interfere with a black student while attending public school, who responded with a punch.

The initial incident was a hate crime under 775.085 Evidencing prejudice while committing offense; reclassification, because the offense involved the race/color of the black victim by three white students who used a Confederate flag in a threat of force, to injure, intimidate or interfere with the black victim while engaged in a federally protected activity, attending public school, 18 U.S. Code § 245 - Federally protected activities. The hate crime victim was justified in punching the perpetrator(s) under 776.012 (1) Use or threatened use of force in defense of person. So I do not understand why the record you provided omits the facts of the hate crime, unless you inadvertently provided the wrong public record. If so, provide the correct public record immediately.

Also, I requested, but did not get, the name of the attorney for the Ocala PD.

Sincerely,

Neil J. Gillespie

----- Original Message ----- From: Cynthia Barnes To: Neil Gillespie Sent: Tuesday, September 20, 2016 12:13 PM Subject: Re: Public Records Request

Morning,

The copy of the Juvenile Civil Citation is attached. I hope this is what you are looking for, I will continue to search. Of course, if you have not already done so you will need to contact Marion County School Board/Kevin Christian in reference to the school inquiry.

Page 2 of 2

>>> "Neil Gillespie" <neilgillespie@mfi.net> 09/16/2016 10:44 AM >>>

CYNTHIA BARNES Public Information Officer Ocala Police Website 402 South Pine Ave. Ocala, FL 34471 Phone: 352-369-7131 Email: cbarnes@ocalapd.org

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

This is a request for public records for the racial incident at West Port High School described in the Ocala Star-Banner January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." A PDF copy of the story is attached.

The Ocala Star-Banner quoted District Spokesman Kevin Christian "It was a planned, calculated incident" and "They were trying to solicit a reaction". In addition, provide records for canceled school days, and/or students kept home fearing a race riot. Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Email: neilgillespie@mfi.net

https://webforms.fec.gov/webforms/form2/final.htm

HOME / ELECTRONIC FILING / ONLINE FILING / ONLINE WEBFORMS / FORM 2 / COMMITTEE
HOME / ELECTRONIC FILING / ONLINE FILING / ONLINE WEBFORMS / FORM 2 / COMMITTEE
ACCEPTED FEC-1098470
The Candidate ID : P60022993
Thank you. Your filing has been successfully submitted to the
FEC.
Click here to view your filing details
Click here to return to Webforms
Commission regulations require Principal Campaign
Committees to register with the FEC by filing a
Statement of Organization (FEC Form 1) no later
than 10 days after designation by the candidate (11
CFR §102.1(a)).
Click here to complete your Form 1

Image# 201609119030767061

FEC FORM 2

STATEMENT OF CANDIDACY

09/11/2016 01 : 52

PAGE 1 / 2

OF CANDIDACY 09/11/2016 01 : 52 P A G E 1 / 2 1. (a) Name

1. (a) Name of Candidate (in full)

Neil J. Gillespie (b) Address (number and street) Check if address changed 2. Candidate’s FEC
Neil J. Gillespie
(b)
Address (number and street)
Check if address changed
2. Candidate’s FEC Identification Number
8092 SW 115th Loop
P60022993
(c)
City, State, and ZIP Code
3.
Is This
New
Amended
Ocala
FL
34481
Statement
(N)
OR
(A)
4. Party Affiliation
5. Office Sought
6. State & District of Candidate
UN
Presidential

DESIGNATION OF PRINCIPAL CAMPAIGN COMMITTEE

7. I hereby designate the following named political committee as my Principal Campaign Committee for the

2016 election(s).

(year of election)

NOTE: This designation should be filed with the appropriate office listed in the instructions.

(a)

Name of Committee (in full)

No registered Principal Campaign Committee yet; my home address:

(b)

Address (number and street)

8092 SW 115th Loop

(c)

City, State, and ZIP Code

Ocala

FL

34481

DESIGNATION OF OTHER AUTHORIZED COMMITTEES

(Including Joint Fundraising Representatives)

8. I hereby authorize the following named committee, which is NOT my principal campaign committee, to receive and expend funds on behalf of my candidacy.

NOTE: This designation should be filed with the principal campaign committee.

(a)

Name of Committee (in full)

(b)

Address (number and street)

(c)

City, State, and ZIP Code

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.

Signature of Candidate

Neil J. Gillespie

[Electronically Filed]

Date

09/11/2016

.

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to penalties of 2 U.S.C. §437g.

information may subject the person signing this Statement to penalties of 2 U.S.C. §437g. FEC FORM

Image# 201609119030767062

Image# 201609119030767062 P A G E 2 / 2 Form/Schedule: Transaction ID : F2N Memo #1:

PAGE 2 / 2

Form/Schedule:

Transaction ID :

F2N

Memo #1: I am a qualified person with a disability. I request disability accommodation under the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including Section 504 of the Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as amended. This disability accommodation request also seeks a prohibition against disability discrimination. Memo #2: I am filing a FEC Form 2:

Statement of Candidacy, but got this message at the end: "Are you sure you want to submit this report electronically? Filing a Form 1 through this system constitutes an electronic filing. Committees are required to file electronically if total contributions received or total expenditures made exceed, or are expected to exceed, $50,000 in any calendar year. Committees who are not required to file electronically, but choose to do so, must continue to file electronically for that calendar year. 11 C.F.R. 104.18"

Form/Schedule:

Transaction ID:

VIA U.P.S. No. 1Z64589FP295347371 Email: jharkness@flabar.org

John F. Harkness, Jr., Executive Director The Florida Bar, 651 East Jefferson Street Tallahassee, FL 32399-2300

Dear Mr. Harkness:

September 21, 2016

Steven Lake violated Rule 4-8.4 Misconduct (c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation

(d) engage in conduct in connection with the practice of law that is prejudicial to the

administration of justice

on account of race

This is a complaint against Steven Eleazer Lake for white supremacy racial discrimination, and obstruction of justice, against an African-American female student of West Port High School, who was apparently punished for being a victim of a hate crime by three white students, and concealing records thereto, specifically a report of the incident that I requested under 119 et seq.

Steven Eleazer Lake, Florida Bar ID # 54250 Legal Department, The School Board of Marion County, Florida 512 SE 3rd St., Ocala, FL 34471-2212 Email: Steven.Lake@marion.k12.fl.us

The Ocala Star-Banner reported January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." A copy of the story is enclosed.

The Ocala Star-Banner reported inter alia the following :

“West Port High School Principal Jayne Ellspermann said moments after the white students — two boys and a girl — began taunting, an argument ensued and one black female student threw a punch at the taunters.”

Marion County Public Schools spokesman Kevin Christian said the flag-waving students' prime objective was to disrupt school. And for that, they can be disciplined. “It was a planned, calculated incident,” Christian said. “They were trying to solicit a reaction.”

The Ocala Police Department issued the female student who threw a punch a citation in lieu of arrest, Christian said on Friday.

On September 19, 2016 clarified my initial public records request as follows:

Dear Mr. Lake:

In response to your email, this is a clear description of the records I am seeking: Provide a copy of the investigation mentioned in the attached Ocala Star-Banner news article. I highlighted the paragraph for you.

"Ellspermann said that many more students, who are escalating the situation on Facebook, will be disciplined by the time their investigation is completed."

Provide all records of the investigation, and any conclusion, report or recommendation.

The Florida Bar Complaint - Steven Eleazer Lake

September 21, 2016 Page - 2

As of today I do not show a response from Mr. Lake. Instead I got an email non-response from nonlawyer Kevin Christian Monday, September 19, 2016, see enclosed.

In my view, the Ocala Star-Banner story reported that three white students used a Confederate flag in a threat of force, to injure, intimidate or interfere with a black student while attending public school, a federally protected activity, who responded with justifiable force, a punch.

In my view the incident was a hate crime under 775.085 Evidencing prejudice while committing offense; reclassification, because the offense involved the race/color of the black victim by three white students who used a Confederate flag in a threat of force, to injure, intimidate or interfere with the black victim while she was engaged in a federally protected activity, attending public school, 18 U.S. Code § 245. The hate crime victim was justified in punching the perpetrator(s) under 776.012(1) Use or threatened use of force in defense of person. Also see,

Fla. Stat. § 1006.13 Policy of zero tolerance for crime and victimization Fla. Stat. § 1006.147 Bullying and harassment prohibited Fla. Stat. § 784.048 Stalking; definitions; penalties

Principal Jayne Ellspermann is the wife of David R. Ellspermann, Marion County Clerk of Court & Comptroller. David Ellspermann was successfully sued for employment discrimination, and the county’s insurer paid a settlement of $125,000 to Antonio J. Ortiz-Carballo, see,

Ortiz-Carballo v. Ellspermann, Florida Middle District Court, Case No. 5:08-cv-00165 District Judge Wm. Terrell Hodges, presiding, Nature of Suit: 442 Civil Rights: Jobs

Reportedly Ellspermann told Ortiz-Carballo, There is to be no Spanish spoken in my office

Lawsuit and Settlement documents in Ortiz-Carballo v Ellspermann

https://www.scribd.com/document/271966970/

David Ellspermann used taxpayer funds to purchase Confederate flag(s) for display on Marion County government property. David Ellspermann displays images of Confederate currency on the Clerk’s public website. David Ellspermann displays a neo-Confederate fairy tale account of the American Civil War on the Clerk’s public website, see Marion County's 150 Year Commemoration of the War Between the States 1861-1865. Fairy tale accounts of the American Civil War, and slavery in the United States, undermine the civil rights of African-Americans.

An inscription on Johnny Reb, the Marion County Confederate Soldier Statue, states,

http://www.flpublicarchaeology.org/civilwar/monuments/ocala/front-nw-face.jpg.php

The South Reveres Her Washington, Jefferson, Madison,

The South Reveres Her Washington, Jefferson, Madison, Monroe, Andrew Jackson, And Others, Who Laid The Foundations Of Our Grand Republic. She Honors Her Lee, Stonewall Jackson, Stuart, Johnson, Forest, And Every Brave Son Who Fought To Preserve Our Liberties, Guaranteed By The Fathers, Under The Constitution.

The Florida Bar Complaint - Steven Eleazer Lake

September 21, 2016 Page - 3

There is no mention of Abraham Lincoln, et al., just the slave-owning U.S. presidents: One in four U.S. presidents were slaveholders: 12 owned slaves at some point in their lives. Tellingly, 8 presidents owned slaves while living in the White House. Also noteworthy is Nathan Bedford

Forrest a Confederate lieutenant general during the American Civil War

Grand Wizard of the Ku Klux Klan

Pillow. The Constitution described on the Confederate statue means the original Constitution of 1789 that permitted slavery, not the U.S. Constitution and Thirteenth Amendment (1865), Fourteenth Amendment (1868), and Fifteenth Amendment (1870) in place when the statue was erected in 1908.

served as the first

who

Forrest

was accused of war crimes at the Battle of Fort

The Gettysburg Address, and equality, is rejected by Marion County, Florida,

"Four score and seven years ago our fathers brought forth

and dedicated to the proposition that all men are created equal

civil war, testing whether that nation

shall have a new birth of freedom; and that this government of the people, by the people, for the

people, shall not perish from the earth." - Abraham Lincoln

a

new nation, conceived in Liberty, Now we are engaged in a great

that

this nation

can

endure

we

here highly resolve

The Military Order Of The Stars and Bars, Florida, Marion County, Marion Dragoons #164 Newsletter Winter 2013, page 8: “Lord, we give thanks to you for the blessing of being able to honor our ancestors who gave their all to protect us, defend our honor and uphold the original intent of our Constitution.” (Slavery in the United States)

Marion County Florida has a long history of lynching, described in Lethal Punishment: The End of Lynching in Marion County, Florida by Margaret Vandiver. Chapter Five: “The First Time a Charge Like This Has Ever Been Tried in the Courts” pp. 70-88. Excerpts below from page 70 and page 72 respectively:

70-88. Excerpts below from page 70 and page 72 respectively: "Between 1885 and 1930, nineteen black

"Between 1885 and 1930, nineteen black men were lynched in Marion County, nine of them for sexual offenses. Marion County lynchings were public affairs, often carried out before hundreds of witnesses, but none of the perpetrators was prosecuted."

"Marion County mobs sometimes left a placard or a sign attached to the body of the victim; when Robert Larkin was lynched in 1893, the mob left a placard reading, "Done by 300 of the best citizens of this county."

People Lynched in Marion County, Florida (partial list from Table 9)

1. Robert Larkin lynched July 12, 1893, black male

The Florida Bar Complaint - Steven Eleazer Lake

September 21, 2016 Page - 4

3. William Jackson lynched December 1, 1894, black male

4. William Jones lynched December 15, 1894, black male

5. John Richards lynched February 17, 1915, black male

6. Joseph Nimrod lynched December 29, 1915, black male

7. Richard Anderson lynched January 28, 1916, black male

8. Elijah Jones lynched February 12, 1921, black male

9. Chandler Colding lynched January 11, 1926, black male

“John Richard’s offense was allegedly sending an insulting note to a white woman. Near the end of the Civil War, several black Union soldiers in Marion County were burned to death for supposedly trying to recruit other blacks into the Union army.”

Page 72, last paragraph, "White supremacy was deeply established in Marion County. In 1924, the Ocala Banner gave front-page space to an announcement that the Ku Klux Klan would be organizing a chapter in Marion County. Interested parties were instructed to send their name, church and lodge affiliations, and their place of birth, "only 100 per cent Americans wanted." The initiation fee was ten dollars and robes cost another five dollars."[fn 14, Ocala Banner, May 30, 1924, 1.]

Pages 72-73 "The tradition of lynching was also deeply rooted in the county. The author of a memoir of the community of Citra recalled the route taken by the local school bus in the 1920s: "it went through Cabbage Hammock, by Mr. Wartman's fence, and then by 'The Hanging Tree,' where it was not unusual to see pieces of frayed rope swaying from a stout limb, in the early morning light." [fn15]. Lynching seems to have had broad support among whites in Marion County."

Page 73, second paragraph, "Until the middle of the 1920s, the local press took a uniformly approving tone when reporting lynchings. When Elijah Jones was lynched for allegedly raping a seventy-year-old white woman and attempting to assault an eleven-year-old white girl, the Ocala Banner reported that three thousand people either participated in hanging Jones or viewed his body after the lynching." Page 73 continued

"The Ocala Evening Star wrote a long article on the lynching, defending it in strident terms. According to the paper, Jones was a "bad nigger," a "filthy ruffian," a "rape fiend," and a "degenerate young devil." Those who lynched him were not a mob but "representative citizens, and they consider it their duty to rid their county of rapists and rattlesnakes as soon as possible." The mob members "understood all about" a remark Jones was reported to have made, "that he wanted white because he was tired of black. That is the inspiration of all the rape fiends, and the only thing to meet it with is hot lead and hemp." The paper scornfully dismissed an inquiry from the Associated Press concerning race troubles in Marion County, insisting that all was quiet and that everyone was going about their business as usual." [fn16, Ocala Banner, February 18, 1921,5; Ocala Evening Star, February 14,1921,1.]

Page 71, "The Ku Klux Klan was active in Marion County, and in one case lynched the suspected murderers of a white man, hanging the skeleton of one of their victims from a tree near Ocala." [fn6]

The Florida Bar Complaint - Steven Eleazer Lake

September 21, 2016 Page - 5

Pages 71-72, "A striking aspect of lynching in Marion County is the frequency with which mobs took their victims from the custody of law enforcement, apparently meeting little or no resistance. Of the fifteen cases in which I have been able to determine the circumstances of the suspect's capture by the mob, all but two involved suspects already in the custody of law enforcement officers."

Lethal Punishment: Chapter Five, The End of Lynching in Marion County, Florida, online see,

https://www.scribd.com/document/284372795/The-End-of-Lynching-in-Marion-County-Florida

The American Bar Association (ABA) and the NAACP Legal Defense and Educational Fund have issued a joint statement addressing the "troubling and destabilizing loss of public confidence in the American criminal justice system."

The enclosed statement notes the "recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers." While the ABA and the Fund believe that "the overwhelming percentage" of police, prosecutors and judges are not racist, "explicit bias remains a real factor in our country—and criminal justice system—and implicit or unconscious bias affects even those who may believe themselves to be fair," the statement says.

"The American criminal justice is unquestionably at a moment of crisis," the statement says.

Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.

Sincerely,

foregoing facts are true, correct and complete. Sincerely, Neil J. Gillespie 8092 SW 115th Loop Ocala,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481

Telephone: 352-854-7807 Email: neilgillespie@mfi.net

Enclosures

Below is the image of Clerk David R. Ellspermann, and his Confederate Currency Archives found on the Marion County Clerk of Court public website at this URL,

http://www.marioncountyclerk.org/index.cfm?Pg=historicaldocuments

Marion County Clerk of Court public website at this URL, http://www.marioncountyclerk.org/index.cfm?Pg=historicaldocuments
Marion County Clerk of Court public website at this URL, http://www.marioncountyclerk.org/index.cfm?Pg=historicaldocuments

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff

Friday Posted Jan 29, 2016 at 5:20 PM

Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High
Friday Posted Jan 29, 2016 at 5:20 PM By Joe CallahanStaff writer Three West Port High

By Joe CallahanStaff writer

Three West Port High School students who taunted classmates on Thursday by waving Confederate flags during school will be disciplined, according to Marion County School District officials.

West Port High School Principal Jayne Ellspermann said moments after the white students — two boys and a girl — began taunting, an argument ensued and one black female student threw a punch at the taunters. Within a few minutes, teachers and the school's resource officer broke up the disturbance, which at that point was almost entirely verbal.

“Poor decisions of a few of our students led to this,” said Ellspermann, adding that she was pleased with the quick response from staff to keep things from escalating.

Ellspermann, who was the nation's principal of the year in 2014, said social media after the fact is now the biggest problem.

By late Thursday night, and all day Friday, posts on Facebook have portrayed the incident as a race riot. School staff are looking into reports of related videos on

http://www.ocala.com/news/20160129/racial-incident-at-west-port-3-students-face-discipline-after-taunts-while-waving-confederate-flags

Facebook. Ellspermann said that many more students, who are

Facebook.

Ellspermann said that many more students, who are escalating the situation on Facebook, will be disciplined by the time their investigation is completed.

be disciplined by the time their investigation is completed. Some people may argue that the students

Some people may argue that the students have freedom of speech when it comes to Facebook postings, or even for waving the Confederate flags. The district says that is not the case if those actions are causing a disruption at school.

For example: If an after-school Facebook post indicates that one person will do harm to another student at school, the district can act and impose a suspension because the actions could disrupt school.

Marion County Public Schools spokesman Kevin Christian said the flag-waving students' prime objective was to disrupt school. And for that, they can be disciplined.

“It was a planned, calculated incident,” Christian said. “They were trying to solicit a reaction.”

One West Port High parent, Erika Boone, has a freshman attending the school. She had heard rumors of race riots and called the Star-Banner. Once she was contacted, she said she had since found out that the situation was handled properly at West Port, but wished she would have known about it.

“They should have called all the parents,” said Boone, specifically talking about the district's automated calling system.

The Ocala Police Department issued the female student who threw a punch a citation in lieu of arrest, Christian said on Friday.

Joe Callahan can be reached at 867-4113 or at joe.callahan@starbanner.com.

Follow him on Twitter @JoeOcalaNews.

Neil Gillespie

Page 1 of 5

From:

"Neil Gillespie" <neilgillespie@mfi.net>

To:

"Lake, Steven - Board Attorney" <Steven.Lake@marion.k12.fl.us>

Cc:

"Harkness, John F" <jharkness@floridabar.org>; "Relations, Public"

Sent:

<Public.Relations@marion.k12.fl.us>; "Boston-Ellis, Theresa - Deputy Superintendent, Operations" <Theresa.Boston-Ellis@marion.k12.fl.us>; "Bundrick, Paula - Executive Assistant Superintendent Office" <Paula.Bundrick@marion.k12.fl.us>; "Krysalka, Lisa - Deputy Superintendent" <Lisa.Krysalka@marion.k12.fl.us>; "King, Kelly - School Board" <Kelly.King@marion.k12.fl.us>; "Boynton, Angelia - School Board" <Angelia.Boynton@marion.k12.fl.us>; "James, Bobby - School Board" <Bobby.James@marion.k12.fl.us>; "Ely, Carol - School Board" <Carol.Ely@marion.k12.fl.us>; "Stacy, Nancy - School Board" <Nancy.Stacy@marion.k12.fl.us>; "Christian, Kevin - Public Relations" <Kevin.Christian@marion.k12.fl.us>; "Eason, Jill - Public Relations" <Jill.Eason@marion.k12.fl.us> Monday, September 19, 2016 2:11 PM

Attach:

Racial incident at West Port_ 3 students face discipline after taunts while waving Confederate flags

Subject:

MARK-UP.pdf Re: Amended Response to 9/14/16 Florida Public Records Request

Steven Eleazer Lake Legal Department The School Board of Marion County, Florida 512 SE 3rd St Ocala, FL 34471-2212 Email: Steven.Lake@marion.k12.fl.us

Cc: John F. Harkness, Executive Director The Florida Bar.

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

Dear Mr. Lake:

In response to your email, this is a clear description of the records I am seeking: Provide a copy of the investigation mentioned in the attached Ocala Star-Banner news article. I highlighted the paragraph for you.

"Ellspermann said that many more students, who are escalating the situation on Facebook, will be disciplined by the time their investigation is completed."

Provide all records of the investigation, and any conclusion, report or recomondation.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Email: neilgillespie@mfi.net

----- Original Message -----

From: Lake, Steven - Board Attorney To: Neil Gillespie

Cc: Harkness, John F ;

Paula - Executive Assistant Superintendent Office ;

Relations, Public ; Boston-Ellis, Theresa - Deputy Superintendent, Operations ; Bundrick,

Krysalka, Lisa - Deputy Superintendent

; King, Kelly - School

Page 2 of 5

Board ;

Boynton, Angelia

- School Board ;

James, Bobby

- School Board ;

Ely, Carol - School Board ;

Stacy,

Nancy

- School Board ;

Christian, Kevin - Public Relations ;

Eason, Jill - Public Relations

Sent: Friday, September 16, 2016 11:47 AM Subject: Amended Response to 9/14/16 Florida Public Records Request

Mr. Gillespie, This email amends the School District’s original response to your Florida Public Records Act (Chapter 119) request sent this morning. The Florida Public Records Act entitles you to inspect and copy "public records," including all documents, maps, tapes, photographs, films, sound recordings, data processing software, or other material, made or received pursuant to law or in connection with the official business of the School District. The law requires you to communicate a clear description of the records that you are seeking. Your original request did not appear to communicate a clear description of the records that you are seeking. However, in the interest of assisting you and to ensure full compliance with the law, the School District will conduct a further investigation into whether it can locate any “public records” which may be related to the Ocala Star-Banner article dated January 29, 2016, titled "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." The Florida Public Records Act does not compel agencies to respond to requests within a specific time limit, but courts have held that an agency is required to respond within a "reasonable" time to locate the records and redact exempt portions. The School District shall contact you when its investigation and review process is complete. Thank you for your patience and understanding while the School District investigates your request.

Steven E. Lake

Attorney for The School Board of Marion County, Florida 512 S.E. 3 rd Street Ocala, Florida 34471

352.867.2176

Steven.Lake@marion.k12.fl.us

E-mail messages made or received by public agency employees in connection with official business are public records under the Public Records Act of the State of Florida and, absent specific exemption, subject to full disclosure. E-mail addresses are also public records under the Public Records Act. If you do not want your e-mail address released in response to a public records request, communicate with this public agency employee by telephone or in writing. This e-mail is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure. If the reader of this e-mail is not the intended recipient (or the employee or agent responsible for delivering the message to the intended recipient), you are notified that any dissemination, distribution and/or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender promptly by reply e-mail, delete this e-mail, and destroy any printed copies.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Friday, September 16, 2016 10:38 AM

To: Relations, Public <Public.Relations@marion.k12.fl.us>; Boston-Ellis, Theresa - Deputy

Superintendent, Operations <Theresa.Boston-Ellis@marion.k12.fl.us>; Bundrick, Paula -

Executive Assistant Superintendent Office <Paula.Bundrick@marion.k12.fl.us>; Krysalka, Lisa

- Deputy Superintendent <Lisa.Krysalka@marion.k12.fl.us>; King, Kelly - School Board

<Kelly.King@marion.k12.fl.us>; Boynton, Angelia - School Board

<Angelia.Boynton@marion.k12.fl.us>; James, Bobby - School Board

<Bobby.James@marion.k12.fl.us>; Ely, Carol - School Board <Carol.Ely@marion.k12.fl.us>;

Lake, Steven - Board Attorney <Steven.Lake@marion.k12.fl.us>; Stacy, Nancy - School Board

<Nancy.Stacy@marion.k12.fl.us>

Cc: Harkness, John F <jharkness@floridabar.org>; Neil Gillespie <neilgillespie@mfi.net>

Subject: Re: PUBLIC RECORDS REQUEST to Steven Eleazer Lake Legal Department The School

Page 3 of 5

Board of Marion County, Florida

Steven Eleazer Lake Legal Department The School Board of Marion County, Florida 512 SE 3rd St Ocala, FL 34471-2212 Email: Steven.Lake@marion.k12.fl.us Cc: John F. Harkness, Executive Director The Florida Bar.

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

Dear Mr. Lake:

Below is the email response of "no records" from Jill Eason-Assistant Public Relations, who identified you as the "legal department". This is the body of my records request:

"This is a request for public records for the racial incident at West Port High School described in the Ocala Star-Banner January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." A PDF copy of the story is attached."

"The Ocala Star-Banner quoted District Spokesman Kevin Christian "It was a planned, calculated incident" and "They were trying to solicit a reaction". In addition, provide records for canceled school days, and/or students kept home fearing a race riot. Thank you."

Apparently you are the person who advised the School Board of Marion County, Florida that there are no responsive records. Seems to me The School Board of Marion County, Florida ought to have records of a race riot at West Port - or whatever term you choose to use. In other words, it's the hate crime by white students against a black student. It's the hate crime of waiving a confederate flag in the face of an African-American student. It's the confederate flag issue at West Port.

By the way, Jill Eason ought to study Chapter 119. Her gibberish interpretation is wrong.

Attached is a PDF of Chapter 119 - and The Florida Bar Candor Packet.

This is my final attempt to get records prior to filing a bar complaint against you, and taking other legal action.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Email: neilgillespie@mfi.net

----- Original Message ----- From: Relations, Public To: Neil Gillespie Sent: Friday, September 16, 2016 9:39 AM Subject: RE: PUBLIC RECORDS REQUEST

Dear Mr. Gillespie:

Page 4 of 5

I have received and reviewed your September 14, 2016, “Public Records” request which you emailed to the Public Relations Department. Marion County Public Schools (MCPS) will respond based on the plain meaning of your requests, and will make no effort to edit or interpret your requests. RESPONSES TO REQUEST FOR INSPECTION

Request 1:

“This is a request for public records for the racial incident at West Port High School described in the Ocala Star-Banner January 29, 2016, “Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags.” A PDF copy of the story is attached. The Ocala Star-Banner quoted District Spokesman Kevin Christian “It was a planned, calculated incident” and “They were trying to solicit a reaction.”

Response to 1:

MCPS does not have public records responsive to your request. Request 2:

“In addition, provide records for canceled school days, and/or students kept home fearing a race riot.”

Response to 2:

MCPS does not have public records responsive to your request. Sincerely,

Jill Eason-Assistant Public Relations Marion County Public Schools 352 671-7555

Public Relations Marion County Public Schools 352 671-7555 “If opportunity doesn’t knock, build a door ”—

“If opportunity doesn’t knock, build a door”—Milton Berle

From: Neil Gillespie [mailto:neilgillespie@mfi.net] Sent: Wednesday, September 14, 2016 12:27 AM To: Relations, Public <Public.Relations@marion.k12.fl.us> Cc: Neil Gillespie <neilgillespie@mfi.net> Subject: PUBLIC RECORDS REQUEST

Public Relations Office Public Records Request Email: public.relations@marion.k12.fl.us Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

This is a request for public records for the racial incident at West Port High School described in the Ocala Star-Banner January 29, 2016, "Racial incident at West Port: 3 students face discipline after taunts while waiving Confederate flags." A PDF copy of the story is attached.

The Ocala Star-Banner quoted District Spokesman Kevin Christian "It was a planned, calculated

Page 5 of 5

 

incident" and "They were trying to solicit a reaction". In addition, provide records for canceled school days, and/or students kept home fearing a race riot. Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Email: neilgillespie@mfi.net

[Florida has a very broad Public Records Law. All correspondence sent to or from this entity is subject to the Public Records Law of Florida. Email communication may be subject to public and media disclosure upon request. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.]

~An Equal Opportunity School District~

[Florida has a very broad Public Records Law. All correspondence sent to or from this entity is subject to the Public Records Law of Florida. Email communication may be subject to public and media disclosure upon request. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.]

~An Equal Opportunity School District~

Text of email response from Kevin Christian Monday, September 19, 2016

Mr. Gillespie, thank you for your follow-up response. As Mr. Lake previously shared, Florida State Statute 119.07 dictates requests for public records shall be permitted “at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.” In our district, we strive to provide records as quickly as possible, normally 3-5 business days after the request is received, depending on the scope and depth of the request. I’m sorry you feel we did not respond your request quickly.

If your request stands without clarification, Marion County Public Schools has no records that meet your requests. You request is vague at best and requires clarity. However, in the interest of the event you reference and in the spirit of cooperation, particular to your Request 1, any records that do exist are student discipline records exempted by Florida State Statutes 119, 1002.221 and FERPA due to student privacy. Particular to your Request 2, there were no “canceled school days,” and student attendance reports are not categorized by reason of absence.

If you wish to clarify your requests, we are happy to accommodate and meet them as allowed under current law. Many thanks.

Kevin Kevin Christian, APR, CPRC Public Relations Officer / Coordinator of Multimedia Productions Marion County Public Schools P: 352.671.7555 F: 352.671.7735 http://www.marionschools.net/

http://www.floridabar.org/divexe/rrtfb.nsf/FV/0B6C8E5CDCA464D685257172004B0FBD

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A

ABOUT THE BAR

NEWS & EVENTS

FOR THE PUBLIC

MEMBER SERVICES

LOG IN

FIND A LAWYER

Search The Florida Bar

THE FLORIDA BAR

/

Rules

RULE 4-8.4 MISCONDUCT

4 RULES OF PROFESSIONAL CONDUCT 4-8 MAINTAINING THE INTEGRITY OF THE PROFESSION

RULE 4-8.4 MISCONDUCT

The Florida Bar

www.floridabar.org

A lawyer shall not:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through

the acts of another;

(b)

commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;

(c)

engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it shall not be professional misconduct

for a lawyer for a criminal law enforcement agency or regulatory agency to advise others about or to supervise another in an undercover investigation, unless prohibited by law or rule, and it shall not be professional misconduct for a lawyer employed in a capacity other than as a lawyer by a criminal law enforcement agency or regulatory agency to participate in an undercover

investigation, unless prohibited by law or rule;

(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to

knowingly, or through callous indifference, disparage, humiliate, or discriminate against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the

Rules of Professional Conduct or other law;

(f)

knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law;

(g)

fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules,

when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made:

(1) within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of

governors;

(2) within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of

governors;

(3) within the time stated in any subpoena issued under these Rules Regulating The Florida Bar (without additional time

allowed for mailing);

(4) as provided in the Florida Rules of Civil Procedure or order of the referee in matters assigned to a referee; and

(5) as provided in the Florida Rules of Appellate Procedure or order of the Supreme Court of Florida for matters pending action

by that court.

Except as stated otherwise herein or in the applicable rules, all times for response shall be calculated as provided elsewhere in these

http://www.floridabar.org/divexe/rrtfb.nsf/FV/0B6C8E5CDCA464D685257172004B0FBD

Rules Regulating The Florida Bar and may be extended or shortened by bar counsel or the disciplinary agency making the official inquiry upon good cause shown.

Failure to respond to an official inquiry with no good cause shown may be a matter of contempt and processed in accordance with rule 3-7.11(f) of these Rules Regulating The Florida Bar.

(h) willfully refuse, as determined by a court of competent jurisdiction, to timely pay a child support obligation; or

(i) engage in sexual conduct with a client or a representative of a client that exploits or adversely affects the interests of the client or the lawyer-client relationship.

If the sexual conduct commenced after the lawyer-client relationship was formed it shall be presumed that the sexual conduct

exploits or adversely affects the interests of the client or the lawyer-client relationship. A lawyer may rebut this presumption by proving by a preponderance of the evidence that the sexual conduct did not exploit or adversely affect the interests of the client or the lawyer-client relationship.

The prohibition and presumption stated in this rule do not apply to a lawyer in the same firm as another lawyer representing the client if the lawyer involved in the sexual conduct does not personally provide legal services to the client and is screened from access to the file concerning the legal representation.

Comment

Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer's behalf. Subdivision (a), however, does not prohibit a lawyer from advising a client concerning action the client is legally entitled to take, provided that the client is not used to indirectly violate the Rules of Professional Conduct.

Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return. However, some kinds of offense carry no such implication. Traditionally, the distinction was drawn in terms of offenses involving "moral turpitude." That concept can be construed to include offenses concerning some matters

of personal morality, such as adultery and comparable offenses, that have no specific connection to fitness for the practice of law.

Although a lawyer is personally answerable to the entire criminal law, a lawyer should be professionally answerable only for offenses that indicate lack of those characteristics relevant to law practice. Offenses involving violence, dishonesty, breach of trust,

or serious interference with the administration of justice are in that category. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The

provisions of rule 4-1.2(d) concerning a good faith challenge to the validity, scope, meaning, or application of the law apply to

challenges of legal regulation of the practice of law.

Subdivision (c) recognizes instances where lawyers in criminal law enforcement agencies or regulatory agencies advise others about

or supervise others in undercover investigations, and provides an exception to allow the activity without the lawyer engaging in

professional misconduct. The exception acknowledges current, acceptable practice of these agencies. Although the exception appears in this rule, it is also applicable to rules 4-4.1 and 4-4.3. However, nothing in the rule allows the lawyer to engage in such conduct if otherwise prohibited by law or rule.

Subdivision (d) of this rule proscribes conduct that is prejudicial to the administration of justice. Such proscription includes the prohibition against discriminatory conduct committed by a lawyer while performing duties in connection with the practice of law. The proscription extends to any characteristic or status that is not relevant to the proof of any legal or factual issue in dispute. Such conduct, when directed towards litigants, jurors, witnesses, court personnel, or other lawyers, whether based on race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, physical

http://www.floridabar.org/divexe/rrtfb.nsf/FV/0B6C8E5CDCA464D685257172004B0FBD

characteristic, or any other basis, subverts the administration of justice and undermines the public's confidence in our system of justice, as well as notions of equality. This subdivision does not prohibit a lawyer from representing a client as may be permitted by applicable law, such as, by way of example, representing a client accused of committing discriminatory conduct.

Lawyers holding public office assume legal responsibilities going beyond those of other citizens. A lawyer's abuse of public office can suggest an inability to fulfill the professional role of attorney. The same is true of abuse of positions of private trust such as trustee, executor, administrator, guardian, or agent and officer, director, or manager of a corporation or other organization.

A

lawyer's obligation to respond to an inquiry by a disciplinary agency is stated in subdivision (g) of this rule and subdivision (h)(2)

of

rule 3-7.6. While response is mandatory, the lawyer may deny the charges or assert any available privilege or immunity or

interpose any disability that prevents disclosure of a certain matter. A response containing a proper invocation thereof is sufficient

under the Rules Regulating The Florida Bar. This obligation is necessary to ensure the proper and efficient operation of the disciplinary system.

Subdivision (h) of this rule was added to make consistent the treatment of attorneys who fail to pay child support with the treatment

of other professionals who fail to pay child support, in accordance with the provisions of section 61.13015, Florida Statutes. That

section provides for the suspension or denial of a professional license due to delinquent child support payments after all other available remedies for the collection of child support have been exhausted. Likewise, subdivision (h) of this rule should not be used

as the primary means for collecting child support, but should be used only after all other available remedies for the collection of

child support have been exhausted. Before a grievance may be filed or a grievance procedure initiated under this subdivision, the court that entered the child support order must first make a finding of willful refusal to pay. The child support obligation at issue under this rule includes both domestic (Florida) and out-of-state (URESA) child support obligations, as well as arrearages.

Subdivision (i) proscribes exploitation of the client or the lawyer-client relationship by means of commencement of sexual conduct. The lawyer-client relationship is grounded on mutual trust. A sexual relationship that exploits that trust compromises the lawyer- client relationship. Attorneys have a duty to exercise independent professional judgment on behalf of clients. Engaging in sexual relationships with clients has the capacity to impair the exercise of that judgment.

Sexual conduct between a lawyer and client violates this rule, regardless of when the sexual conduct began when compared to the commencement of the lawyer-client relationship, if the sexual conduct exploits the lawyer-client relationship, negatively affects the client's interest, creates a conflict of interest between the lawyer and client, or negatively affects the exercise of the lawyer's independent professional judgment in representing the client.

Subdivision (i) creates a presumption that sexual conduct between a lawyer and client exploits or adversely affects the interests of the client or the lawyer-client relationship if the sexual conduct is entered into after the lawyer-client relationship begins. A lawyer charged with a violation of this rule may rebut this presumption by a preponderance of the evidence that the sexual conduct did not exploit the lawyer-client relationship, negatively affect the client's interest, create a conflict of interest between the lawyer and client, or negatively affect the exercise of the lawyer's independent professional judgment in representing the client.

For purposes of this rule, a "representative of a client" is an agent of the client who supervises, directs, or regularly consults with the organization's lawyer concerning a client matter or has authority to obligate the organization with respect to the matter, or whose act

or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability.

[Revised: 02/01/2010]

with the matter may be imputed to the organization for purposes of civil or criminal liability.

http://www.abajournal.com/news/article/aba_addresses_destabilizing_loss_of_public_confidence_in_criminal_justice_i

Retrieved on Sep 21, 2016, 1:08 pm CDT

Retrieved on Sep 21, 2016, 1:08 pm CDT Home / Daily News / ABA addresses 'destabilizing

Home / Daily News / ABA addresses 'destabilizing loss of public…

ABA

ABA addresses 'destabilizing loss of public confidence' in criminal justice in joint statement

POSTED JUL 16, 2015 10:46 AM CDT

BY DEBRA CASSENS WEISS (HTTP://WWW.ABAJOURNAL.COM/AUTHORS/4/)

DEBRA CASSENS WEISS (HTTP://WWW.ABAJOURNAL.COM/AUTHORS/4/) Image from Shutterstock The ABA and the NAACP Legal Defense

Image from Shutterstock

The ABA and the NAACP Legal Defense and Educational fund have issued a joint statement addressing the “troubling and destabilizing loss of public confidence in the American criminal justice system.”

The statement (https://www.americanbar.org/content/dam/aba/images/abanews

/aba-ldf_statement.pdf) (PDF) notes the “recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers.” While the ABA and the Fund believe that “the overwhelming percentage” of police, prosecutors and judges are not racist, “explicit bias remains a real factor in our country—and criminal justice system—and implicit or unconscious bias affects even those who may believe themselves to be fair,” the statement says.

“The American criminal justice is unquestionably at a moment of crisis,” the statement says.

Doubts about fairness are reinforced by statistics showing that about two-thirds of those incarcerated are persons of color and by U.S. Justice Department findings in its investigation of Ferguson, Missouri’s police practices, according to the statement. The Justice Department found differences in the rates at which blacks and whites were stopped, searched, cited, arrested and subjected to the use of force in Ferguson.

“The time to act is now,” the statement says. Among the recommendations:

• Lawmakers should review laws criminalizing behaviors that pose little danger to society. The criminal justice system is being used to address problems of mental health and poverty, while police are taking the place of teachers in schools that have adopted zero-tolerance policies.

• Police departments should keep data on the racial identities of people who are stopped and frisked, arrested,

ticketed and issued warnings. They should also report incidents in which serious or deadly force is used, including the race of the officers and civilians.

• Prosecutors should collect and disclose more data that will help the public better understand the extent to which racial disparities arise from prosecutorial discretion.

• Prosecutors, defense lawyers and judges should adopt employee training on implicit bias.

• Prosecutors’ offices should “move quickly, aggressively, unequivocally—and yet deliberately—to address misconduct that reflects explicit racial bias.”

• Prosecution offices and police agencies should make an effort to hire and retain lawyers and officers who live in

(http://www.shutterstock.com).

http://www.abajournal.com/news/article/aba_addresses_destabilizing_loss_of_public_confidence_in_criminal_justice_i

and reflect the communities they serve.

&•The public should have access to evidence explaining why grand juries decline to indict and why prosecutors decline to prosecute police officers involved in fatal shootings of unarmed civilians.

• Police officers should be trained how to defuse tense situations. Accountability could be promoted by greater police use of body and vehicle cameras.

• Prosecutors, judges and defense counsel must pay more attention to the collateral consequences of convictions, which can deprive defendants of opportunities for education, employment and housing.

An ABA press release is here (https://www.americanbar.org/news/abanews/aba-news-archives/2015/07/aba_naacp_legal_def.html).

“The American criminal justice system is clearly in need of reform on multiple levels,” ABA President William C. Hubbard said in the press release. “As lawyers, we have a duty and responsibility to ensure the fair administration of justice and to promote public trust in the system. The solutions are not quick or easy, but these proposals offer a tangible and potentially significant framework to make sure the system provides justice for all.”

See also:

National Law Journal (http://www.nationallawjournal.com/id=1202732496363/OpEd-Charleston-Massacre-is-Pivotal-Point-

for-Profession#ixzz3gTTtlN1K): “Op-Ed: Charleston Massacre is Pivotal Point for Profession”

Copyright 2016 American Bar Association. All rights reserved.

JOINT STATEMENT ON ELIMINATING BIAS IN THE CRIMINAL JUSTICE SYSTEM July 2015 The American Bar
JOINT STATEMENT ON ELIMINATING BIAS IN THE CRIMINAL JUSTICE SYSTEM July 2015 The American Bar

JOINT STATEMENT ON ELIMINATING BIAS IN THE CRIMINAL JUSTICE SYSTEM

July 2015

The American Bar Association and the NAACP Legal Defense and Educational Fund, Inc., have long and proud traditions of fighting for civil rights, human rights and equal justice. Although, over the years, we have celebrated much progress in these arenas, we are now confronted by a troubling and destabilizing loss of public confidence in the American criminal justice system. The growing skepticism about the integrity of the criminal justice system is driven by real and perceived evidence of racial bias among some representatives of that system. This crisis of confidence must be addressed, and the time to act is now.

While we believe that the overwhelming percentage of law enforcement officers, prosecutors and judges are not racist, explicit bias remains a real factor in our country – and criminal justice system – and implicit or unconscious bias affects even those who may believe themselves to be fair. Indeed, as Supreme Court Justice Anthony Kennedy once observed (in the 2001 case of Board of Trustees v. Garrett), prejudice may arise from not just overt “malice or hostile animus alone,” but also “insensitivity caused by simple want of careful, rational reflection or from some instinctive mechanism to guard against people who appear to be different in respects from ourselves.”

One would have to have been outside of the United States and cut off from media to be unaware of the recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers. Several of these killings, like those of Walter Scott in South Carolina, 12-year-old Tamir Rice in Ohio and Eric Garner in New York, have been captured by citizen video and viewed nationwide. More recently, the in-custody death of Freddie Gray sparked days of unrest in Baltimore, which ended only when the officers (who were of multiple races) were charged by the local prosecutor.

Given the history of implicit and explicit racial bias and discrimination in this country, there has long been a strained relationship between the African-American community and law enforcement. But with video cameras and extensive news coverage bringing images and stories of violent encounters between (mostly white) law enforcement officers and (almost exclusively African-American and Latino) unarmed individuals into American homes, it is not surprising that the absence of criminal charges in many of these cases has caused so many people to doubt the ability of the criminal justice system to treat individuals fairly, impartially and without regard to their race.

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

That impression is reinforced by the statistics on race in our criminal justice system. With approximately 5 percent of the world’s population, the United States has approximately 25 percent of the world’s jail and prison population. Some two-thirds of those incarcerated are persons of color. While crime rates may vary by neighborhood and class, it is difficult to believe that racial disparities in arrest, prosecution, conviction and incarceration rates are unaffected by attitudes and biases regarding race.

And, to the extent that doubts remain, the U.S. Department of Justice’s recent investigation of law enforcement practices in Ferguson, Missouri, should put them to rest. In Ferguson, the Justice Department found that the dramatically different rates at which African-American and white individuals in Ferguson were stopped, searched, cited, arrested and subjected to the use of force could not be explained by chance or differences in the rates at which African-American and white individuals violated the law. These disparities can be explained at least in part by taking into account racial bias.

Given these realities, it is not only time for a careful look at what caused the current crisis, but also time to initiate an affirmative effort to eradicate implied or perceived racial bias – in all of its forms – from the criminal justice system.

As lawyers, we have a very special role to play. As the Preamble to the American Bar Association Model Rules of Professional Conduct states,

As a public citizen, a lawyer should seek improvement of the law, access

to the legal system, the administration of justice and the quality of service

rendered by the legal

the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.

In addition, a lawyer should further

What must we do? The answer lies in making both macro and micro changes in our criminal justice system.

At the macro level, Congress and state legislatures must look at the vast array of laws that criminalize behaviors that pose little, if any, danger to society. We have over- criminalized conduct throughout the United States and have come inappropriately to rely on the criminal justice system to address problems of mental health and poverty. We have adopted unnecessary zero-tolerance policies in schools that inappropriately require police officers to take the place of teachers and principals and become behavioral judges. We need fewer criminal laws, and fewer circumstances in which police, prosecutors and judges are called upon to deal with social, as opposed to criminal, issues.

Overcriminalization is such a significant problem that virtually every careful observer of criminal justice in America, conservative or liberal, recognizes it. This consensus presents a unique opportunity to unflinchingly confront the need to improve our justice system.

2

July 2015

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

Decriminalization is, however, not a short-term solution to the current crisis of confidence. Every day, law enforcement officers, prosecutors and judges are making discretionary decisions in a country where, literally, any person could be arrested for something if government officials focused sufficient time and energy on him or her.

We must therefore take immediate action at the micro level to begin the process of rebuilding trust and confidence in the criminal justice system and fulfilling the promise of equal justice.

Prosecutors play an important and vital role within the criminal justice system and should be leaders in this effort. We have begun what we anticipate will be a series of conversations focused on identifying ways in which prosecutors can play a more powerful role in addressing the problem of racial bias our justice system. Our organizations arranged an off-the-record discussion that included prosecutors and other participants in the criminal justice system committed to equal justice. We emerged from our discussion with a commitment to advancing the reforms listed below. We regard these reforms as necessary investments that are essential to strengthening public confidence in the rule of law and the legitimacy of our justice system.

1. We need better data on the variety of interactions between law enforcement

and citizens. Earlier this year FBI Director James Comey – himself a former federal prosecutor – acknowledged that gathering better and more reliable data about encounters between the police and citizens is “the first step to understanding what is really going on in our communities and our country.” Data related to violent encounters is particularly important. As Director Comey remarked, “It’s ridiculous that I can’t know how many people were shot by police.” Police departments should be encouraged to make and keep reports on the racial identities of individuals stopped and frisked, arrested, ticketed or warned for automobile and other infractions. Police departments should report incidents in which serious or deadly force is used by officers and include the race of the officer(s) and that of the civilian(s). This will certainly require investment of funds, but that investment is key to a better future. We cannot understand what we cannot measure, and we cannot change what we cannot understand.

2. Prosecutors should collect and publicly disclose more data about their work that can enable the public to obtain a better understanding of the extent to which racial disparities arise from the exercise of prosecutorial discretion. While this data collection will also require investment of funds, it is essential to achieving the goal of eliminating racial bias in the criminal justice system.

3. Prosecutors and police should seek assistance from organizations with expertise in conducting objective analyses to identify and localize unexplained racial disparities. These and similar organizations can provide evidence-based analyses and propose protocols to address any identified racial disparities.

3

July 2015

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

4. Prosecutors’ offices, defense counsel and judges should seek expert assistance to

implement training on implicit bias for their employees. An understanding of the science of implicit bias will pave the way for law enforcement officers, prosecutors and judges to address it in their individual work. There should also be post-training evaluations to

determine the effectiveness of the training.

5. Prosecutors’ offices must move quickly, aggressively, unequivocally – and yet

deliberately – to address misconduct that reflects explicit racial bias. We must make clear

that such conduct is fundamentally incompatible with our shared values and that it has an outsized impact on the public’s perception of the fairness of the system.

6. Prosecutors’ offices and law enforcement agencies should make efforts to hire and

retain lawyers and officers who live in and reflect the communities they serve. Prosecutors

and police should be encouraged to engage with the community by participating in community forums, civic group meetings and neighborhood events. Prosecutors’ offices should build relationships with African-American and minority communities to improve their understanding about how and why these communities may view events differently from prosecutors.

7. There should be a dialogue among all the stakeholders in each jurisdiction about

race and how it affects criminal justice decision-making. In 2004, the ABA Justice Kennedy Commission recommended the formation of Racial Justice Task Forces – which would consist of representatives of the judiciary, law enforcement and prosecutors, defenders and defense counsel, probation and parole officers and community organizations – to examine the racial impact that policing priorities and prosecutorial and judicial decisions might produce and whether alternative approaches that do not produce racial disparities might be implemented without compromising public safety. There is little cost associated with the assembly of such task forces, and they can develop solutions that could be applicable to a variety of jurisdictions provided that the various stakeholders are willing to do the hard work of talking honestly and candidly about race.

8. As surprising as it might seem, many people do not understand what prosecutors

do. Hence, prosecutors’ offices, with the help of local and state bar associations, should seek out opportunities to explain their function and the kinds of decisions they are routinely called upon to make. Local and state bar associations and other community organizations should help to educate the public that the decision not to prosecute is often as important as the decision to prosecute; that prosecutors today should not to be judged solely by conviction rates but, instead, by the fairness and judgment reflected in their

decisions and by their success in making communities safer for all their members; and that some of the most innovative alternatives to traditional prosecution and punishment – like diversion and re-entry programs, drug and veteran courts and drug treatment – have been instigated, developed and supported by prosecutors.

9. To ensure accountability, the public should have access to evidence explaining

why grand juries issued “no true bills” and why prosecutors declined to prosecute police

4

July 2015

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

officers involved in fatal shootings of unarmed civilians. The release of grand jury evidence, as in Ferguson, is one way to promote the needed accountability.

10. Accountability can also be promoted by greater use of body and vehicle cameras

to create an actual record of police-citizen encounters. With the proliferation of powerful firearms in our communities, law enforcement departments reasonably seek equipment that enable them to protect themselves and their communities when called upon to confront armed and dangerous individuals seeking to engage in criminal or terrorist acts.

However, while it is appropriate to arm our police and train them in the use of ever-more powerful weapons, it is equally important to train our law enforcement officers in techniques designed to de-escalate tense situations, make accurate judgments about when use of force is essential and properly determine the appropriate amount of force required in each situation.

11. We must recognize that not every lawyer has the judgment and personal

qualities to be a successful prosecutor, administer justice and be willing to acknowledge the possibility of implicit bias. Prosecutors who routinely engage in conduct or make decisions that call into question the fairness or integrity of their offices should be removed from office if they cannot be trained to meet the high standards expected of public officers. At the same time, the terms “prosecutorial misconduct” and “police misconduct” should be used with greater care. Even the best prosecutors will make mistakes, much like the best defense lawyers and judges do. There is good reason to limit the characterization of “misconduct” to intentional acts that violate legal or ethical rules.

12. Prosecutors, judges and defense counsel must pay more attention to the

collateral consequences of convictions. In many jurisdictions, after an individual is convicted of an offense and completes his or her sentence (by serving time, paying a fine or completing probation or parole), the individual nevertheless faces a life sentence of disqualification and deprivation of educational, employment, housing and other opportunities. This runs counter to the interests we all share in rehabilitation of the offender and positive re-integration into and engagement with the communities in which they live. In many cases, prosecutions can be structured to limit some of the most pernicious of these consequences, provided that the lawyers and the courts take the time and care to examine alternative disposition options. Prosecutors, judges and defense counsel should join together to urge legislatures and administrative agencies to reconsider the laws and regulations that impose these collateral consequences and determine whether they can be modified to provide more opportunities for former offenders without compromising public safety.

The American criminal justice is unquestionably at a moment of crisis. But there are many steps we, as members of the bar, can and should take quickly to begin to turn the ship of justice around and ensure that the system delivers the blind justice that it promises. If we commit ourselves to confronting and eliminating the racial biases that now exist, we can restore the much-needed public confidence in our criminal justice system. As Supreme Court Justice Thurgood Marshall once exhorted in accepting the Liberty Medal Award in

5

July 2015

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

1992, “America can do better.” Indeed, “America has no choice but to do better.”

Both the American Bar Association and the Legal Defense Fund will continue to convene meetings with prosecutors and other law enforcement groups to support the reforms we have identified. We also will work to support and advance a robust dialogue among prosecutors and leaders in the profession about how best to eliminate racial bias from our justice system.

William C. Hubbard, President, American Bar Association

Sherrilyn Ifill President and Director-Counsel, NAACP Legal Defense and Educational Fund, Inc.

The following individuals participated in the discussion that led to this joint statement:

Sidney Butcher Assistant State’s Attorney, Baltimore City State's Attorney's Office

John Chisholm District Attorney, Milwaukee County

Kay Chopard Cohen Executive Director, National District Attorneys Association

Angela Davis Professor of Law, American University Washington College of Law

Mathias H. Heck Prosecuting Attorney, Montgomery County, OH

Belinda Hill First Assistant District Attorney, Harris County, TX

David F. Levi Dean, Duke University School of Law

Myles Lynk Professor of Law, Arizona State University College of Law

Wayne McKenzie General Counsel, New York City Department of Probation

John Pfaff Professor of Law, Fordham University

6

July 2015

Matthew Frank Redle County and Prosecuting Attorney, Sheridan, WY

ABA-LDF Joint Statement on Eliminating Bias in the Criminal Justice System

Stephen A. Saltzburg Professor of Law, George Washington University Law School

Cyrus Vance, Jr. District Attorney of New York County

7

July 2015

http://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/z1/jY_LDoIwFEQ_qdMKLSyvBkmLWOMDoRvTFWmi6ML4_ZLGjQvQ

Ethics

Rules

Professionalism

Log In

Follow Us

Ethics Rules Professionalism Log In Follow Us ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC
Ethics Rules Professionalism Log In Follow Us ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC

ABOUT THE BAR

NEWS & EVENTS

FOR THE PUBLIC

MEMBER SERVICES

LOG IN

FIND A LAWYER

Search The Florida Bar

THE FLORIDA BAR

/

Find A Lawyer

/

Profile

Steven Eleazer Lake

Member in Good Standing

Eligible to Practice Law in Florida

Bar Number:

54250

Bar Number: 54250

Mail Address:

The School Board of Marion County, Fla. The School Board of Marion County, Florida 512 SE 3rd St Ocala, FL 34471-2212 United States Office: 352-867-2176 Fax: 352-867-2180

Email:

Steven.Lake@marion.k12.fl.us

Personal Bar URL:

www.floridabar.org/mybarprofile/54250

vCard:

vCard:

County:

Marion

Circuit:

5

Admitted:

07/17/2008

10-Year Discipline

None

History:

Law School:

California Western School of Law, 1987

Sections:

Administrative Law

Government Lawyer

Federal Courts:

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court, District of Massachusetts

U.S. District Court, Eastern District of California

U.S. District Court, Middle District of Florida

U.S. District Court, Southern District of California

U.S. District Court, Southern District of Florida

State Courts:

California

Florida

Massachusetts

Firm:

The School Board of Marion County, Fla.

Firm Size:

One

Firm Position:

Government attorney

Firm Website:

www.marion.k12.fl.us

http://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/z1/jY_LDoIwFEQ_qdMKLSyvBkmLWOMDoRvTFWmi6ML4_ZLGjQvQ

About the Bar News, Events & Publications For the Public Member Services Directories Research &
About the Bar
News, Events &
Publications
For the Public
Member Services
Directories
Research &
Professionalism
President's Page
Attorney Discipline
Continuing Legal Education
Lawyers
Daily News Summary
Ethics Opinions
Board of Governors
Consumer Information
Board Certification
Authorized House Counsel
The Florida Bar News
Rules Regulating the Bar
Committees
Speakers Bureau
Benefits and Discounts
Certified Foreign Legal
The Florida Bar Journal
Consultants
Fastcase Legal Research
Sections & Divisions
Courts
Employment Opportunities
News Releases
Law Faculty Affiliates
PRI - Practice Resource Institute
What We Do
The Vote's in Your Court
Lawyers Advising Lawyers
Calendars
Florida Registered Paralegals
Henry Latimer Center for
Past Presidents
Fair & Impartial Courts
Florida Lawyers Assistance
Professionalism
Meetings
Section Membership
Frequently Asked Questions
Clients' Security Fund
E-filing Resources
Media Resources
Board Certified Lawyers
History
Prepaid Legal Services
Practice Resource Institute
Reporter's Handbook
Florida Bar Staff
Strategic Plan & Research
Pro Bono/Legal Aid
Pro Bono Information
Issue Papers
Courts and Judges
Working at the Bar
Unlicensed Practice of Law
Legislative Activity
Publications
Legal Groups and Law Schools
Contact Us
Lawyer Referral Service
Lawyer Referral Service
Judicial Nominating Commission
Diversity
Voluntary Bar Center
Leadership Academy

The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorne ys the opportunity to provide for public information certain expanded personal and professional data. It is the attorney's responsibility to routinely review and update those expanded listings. The information contained in those expanded listings is presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of that additional data. Publication of attorneys' contact information within this listing should not be construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.

uses of this data may result in civil or criminal penalties. The Find a Lawyer directory