Notice of Prosecutorial Misconduct Case 2022-Cf-1143

Filing # 178008132 E-Filed 07/21/2023 09:34:27 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR MARION COUNTY
THE STATE OF FLORIDA,

CASE NO. 2022-CF-1143
vs.
NEIL JOSEPH GILLESPIE

________________________________/
DEFENDANT’S NOTICE OF PROSECUTORIAL MISCONDUCT
Defendant NEIL JOSEPH GILLESPIE, a nonlawyer reluctantly appearing pro se,
hereby gives Notice of Prosecutorial Misconduct, and states:
1. On March 26, 2022 the Defendant, NEIL JOSEPH GILLESPIE, was arrested in the
Marion County Jail, 3290 NW 10th Street, Ocala, FL 34475, on a charge of Battery by a Person
Detained in Prison or Jail Facility, on a probable cause affidavit by Corporal Nathan McClain,
ID #5212, Report Number MCSO55ARR71609S, Case/Cad Number MCSO22OFF005832.
2. In prosecuting this case, WILLIAM M. GLADSON, State Attorney for the Fifth Judicial
Circuit of the State of Florida, in and for Marion County, and certain Assistant State Attorneys,
violated the civil rights of the Defendant, NEIL JOSEPH GILLESPIE, including his right to due
process under the Fifth Amendment to the U.S. Constitution, failed to provide Brady information
in this case, violated the Special Responsibilities of a Prosecutor, R. Regul. FL. Bar 4-3.8, and
violated the Special Responsibilities of a Prosecutor, Rule 3.8, Model Rules of Professional
Conduct of the American Bar Association. Furthermore, there is evidence showing the
Defendant’s court appointed counsel D. Gary Lashley, Jr., failed to provide zealous and
competent representation, and that the State Attorney’s Office and the Court cooperated with
Lashley in denying the Defendant his right to counsel under the U.S. Six Amendment.
DEFENDANT’S NOTICE OF PROSECUTORIAL MISCONDUCT - Case No. 2022-CF-1134
3. Separately and in addition, the Defendant, NEIL JOSEPH GILLESPIE was held in the
Marion County Jail from May 12, 2021 through April 7, 2022, a total of 332 on no bond, in a
detention facility with a fatally flawed Artificial Intelligence (AI) security system identified as
innoVi by Agent Vi, Comprehensive AI-Powered Video Analytics, where he was at risk of
injury and death by certain mentally ill inmates, including one well-known to the jail and to the
State Attorney’s Office, PRINESS REMYRE-ANTONIO FIELDS, who was misclassified and
housed with elderly and physically disabled inmates, instead of being housed in the jail’s psych
ward. The jail also failed to adequately investigate violations of PREA, the Prison Rape
Elimination Act, and failed to adequately investigate misconduct by Detention Deputies
employed by Marion County Sheriff Billy Woods, the person with custody of the Defendant in
the jail.
4. On April 7, 2022, during a ROR bond hearing, the Court (Circuit Judge Peter Brigham)
appointed D. Gary Lashley Jr., Florida Bar No. 86786, to represent the Defendant.
Transcript, April 7, 2022, ROR bond hearing, page 21, beginning at line 7:
7 THE COURT: Okay, all right. Here’s what I’m going

8 to do. I’m going to enter an order, Mr. Lashley, unless
9 you object, appointing you in the 2020-CF-1143, and cut
10 through the whole conflict problem. Will you have a
11 problem being compensated if I do that?
12 MR. LASHLEY: No problem, Your Honor.
13 THE COURT: Okay, all right. I’m going to appoint
14 Mr. Lashley on the fourth case, as well, --
15 THE DEFENDANT: All right.
16 THE COURT: -- so you’ll have one attorney handling
17 all four of your cases.
5. The four cases cited by the Court on April 7, 2022 were: 2019-CF-4193, 2020-CF-2417,
2021-CF-286, and 2022-CF-1143. Mr. Lashley did not enter a Notice of Appearance in case
2022-CF-1143 until May 4, 2022. ASA Mark Simpson represented the State at the hearing.
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6. The alleged victim in case 2020-CF-2417, Sarah M. Thompson, Inmate ID #A0223902,
died May 12, 2021 of a drug overdose in the hotel room of convicted drug trafficker Matthew
Paul Smith, Inmate ID #A0258774. Sarah’s death occurred two days after the Defendant entered
the jail on May 10, 2021, following his extradition from Pennsylvania where he underwent eye
surgery. Upon his release from the jail ROR on April 7, 2022 the Defendant learned from
Sarah’s sister, Johanna Thondike, Inmate ID A0250743, that Sarah died a year earlier. The
Defendant provided a Certification of Death for Sarah M. Thompson to the State Attorney’s
Office resulting in a nolle prosequi in case 2020-CF-2417 on April 28, 2022. The jail knew
Sarah died May 12, 2021 and informed her sister Johanna Thondike who was being held in the
jail on May 12, 2021.
7. On April 21, 2022, WILLIAM M. GLADSON, State Attorney for the Fifth Judicial
Circuit of the State of Florida, in and for Marion County prosecuting for the State of Florida, by
and through Assistant State Attorney, MARK D SIMPSON, Florida Bar No. 0889636, in the
said County, under oath, charged the Defendant, NEIL JOSEPH GILLESPIE, by Information,
with COUNT I: BATTERY BY A DETAINED PERSON (F3), 784.082(3) and 784.03, in the
County of Marion, and the State of Florida.
8. Assistant State Attorney, MARK D SIMPSON, swore under oath on April 21, 2022, that
NEIL JOSEPH GILLESPIE on or about March 23, 2022, did, while lawfully detained in a
prison, jail or other detention facility, to-wit: Marion County Jail, commit battery upon
PRINESS REMYRE-ANTONIO FIELDS by intentionally touching or striking PRINESS
REMYRE-ANTONIO FIELDS against his will, or by intentionally causing bodily harm, in
violation of Florida Statutes 784.082(3) and 784.03.
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9. Assistant State Attorney, MARK D SIMPSON, swore under oath on April 21, 2022 that
the allegations as set forth in the information are based upon facts that have been sworn to as
true, and which if true, would constitute the offense therein charged, and that the prosecution is
instituted in good faith and subscribed under oath, certifying he has received testimony under
oath from the material witness or witnesses of the offense.
10. On April 21, 2022, Assistant State Attorney MARK D SIMPSON filed STATE'S
DISCOVERY EXHIBIT showing the following witnesses:
PRINESS REMYRE-ANTONIO FIELDS (no address provided)
TOMMY FRYE, MARION COUNTY SHERIFF’S OFFICE

692 NW 30TH AVE OCALA, FL 34474
BRYTNEE LOLLI, HEART OF FLORIDA (MCJ)

NATHAN MCLAIN, MARION COUNTY SHERIFF’S OFFICE

11. Furthermore, on April 21, 2022, Assistant State Attorney MARK D SIMPSON included
the DEFENDANT’S STATEMENTS to the STATE'S DISCOVERY EXHIBIT as follows:
Substance of oral statements of the defendant; Defendant makes statements to LEO that
the victim had threatened him on 2 dates previously and the victim had threatened him
with his cane. Defendant stated that he saw the victim sealing trays and that someone
should kill him. Defendant’s statement that various officers had failed to help him with
this. [No co-defendant(s)]
12. In addition, on April 21, 2022, Assistant State Attorney MARK D SIMPSON included
a statement in the State’s Discovery Exhibit: BRADY EVIDENCE: NONE.
13. On April 21, 2022, Assistant State Attorney MARK D SIMPSON failed to serve the
STATE'S DISCOVERY EXHIBIT on the Defendant’s attorney, D. Gary Lashley Jr., Esq.
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14. On April 24, 2022, an ARRAIGNMENT was scheduled at 9:00 AM, Judge LISA
HERNDON presiding. The Defendant’s appointed counsel, Mr. Lashley, failed to advise him of
the Arraignment, and failed to appear before Judge Herndon to represent the Defendant.
15. As a result of Mr. Lashley’s failure to appear, the Defendant was not present and his
ROR bond was forfeited/estreated. A bench warrant was entered to arrest the Defendant.
16. A docket entry on May 4, 2022 shows “BENCH WARRANT RECALLED”.
17. On April 28, 2022, Assistant State Attorney MARK D SIMPSON filed
SUPPLIMENTAL DISCOVERY EXHIBIT #1 showing the following in part:
NAMES AND ADDRESSES

FIELDS, PRINESS REMYRE -ANTONIO (A)
3290 NW 10TH ST OCALA, FL 34475
** Address Change **
18. On April 28, 2022, Assistant State Attorney MARK D SIMPSON included
a statement in the Supplemental Discovery Exhibit #1: BRADY EVIDENCE: NONE.
19. On April 28, 2022, Assistant State Attorney MARK D SIMPSON failed to serve the
SUPPLIMENTAL DISCOVERY EXHIBIT #1 on the Defendant’s attorney, D. Gary Lashley Jr.
20. On May 4, 2022, D. GARY LASHLEY JR, ESQ., entered his Notice of Appearance on
behalf of the Defendant, NEIL JOSEPH GILLESPIE, a Written Plea of Not Guilty, a Waiver of
Arraignment, a Demand for Discovery, a Demand for Jury Trial, and a Request for Information,
served May 4, 2022 to the Office of the State Attorney and to the Clerk of the Court (DOC 38),
and requested a copy of the charging document served upon him at:
D. Gary Dashley Jr., Esq.

Florida Bar No. 86786
'The Lashley Law Firm, PLLC
200 E. Robinson St. Ste 1140
Orlando, FL 32801
Telephone No.: (407) 401-8255
Eservice: gary@lashleylaw.com
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Attorney for Defendant,

NEIL JOSEPH GILLESPIE
21. On May 4, 2022, the Defendant, by and through counsel, D. Gary Lashley Jr., Florida
Bar No. 86786, moved the Court for an Order directing the Government to make inquiry and
disclose all impeaching information and evidence favorable to the Defendant which is within the
possession, custody or control of the State Attorney's Office, or any other prosecutorial or law
enforcement agency personnel, the existence of which is known, by the attorney for the
Government or any member of the prosecutorial team, including information pursuant to Brady
v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), see DOC 39:
MOTION FOR DISCLOSURE OF IMPEACHING INFORMATION

AND EVIDENCE FAVORABLE TO DEFENDANT
Filing # 148953963 E-Filed 05/04/2022, 02:41:01 PM
22. The Court did not enter a discovery Order. On July 20, 2023, the Defendant made a
public records request to the Clerk for a record of the discovery Order. On July 21, 2021 Mr.
Rob Davis responded for the Clerk: “We were unable to locate a copy of any such order.”
23. On June 8, 2022, Circuit Judge Peter Brigham presided over a “case review and Motion
to Withdrawal as Counsel Hearing”. A transcript of the proceeding shows ASA Mark Simpson
appeared for the State, and D. Gary Lashley, Jr., Esquire, of the Lashley Law Firm, PLLC
appeared as attorney for the Defendant, until he was relieved of representation when Judge
Brigham granted Mr. Lashley’s motion to withdrawal. The Defendant was then pro se:
Transcript, June 8, 2022, case review and Motion to Withdrawal as Counsel Hearing, page 5:
1 THE COURT: All right. All right, Mr. Gillespie,

2 you’ve, you’ve let your attorney withdraw. You now
3 represent yourself. You’ve represented yourself in the
4 past; have you not?
5 THE DEFENDANT: Yes. I’m not interested in
6 representing myself. I’m in negotiation with counsel,
7 private counsel.
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24. Subsequently the Defendant was not able to hire private counsel.
25. On January 23, 2023, the Defendant, a nonlawyer acting pro se, filed Defendant’s Notice
of Claim of Immunity Under Section 776.032 Florida Statutes in this case, see,
DEFENDANT’S NOTICE OF CLAIM OF IMMUNITY UNDER

SECTION 776.032 FLORIDA STATUTES
Filing # 165291803 E-Filed 01/23/2023 10:33:18 PM
Defendant NEIL JOSEPH GILLESPIE (“Gillespie”), a nonlawyer appearing pro se,

hereby gives Defendant’s Notice of Claim of Immunity Under Section 776.032 Florida
Statutes, and states:
Gillespie hereby give Notice to the State Attorney of his Claim of Immunity in this
prosecution Under Section 776.032 Florida Statutes.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 23, 2023 Defendant’s Notice of Claim of Immunity
Under Section 776.032 Florida Statutes was served on the Florida Portal to:
State Attorney’s Office

110 North West 1st Avenue
Suite 5000
Ocala, FL 34475
Eservicemarion@Sao5.Org
and to the names on the Florida Portal Notice of Service of Court Documents.
(signature)
Neil Joseph Gillespie, Defendant pro se
26. Two days later, on January 25, 2023, Circuit Judge Peter Brigham held the Defendant in
direct criminal contempt for speaking to loudly at a previous hearing on January 3, 2023, and
immediately sentenced him to 30 days in the Marion County Jail.
27. While the Defendant was held in jail on contempt, Assistant State Attorney Yaveth
Parodi moved on January 31, 2023 to revoke the Defendant’s bond, citing the contempt as a new
crime committed by the Defendant while he was out on bond.
28. On February 20, 2023, Judge Brigham entered ORDER TO REVOKE BOND, and
Ordered “that the Defendant be held on NO BOND status until further Order of this Court”.
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29. On March 20, 2023, the Defendant, a nonlawyer appearing pro se, pled nolo contendere
to his pending charges to get out of jail, to be released from incarceration, so he could pay his
rent (or become homeless), make his car payment, and get medical care not provided in jail.
30. On April 19, 2023, the Defendant, a nonlawyer appearing pro se, filed a Motion To
Withdraw Plea After Sentencing, see
MOTION TO WITHDRAW PLEA AFTER SENTENCING

Filing # 171386451 E-Filed 04/19/2023 11:05:33 PM
31. On May 9, 2023, Judge Peter Brigham entered ORDER DENYING DEFENDANT’S
MOTION TO WITHDRAW PLEA AFTER SENTENCING without a hearing.
32. On June 7, 2023 the Defendant, a nonlawyer appearing pro se, gave Notice of Appeal to
the Florida Fifth District Court of Appeal of the Order Denying Defendant's Motion To
Withdrawal Plea After Sentencing entered May 9, 2023 by Judge Peter Brigham.
33. The Defendant’s appeal is docketed in the Florida Fifth DCA as case no. 5D23-0888.
34. On June 8, 2023, the Defendant submitted a corrected complaint to Timothy T. McCourt,
General Counsel, Marion County Sheriff’s Office, RE: Lack of adequate security for inmates in
the Marion County Jail. The corrected complaint accompanies this Notice of Prosecutorial
Misconduct, and states in relevant part:
Timothy T. McCourt Corrected June 8, 2023

General Counsel
Marion County Sheriff’s Office
PO Box 1987
Ocala, FL 34478-1987
Tel. (352) 369-6758
RE: Lack of adequate security for inmates in the Marion County Jail
Mr. McCourt:
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This is a complaint about the lack of adequate security for inmates in the Marion County
Jail, and the failure of the jail to protect inmates while they are being held by Sheriff
Billy Woods, Marion County Sheriff's Office. (MCSO)
Public records provided by the MCSO show the jail uses AI, Artificial Intelligence, to
provide inmate security through innoVi Genetec Integration, further identified as innoVi
by Agent Vi, Comprehensive AI-Powered Video Analytics, version 30-Nov-2021.
Purchase requisition no. 14227, July 14, 2011 for two Genetec camera licenses shows the
Genetec system has been in use by the jail for about 12 years. Agent Video Intelligence
(Agent Vi) is owned by Irisity AB.
Information about innoVi Genetec Integration by Agent Vi is available online. Basically,

innoVi by Agent Vi uses video cameras to collect images, which images are called
events. The events are evaluated by analytics using proprietary artificial intelligence
algorithms. Custom event rule types can be established, such as Moving in an Area and
Crossing a Line, and then detected, e.g., Person Moving detected, which enable alarms to
be received in the Genetec Security Desk, and viewed on a monitor by a human, a
detention deputy in a "rovers area" in the jail.
When: Analytics Event - Person Moving Occurs

From: Any entity
Action: Trigger alarm
Alarm: Moving Person detected
MCSO detention deputies are tasked with inmate security in the jail. This complaint
alleges a fatal security defect of rovers area video surveillance in lieu of actual officers
physically located within the jail pods.
On February 20, 2023 I witnessed a serious fight in the Med-B pod that lasted
approximately 20 minutes, from 3:40 AM to 4:00 AM, during which time no detention
deputy intervened to stop the fight. The fight began at approximately 3:40 when inmate
Larry Turner Dawson, #A0256389, beat inmate John Goodall, #A0251684, with a
weapon, a sock containing an object. The fight was over a blanket left by inmate Ronald
Vince Foreman, #A0114985, who was taken to prison to serve a 15 year sentence for
killing his wife.
Med-B is a medical pod for inmates with physical disabilities.

Med-C is a so-called psyche ward for inmates with psychological problems.
On information and belief, inmate Larry Dawson was initially housed in the Med-C pod
for being classified as a person with a psychological disorder. Dawson was subsequently
transferred to Med-B because of fighting with inmates in the psyche ward. In other
words, Dawson should not have been placed in the Med-B pod, it was a misclassification
that endangered every inmate in the Med-B pod.
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The attack by Larry Dawson on John Goodall raged from one end Med-B to the other, as
Dawson chased Goodall and beat him in plain view of the video cameras, for
approximately 20 minutes. John Goodall suffered significant bruising and lacerations to
his arm which he used to block the blows by Dawson who hit him with the weapon. At
times the inmates were on the floor fighting. The fighting was intense. Inmate Bobby
Dwayne Watts, #A0025779 left his bunk for safety, lest he be hit during the fight. At one
point inmate George Odom, #A0234991 intervened unsuccessfully to stop the fight, by
placing himself between Dawson and Goodall.
I believe Deputy T. Frye, ID # 6375, and Deputy De La Cruz, ID # 6614, were on duty,
but neither deputy was in the pod, and neither deputy responded to the fight that was
captured on video. The fight ended on its own around 4:00 AM.
Later on February 20, 2023, at the 10:00 PM final count, I submitted an Inmate Request
Form complaining about the failure of any detention deputy to stop the fight. Deputy De
La Cruz gathered all the Inmate Request Forms from the table, and took the forms out of
the pod to the rovers area without reading or signing them, and did not leave my inmate
copy on the table as required.
Shortly after 10:00 PM I believe the deputies read my Inmate Request Form and viewed
video of the fight, perhaps for the first time. Inmates Larry Dawson, John Goodall, and
George Odom were called out of Med-B to the rovers area. Deputy T. Frye later removed
the bedding and property of inmate Larry Dawson from Med-B. Dawson did not return
and was apparently moved elsewhere in the jail.
Deputy De La Cruz never provided me my copy of the Inmate Request Form. I asked for
my copy of the form several times from her, and from T. Frye, to no avail. This is a
public records request for my inmate copy of the form.
If I had not submitted an Inmate Request Form complaining about the jail's failure to stop
the fight on February 20, 2023, from 3:40 AM to 4:00 AM, this violent event would not
have been documented. Even with my complaint, it took the jail 18 hours to investigate
this event. This lack of security is unacceptable. This lack of security shows a fatal defect
in relying on rovers area video for inmate safety. In my view this event was a direct result
of the misclassification of inmate Larry Dawson, who was wrongly moved from the
psyche ward to the Med-B pod.
I made a record of this event to show a fatal defect in inmate security at the jail.
Previously I was threatened by an inmate wrongly moved from the psyche ward to the
Med-B pod, inmate Priness Remyre-Antonia Fields, inmate #A0078654.
Priness Fields is an inmate who has been held in the Marion County Jail on at least 27
different occasions, for which State Attorney William Gladson failed/refused to provide
me or my attorney any Brady material, see the attached discovery, and supplemental
discovery by the state filed April 4, 2022.
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For over a month I reported problems with Fields to the jail, initially to Deputy M. Frye,
ID # 6436, at 3:00 AM. Inmate Fields' bunk was next to my bunk. Fields would often
awake in the middle of the night. Fields would talk to himself, or read out loud, and
swing his jail-provided cane into the air by my bunk as I slept. I was in fear for my safety
as I slept because of Fields' behavior. I again complained to Deputy M. Frye, and asked if
she reported my previous complaint. Deputy M. Frye said she reported my complaint
with Fields to the jail, but no action was taken, and there was nothing else she could do to
protect me.
Fields argued and had problems with other inmates. Fields decorated his bunk with
nonsensical signs and objects, and left objects on the floor in the shared driveway
between our bunks. Because my bunk was situated on the end of a row, I had to share a
common driveway with Fields. Fields also made false accusations against me, including
that I took his canteen items. Each week I bought $50 in canteen for myself while in jail.
Fields was upset that I would not trade canteen items with him. When Fields did not get
his way, he accused me of racism, and did so in a loud way to attract attention. This did
not work because the other inmates knew I was not racist.
On or about March 20, 2022, I observed inmate Fields take a breakfast food tray from
inmate Joseph Gerald Gosik inmate #A0087578, in view of the video camera and in view
of the deputies handing out food trays. The deputies saw Fields take the food tray from
Gosik but did not take any action. Joseph Gosik is a former law enforcement officer from
the state of New York. Gosik told me that officers would avoid taking complaints
because they did not want to do the paperwork involved, especially near the end of a
shift. Fields, who had a cane, did not appear to have any problem walking when he stole
the food tray from Joseph Gosik.
I told Fields that I saw him take the food tray from Gosik. Fields responded "someone
should kill you". I reported Fields' threat to Deputy C. Washington, ID # 6444, and to
Corporal E. James, ID 5963, to no avail. Over the following days Fields repeated his
death threat against me, and increased his obnoxious rhetoric. The jail took no action to
protect me from Fields. I feared that Fields would hit me with the cane as I slept and
cause me serious injury or death.
On March 23, 2022 Fields hit me repeatedly with the cane during an altercation. Fields,
DOB 02/05/1985 (age 38), height 6"3" and weight 200 pounds, should have been charged
with battery on me, a person over age 65, and making death threats. When I was released
from jail on April 7, 2022, I still had bruises on my upper body from Fields hitting me
with a cane. I made photos of my bruised body and provided them to Mr. Lashley, to no
avail. The jail failed to protect me from Fields, like the jail failed to protect John Goodall
from Larry Dawson.
I provided the following names of witnesses for my defense in case no. 2022-CF-1143 to
attorney John Klein by letter dated January 29, 2023, copy available:
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Officer M. Frye Inmate Joseph Gosik Dr. Colon, former

Officer T. Frye Inmate Raul Lopez Medical Director
Officer Washington Inmate Servando Ferguson
Officer James (sic) Inmate Thomas Dukes
When I was held in the jail beginning January 25, 2023, I told Deputy M. Frye that I
planned to take her deposition in case no. 2022-CF-1143. However Frye said she did not
recall my complaints to her about inmate Fields. I believe this is evidence showing a need
for a form where an inmate can make a written complaint about threats or other security
events to establish a record for the inmate.
I also spoke with Deputy T. Frye, and he agreed with me that inmate Fields should not
have been housed in the Med-B pod. I plan to take his deposition.
In conclusion, I was held in the Bucks County Jail, Doylestown, PA, for 95 days, from
February 4, 2021 through May 10, 2021. The Bucks County Jail had two Correction
Officers present in each pod at all times, providing direct visual supervision of the
inmates. The Correction Officers were virtually all male, and were required to be in good
physical condition to perform their job. They were prohibited from carrying any type of
weapon, no pepper spray, and no stun gun. They only carried handcuffs and a radio. If
pepper spray was needed, it had to be authorized by a sergeant, and was administered in a
group of 5 officers.
The Pennsylvania Correction Officers were very professional, and there were virtually no
problems, compared to the nonsense I witnessed in the Marion County Jail. In addition,
each inmate was assigned a caseworker who had an office in the pod. The pods were two
story style with two man cells, and a few single cells, about 88 inmates total. Inmates
could write letters and send cards to friends and family in stamped envelopes that were
sealed and not read by the jail. Each pod had two large screen televisions with two rows
of theater seating each. Inmates could buy $88 of commissary twice a week. Inmates
could purchase clothing and shoes, along with coffee and chocolate, and a wide range of
items, including full size pens, nail clippers, full size tooth brushes, writing paper,
greeting cards, and all the postage stamps an inmate could afford, without needing
special permission. Inmates could also purchase a personal 13 inch television and/or a
radio.
There was also a functioning law library that provided copies without cost. Inmates were
permitted to receive legal mail from nonlawyers, and personal mail that would fit in a
standard size business envelope. Inmates were provided a large storage bin to hold their
property. The atmosphere was safe and peaceful.
I am providing this to Dr. Colon-Reyes, the former Medical Director of the Marion
County Jail. Dr. Ivette Colon-Reyes, MD, License Number: ACN40, Heart of Florida
Healthcare, is now in private practice at West Marion Family Practice in Ocala. I may
take the deposition of Dr. Colon-Reyes in case no. 2022-CF-1143.
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Please provide the jail records for Priness Remyre-Antonia Fields, inmate #A0078654.
After his incident with me, I understand Fields was sent to the hole for a period of time,
the jail took away the cane it provided him, and he served the rest of his time in the jail
psyche ward, Med-C. Please provide the surveillance video for Med-B from February 1,
2022 through April 7, 2022. Please provide my copy of the Inmate Request Form I
submitted February 20, 2023 reporting the fight in Med-B involving inmates Larry
Dawson and John Goodall. Thank you.
Sincerely,
signed
Neil J. Gillespie
35. The Marion County Sheriff’s Office provided a response to the Defendant’s public
records request for the jail records for Priness Remyre-Antonia Fields, inmate #A0078654 that
consists of 186 pages and show in part:
In 2003 Priness Remyre-Antonia Fields (“Fields”) was arrested for Possession of cocaine with
intent to distribute within 1,000 feet of a school. Fields was later convicted in case no. 2003-CF-
2857. The Marion County Clerk’s online docket for Fields shows at least 43 criminal cases
related to his 27 arrests and the times Fields was incarcerated in the Marion County Jail.
The jail records for Fields show additional offenses he committed while held in the jail, and
multiple Housing Movements Reports related to moving Fields to other parts of the jail after his
involvement in incidents with other inmates and/or detention deputies.
The jail records for Fields shows he is a suicide risk and has mental problems.
After reading the jail records for Fields, a reasonable person could conclude that the jail lacks
any accommodation for him sufficient to protect the other inmates and jail staff.
The most recent issue with Fields shown in the records occurred on April 9, 2022, a disturbance
described in Incident Report # 220001900 by Detention Deputy Rebecca Suppes, ID #6519:
Incident Report # 220001900

DISTURBANCE
SUPPES, R
On April 9, 2022 at 1229 hours, I was present in Medical Pod, Rovers Area, in front of
the Rover's access door to Alpha Bravo recreation area, At this time I observed Inmate
Fields, Priness banging on the Window and walking away from the door. I opened the
door and Inmate Fields stated that another inmate spit on him. I ordered Inmate Fields to
enter the Medical Pod Rover's area and to sit on the bench by the Nurses station to
separate him from the unknown inmate to which he did not comply, Upon entering the
Rover's area Inmate Fields stated while walking toward Bravo Section that he was not
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going to go sit on the bench to let him into Bravo Section. I gave Inmate Fields another
order to go take a seat on the bench, to no avail. Inmate Fields began yelling at me in a
loud and belligerent manner. Due to Inmate Fields behavior I ordered him to turn around
and submit to hand restraints to which he did not comply. At this time I called Deputy T,
Frye for assistance. Inmate Fields then went and sat down on the bench by the Nurses
station and continued to yell at me. I gave Inmate Fields multiple orders to get up, turn
around and submit to hand restraints to which he did not comply. At 1230 hours, I gave
Inmate Fields a final order to get up, turn around and submit to hand restraints or he
would be pepper sprayed to no avail. At 1230 hours, I administered a burst of pepper
spray to Inmate Fields's facial area, the desired affect was not received. I ordered Inmate
Fields to stand up, turn around and submit to hand restraints to which he did not comply.
Inmate Fields stated "you better call for backup because i'm not cuffing up." At 1231
hours, Deputy Frye Ordered Inmate Fields multiple times to submit to restraints to no
avail. Deputy T. Frye attempted to place hand restraints on Inmate Fields at which point
he pulled away and attempted to put his arm around Deputy Frye's his neck. Deputy Frye
placed Inmate Fields in the prone position. I called a signal 22 involving staff. Inmate
Fields was still refusing to submit to hand restraints by holding his hands under his body.
I attempted to remove Inmate Fields left arm from underneath his body, but Inmate Fields
continued to resist. At this time I drew my taser from my holster and drive stunned
Inmate Fields in his back right thigh receiving the desired affect. Inmate Fields submitted
to hand restraints. Sergeant E. Land, Sergeant K. Thompson, Deputy C. Josey, Deputy D.
Roberts, Deputy Linder, Deputy M. Delacruz and Deputy Canelle Responded. Inmate
Fields was transported to the Infirmary by Deputies Snyder and Josey. He was placed in
the shower for decontamination at 1238 hours until 1253 hours. Charge Nurse Ramos
evaluated Inmate Fields and noted an abrasion above his right eye and the signature mark
of drive stun from taser on right back upper thigh. No other injuries were noted. Inmate
Fields was cleared to be housed Alpha Pod, Echo Section, on Security Risk Status due to
this incident. An Inspection of Confinement was started at 1238 hours by Sergeant
Thompson and was maintained by Sergeant Land until 1327 hours.
Detention Deputy Tommy Frye, ID # 6375, submitted this narrative for the Fields disturbance:
Narrative by T. Frye
On April 9, 2022, at approximately 1231 hours, I assisted Deputy Suppes with applying
hand restraints to Inmate Priness Fields. I gave multiple orders to submit to hand
restraints to which he did not comply. As I attempted to place the hand restraints on
Inmate Fields he pulled away. Inmate Fields then placed his arm around my neck and
grabbed my left hand and pulled my body towards his. I was able to pull away and placed
Inmate Fields on the ground. While on the ground Inmate fields continued to grab my left
hand and hold on to it. I continued to give verbal orders to place his hands behind his
back. Inmate Fields refused until Deputy Suppes drive stunned his leg then I was able to
gain compliance of Inmate Fields.
As a result of the foregoing disturbance, Fields was charged with the following offenses by
Corporal Nathan McClain, ID #5212, on April 11, 2022:
14
Charges:
CLASS A-1B: BATIERY OR ATTEMPTED BATIERY,
WITH OR WITHOUT A WEAPON
CLASS A-2C: CONDUCT WHICH DISRUPTS OR

INTERFERES WITH THE SECURITY OR OR
CLASS A-6A: DISOBEYING WRITIEN OR VERBAL ORDER(S)

(ANY ORDER GIVEN TO A
Fields pled NOT GUILTY. A hearing was held April 19, 2022 by DR Hearing Officer Ortiz, ID
#5167, who found Fields GUILTY and sentenced him to 30 days lock down.
There are too many other jail incidents for Fields to list here, but I am including one involving
his violation of PREA, the Prison Rape Elimination Act:
Incident Report # 17005798, 12/18/2017, Officer Zachary Marcello ID #5821, PREA
ON 12/18/17 AT APPROXIMATELY 1100 HOURS WHILE BRINGING AN INMATE

BACK INTO FOXTROT SECTION I WAS I WAS ALERTED BY INMATE JUSTIN
MCKENZIE. INMATE MCKENZIE WAS YELLNG OUT HIS CELL DOOR TO ME
STATING" THIS MAN JUST PULLED HIS DICK OUT AT ME." I STOPPED IN
FRONT OF CELL 152 WHERE INMATE MCKENZIE WAS HOUSED. INMATE
MCKENZIE WAS STANDING AT THE DOOR AND INMATE FIELDS WAS
STANDING AT THE BACK OF THE CELL. I ASKED WHAT WAS GOING ON
AND INMATE MCKENZIE STATED AGAIN, WHILE POINTING AT INMATE
FIELDS" THIS MAN JUST PULLED HIS DICK OUT AT ME." I HAD ALPHA
CONTROL OPEN CELL 152 SO I COULD SEPARATE BOTH INMATES. INMATE
MCKENZIE ADMITTED TO PUNCHING INMATE FIELDS IN THE MOUTH. I
ASKED INMATE MCKENZIE ONCE IN THE ROVERS AREA IF HE WAS ALSO
HIT OR TOUCHED IN ANY WAY. INMATE MCKENZIE STATED THAT HE WAS
NOT, BUT WHEN HE WOKE UP IN HIS BUNK HE OBSERVED INMATE FIELDS
STANDING OVER HIM MASTURBATING. INMATE MCKENZIE WAS CHECKED
BY NURSE MUDER FOR ANY INJURIES, NONE WERE NOTED. INMATE
MCKENZIE WAS THEN REHOUSED IN CELL 148 WITHOUT FURTHER
INCIDENT. I THEN HAD INMATE FIELDS CHECKED BY NURSE MUDER, NO
INJURIES WERE NOTED. INMATE FIELDS WAS PLACED BACK INTO CELL 152
WITHOUT FURTHER INCIDENT. I NOTIFIED SERGEANT NELSON OF THE
INCIDENT AND ALSO NOTIFIED PREA CORDINATOR FORTE. MR. FORTE
PLACED A HOUSE ALONE ALERT ON INMATE FIELDS UNTIL FURTHER
INVESTIGATION.
Incident Report # 17005798, Supplemental Report, 12/20/2017, Officer Michael Forte, ID #758
SPOKE WITH INV STROUP AND SHE ADVISED THE SAO WILL NOT/ CANNOT
PROSECUTE EXPOSURE L&L IN A COUNTY FACILITY. INMATES WERE
15
SEPARATED, FIELDS IS NOW HOUSE ALONE AND KEEP AWAYS ARE IN

PLACE.
MEMORANDUM OF LAW IN SUPPORT
36. This Memorandum of Law is taken from Mr. Lashley’s motion cited in paragraph 21:
MOTION FOR DISCLOSURE OF IMPEACHING INFORMATION

AND EVIDENCE FAVORABLE TO DEFENDANT
Filing # 148953963 E-Filed 05/04/2022, 02:41:01 PM
Due process prohibits the suppression by the Government of evidence favorable to
the accused or discrediting its own case. Upon Defendant's request, the Government must
disclose all such information. Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d
215 (1963). This requirement of disclosure includes any information which concerns witnesses'
credibility as well as matters concerning the guilt or innocence of the defendant. Giglio v. United
States, 405 U.S. 150, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1967); Napue v. Illinois, 360 U.S. 264,
79S. Ct. 1173,3 L. Ed. 2d 1217 (1959).
As observed by the Supreme Court in Napue v. Illinois:
"The jury's estimate of the truthfulness and reliability

of a given witness may well be determinative of guilt or
innocence, and it is upon such subtle factors as the
possible interest of the witness in testifying falsely that
a defendant's life or liberty may depend." 360 U.S. at 269.
Disclosure of information tending to impeach witnesses' credibility must be timed to
enable effective preparation for trial. United States v. Polisi, 416 f. 2D 573, 578, (2nd Cir.
1969); United States v. Baxter, 492 F. 2d 150, 173-174 (9th Cir. 1973); cert. denied, 417
U.S. 940 (1974). As stated in United States v. Pollack, 534 F. 2d 964,973 (D.C. Cir. 1976):
"Disclosure by the government must be at such time as to allow

the defense to use the favorable material effectively in preparation
and presentation of its case, even if satisfaction of this criterion
requires pretrial disclosure".
16
Likewise, the Fifth Circuit has recognized that the timing of disclosure must be
"appropriate" to allow proper implementation of Brady v. Maryland and that disclosure
may come too late if it is only given at trial. See: United States v. Campagnuolo, supra;
United States v. Harris, 458 F. 2d 670,677 (5th Cir. 1972), cert. denied 409 U.S. 888, 93,
S. Ct. 195,34 L. Ed. 2d 145 (1972).
1. Information concerning prior convictions and juvenile adjudications is squarely
within Rule 609, Federal Rule of Criminal Procedure. See also: Davis v. Alaska,
415 U.S. 308; 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (allowing cross-examination
into prosecution witness's juvenile probation status imposed following adjudication of
delinquency).
Since the Government has ready access to the F.B.I. computerized "rap sheet"
and defendant does not, it is appropriate that the Government make the
requested disclosure. There is an affirmative "obligation on the part of the
prosecution to produce certain evidence actually or constructively in its
possession or accessible to it in the interests of inherent fairness." Calley
v. Callaway, 519 F. 2d 184, 223 (5th Cir 1975) (en banc) ; see also United
States v. Auten, 623 F. 2d 478 (5th Cir. 1980).
2. Federal Rules of Evidence 608 (b) allows impeachment of a witness through
specific instances of conduct for the purpose of attacking his credibility, if
probative or untruthfulness.
3. Exposure of a witness's motivation in testifying is a proper and important function
of the constitutionally protected right of cross-examination. Davis v. Alaska,
supra. Allowing cross-examination as to a witness's credibility to "the largest
possible scope" is especially important where a prosecution witness has had prior
dealings with the prosecution or other law enforcement officials. The possibility
exists that his testimony was motivated by the desire to please the prosecution in
17
exchange for the prosecutor's actions in having some or all of the charges against
him dropped, secured immunity, or assuring lenient treatment in sentencing.
United States v. Mayer, 556 F. 2d 245 (5th Cir. 1977). Giglio v. United States,
405 U.S. 105,92 S. Ct. 763, 31 L.Ed.2d 104 (1972).
Likewise, the defendant is entitled to be advised of the negative as well as the
positive inducements which may motivate prosecution witnesses to "color" their testimony.
See: United States v. Bonnano, 430 F. 2d 1060 (2nd cir. 1970) (indictment pending against
government witness should be disclosed to defense).
4. The request paragraph 4 of the Motion seeks in part early disclosure of Jencks
materials to the extent that due process requires. United States v. Campagnuolo,
supra.
A previous refusal to testify by a Government witness who later testifies at trial

is probative of his motivations in testifying and should be disclosed. Similarly,
the frequency and nature of an informer's or co-conspirator's testimony on
behalf of the Government is probative of his credibility and motivations.
5. Since impeachment necessarily embodies many forms, to the extent that the
prosecution may recognize such information, it may not be suppressed.
6. Defendant is entitled to impeach the credibility of non-witnesses whose hearsay
statements have been introduced. Federal Rules of Evidence 806. Thus, any
disclosure of impeachment information to which the defense is entitled applies to
non-witness declarants as well as witnesses who actually testify.
7. An effective method of testing the credibility of a witness is to impeach him with
his prior inconsistent statements. Such requests have been held valid even if the
declarant is an accomplice or the Government elects not to present the declarant at
18
trial. See Scurr v. Niccum, 620 F. 2d 186 (8th Cir. 1980) (prior inconsistent
statements of accomplice); Monroe v. Blackburn, 607 F. 2d 148 (5th Cir. 1979)
(victim's prior statement to police inconsistent with trial testimony); United States
v. Polisi, 416 F. 2d 573 (2nd Cir. 1969) (prosecutor erred in failing to give defense
counsel statements of a non-testifying co-defendant which were inconsistent with
testifying co-defendants and material to issue of punishment).
CONCLUSION
Should doubt arise as to whether information is subject to disclosure, there is no
alternative but that "the prudent prosecutor will resolve doubtful questions in favor of
disclosure." Cannon v. Alabama, 558 F.2d 1211 (5th CiI. 1977), quoting United States v.
Agurs, 427 U.S. 97, 108,96 S.Ct. 2392, 49 L.Ed.2d 342 (1976).
"It is now clear the Brady imposes an affirmative duty on the

prosecutor to produce at the appropriate time requested evidence which is
materially favorable to the accused either as direct or impeaching evidence."
Williams v. Dutton, 400 F. 2d 797,800 (5th CiI. 1968), cert denied 393 U.S.
1105,89 S. Ct. 908, 21 L.Ed.2d (1969)
The constitutional principles of fairness, due process, and right to confrontation
inperplay to require, as a matter of Constitutional right, the requested disclosure.
37. Rule 4-3.8 - SPECIAL RESPONSIBILITIES OF A PROSECUTOR

Rules Regulating The Florida Bar
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by
probable cause;
(b) not seek to obtain from an unrepresented accused a waiver of important pre-trial
rights such as a right to a preliminary hearing;
(c) make timely disclosure to the defense of all evidence or information known to the
prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in
connection with sentencing, disclose to the defense and to the tribunal all unprivileged
mitigating information known to the prosecutor, except when the prosecutor is relieved
of this responsibility by a protective order of the tribunal.
19
Comment
A prosecutor has the responsibility of a minister of justice and not simply that of an
advocate. This responsibility carries with it specific obligations such as making a
reasonable effort to assure that the accused has been advised of the right to and the
procedure for obtaining counsel and has been given a reasonable opportunity to obtain
counsel so that guilt is decided upon the basis of sufficient evidence. Precisely how far
the prosecutor is required to go in this direction is a matter of debate. Florida has adopted
the American Bar Association Standards of Criminal Justice Relating to Prosecution
Function. This is the product of prolonged and careful deliberation by lawyers
experienced in criminal prosecution and defense and should be consulted for further
guidance. See also rule 4-3.3(d) governing ex parte proceedings, among which grand jury
proceedings are included. Applicable law may require other measures by the prosecutor
and knowing disregard of these obligations or systematic abuse of prosecutorial
discretion could constitute a violation of rule 4-8.4.
Subdivision (b) does not apply to an accused appearing pro se with the approval of the
tribunal, nor does it forbid the lawful questioning of a suspect who has knowingly waived
the rights to counsel and silence.
The exception in subdivision (c) recognizes that a prosecutor may seek an appropriate
protective order from the tribunal if disclosure of information to the defense could result
in substantial harm to an individual or to the public interest.
38. Rule 3.8: Special Responsibilities of a Prosecutor, Model Rules of Professional Conduct,
American Bar Association
Advocate
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by
probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to,
and the procedure for obtaining, counsel and has been given reasonable opportunity to
obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights,
such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the
prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in
connection with sentencing, disclose to the defense and to the tribunal all unprivileged
20
mitigating information known to the prosecutor, except when the prosecutor is relieved
of this responsibility by a protective order of the tribunal;
(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present
evidence about a past or present client unless the prosecutor reasonably believes:
(1) the information sought is not protected from disclosure by any applicable
privilege;
(2) the evidence sought is essential to the successful completion of an ongoing

investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;
(f) except for statements that are necessary to inform the public of the nature and extent
of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain
from making extrajudicial comments that have a substantial likelihood of heightening
public condemnation of the accused and exercise reasonable care to prevent investigators,
law enforcement personnel, employees or other persons assisting or associated with the
prosecutor in a criminal case from making an extrajudicial statement that the prosecutor
would be prohibited from making under Rule 3.6 or this Rule.
(g) When a prosecutor knows of new, credible and material evidence creating a
reasonable likelihood that a convicted defendant did not commit an offense of which the
defendant was convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes
delay, and
(ii) undertake further investigation, or make reasonable efforts to cause an

investigation, to determine whether the defendant was convicted of an offense
that the defendant did not commit.
(h) When a prosecutor knows of clear and convincing evidence establishing that a
defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant
did not commit, the prosecutor shall seek to remedy the conviction.
39. The foregoing shows WILLIAM M. GLADSON, State Attorney for the Fifth Judicial
Circuit of the State of Florida, in and for Marion County, and certain Assistant State Attorneys,
21
violated the civil rights of the Defendant, NEIL JOSEPH GILLESPIE, including his right to due
process under the Fifth Amendment to the U.S. Constitution.
40. WILLIAM M. GLADSON, State Attorney for the Fifth Judicial Circuit of the State of
Florida, in and for Marion County, and certain Assistant State Attorneys, violated the civil rights
of the Defendant, by failing failed to provide Brady information in this case,
Florida, in and for Marion County, and certain Assistant State Attorneys, violated the Special
Responsibilities of a Prosecutor, R. Regul. FL. Bar 4-3.8, subparts (a) by prosecuting a charge
that the prosecutor knows is not supported by probable cause; and (c) failing to make timely
disclosure to the defense of all evidence or information known to the prosecutor that tends to
negate the guilt of the accused or mitigates the offense, and, in connection with sentencing,
disclose to the defense and to the tribunal all unprivileged mitigating information known to the
prosecutor.
Florida, in and for Marion County, and certain Assistant State Attorneys, violated the Special
Responsibilities of a Prosecutor, Rule 3.8, Model Rules of Professional Conduct of the American
Bar Association, subparts (a) by prosecuting a charge that the prosecutor knows is not supported
by probable cause; (b) by failing to make reasonable efforts to assure that the accused has been
advised of the right to, and the procedure for obtaining, counsel and has been given reasonable
opportunity to obtain counsel on January 25, 2023 during a bench trial on the felony crime of
direct criminal contempt; (d) by failing to make timely disclosure to the defense of all evidence
or information known to the prosecutor that tends to negate the guilt of the accused or mitigates
the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all
22
unprivileged mitigating information known to the prosecutor; (g) When a prosecutor knows of
new, credible and material evidence, the Defendant’s Notice of Claim of Immunity Under Section
776.032 Florida Statutes, when considered with the new, credible and material evidence
provided today, thereby creating a reasonable likelihood that a convicted defendant did not
commit an offense of which the defendant was convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor’s jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes delay, and
(ii) undertake further investigation, or make reasonable efforts to cause an investigation,

to determine whether the defendant was convicted of an offense that the defendant did
not commit.
and (h) When a prosecutor knows of clear and convincing evidence establishing that a defendant
in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit,
the prosecutor shall seek to remedy the conviction: The Defendant acted in self defense after the
jail failed to protect him from Mr. Fields, and he is entitled to immunity from prosecution under
section 776.032 Florida Statutes.
43. Furthermore, State Attorney WILLIAM M. GLADSON and the State Attorney’s Office
knew Sarah M. Thompson died on May 12, 2021, thereby ending case 2020-CF-2417, but kept
the Defendant in jail on no bond status anyway for almost a year, and continued to prosecute the
case against him with malice aforethought.
44. The evidence shows the Defendant’s court appointed counsel D. Gary Lashley, Jr., failed
to provide zealous and competent representation, and that the State Attorney’s Office and the
Court cooperated with Lashley in denying the Defendant his right to effective counsel under the
U.S. Six Amendment. Mr. Lashley failed to notify the Defendant of an arraignment on April 24,
23
2022. Mr. Lashley failed to attend the arraignment on April 24, 2022. A competent attorney
could have had this case dismissed for lack of probable cause at the arraignment. ASA Mark
Simpson knowingly failed to serve discovery on Mr. Lashley. Mr. Lashley failed to schedule his
discovery motion (DOC 39) for a hearing. The Court had evidence that Mr. Lashley was a shill
for the prosecution, but kept him on the case long enough for Lashley waive the arraignment.
The Court failed to rule sua sponte on Mr. Lashley’s discovery motion appearing at DOC 39 in
case no. 2022-CF-1134, thereby denying the Defendant due process.
45. As a matter of law, WILLIAM M. GLADSON, State Attorney for the Fifth Judicial
Circuit of the State of Florida, in and for Marion County, must seek to overturn the conviction,
including an adjudication withheld, of the Defendant in this case, and must take action to cancel
all court imposed fines, costs and fees, and cease the collection thereof from the Defendant.
RESPECTFULLY SUBMITTED July 21, 2023
NEIL JOSEPH GILLESPIE, Defendant pro se

2801 SW College Road, Ste 3, Ocala, FL 34474
Tel: 352-239-9037, Email: celticein@yahoo.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 21, 2023 Defendant’s Notice of Prosecutorial

Misconduct was served on the Florida Portal to:
State Attorney’s Office

110 North West 1st Avenue, Suite 5000
Ocala, FL 34475
Eservicemarion@Sao5.Org
and to the names on the Florida Portal Notice of Service of Court Documents.
Neil Joseph Gillespie
24
Filing # 178008132 E-Filed 07/21/2023 09:34:27 PM
APPENDIX Complaint to Timothy T. McCourt, General Counsel, Marion County Sheriff’s

Office, RE: Lack of adequate security for inmates in the Marion County Jail.
General Counsel
PO Box 1987
Ocala, FL 34478-1987
Tel. (352) 369-6758
RE: Lack of adequate security for inmates in the Marion County Jail
Mr. McCourt:
This is a complaint about the lack of adequate security for inmates in the Marion
County Jail, and the failure of the jail to protect inmates while they are being held
by Sheriff Billy Woods, Marion County Sheriff's Office. (MCSO)
Public records provided by the MCSO show the jail uses AI, Artificial Intelligence,
to provide inmate security through innoVi Genetec Integration, further identified as
innoVi by Agent Vi, Comprehensive AI-Powered Video Analytics, version 30-
Nov-2021. Purchase requisition no. 14227, July 14, 2011 for two Genetec camera
licenses shows the Genetec system has been in use by the jail for about 12 years.
Agent Video Intelligence (Agent Vi) is owned by Irisity AB.
Information about innoVi Genetec Integration by Agent Vi is available online.

Basically, innoVi by Agent Vi uses video cameras to collect images, which images
are called events. The events are evaluated by analytics using proprietary artificial
intelligence algorithms. Custom event rule types can be established, such as
Moving in an Area and Crossing a Line, and then detected, e.g., Person Moving
detected, which enable alarms to be received in the Genetec Security Desk, and
viewed on a monitor by a human, a detention deputy in a "rovers area" in the jail.
When: Analytics Event - Person Moving Occurs

From: Any entity
Action: Trigger alarm
Alarm: Moving Person detected
MCSO detention deputies are tasked with inmate security in the jail. This
complaint alleges a fatal security defect of rovers area video surveillance in lieu of
actual officers physically located within the jail pods.
General Counsel
On February 20, 2023 I witnessed a serious fight in the Med-B pod that lasted
approximately 20 minutes, from 3:40 AM to 4:00 AM, during which time no
detention deputy intervened to stop the fight. The fight began at approximately
3:40 when inmate Larry Turner Dawson, #A0256389, beat inmate John Goodall,
#A0251684, with a weapon, a sock containing an object. The fight was over a
blanket left by inmate Ronald Vince Foreman, #A0114985, who was taken to
prison to serve a 15 year sentence for killing his wife.
Med-B is a medical pod for inmates with physical disabilities.

Med-C is a so-called psyche ward for inmates with psychological problems.
On information and belief, inmate Larry Dawson was initially housed in the Med-
C pod for being classified as a person with a psychological disorder. Dawson was
subsequently transferred to Med-B because of fighting with inmates in the psyche
ward. In other words, Dawson should not have been placed in the Med-B pod, it
was a misclassification that endangered every inmate in the Med-B pod.
The attack by Larry Dawson on John Goodall raged from one end Med-B to the
other, as Dawson chased Goodall and beat him in plain view of the video cameras,
for approximately 20 minutes. John Goodall suffered significant bruising and
lacerations to his arm which he used to block the blows by Dawson who hit him
with the weapon. At times the inmates were on the floor fighting. The fighting was
intense. Inmate Bobby Dwayne Watts, #A0025779 left his bunk for safety, lest he
be hit during the fight. At one point inmate George Odom, #A0234991 intervened
unsuccessfully to stop the fight, by placing himself between Dawson and Goodall.
I believe Deputy T. Frye, ID # 6375, and Deputy De La Cruz, ID # 6614, were on

duty, but neither deputy was in the pod, and neither deputy responded to the fight
that was captured on video. The fight ended on its own around 4:00 AM.
Later on February 20, 2023, at the 10:00 PM final count, I submitted an Inmate
Request Form complaining about the failure of any detention deputy to stop the
fight. Deputy De La Cruz gathered all the Inmate Request Forms from the table,
and took the forms out of the pod to the rovers area without reading or signing
them, and did not leave my inmate copy on the table as required.
2
General Counsel
Shortly after 10:00 PM I believe the deputies read my Inmate Request Form and
viewed video of the fight, perhaps for the first time. Inmates Larry Dawson, John
Goodall, and George Odom were called out of Med-B to the rovers area. Deputy T.
Frye later removed the bedding and property of inmate Larry Dawson from Med-
B. Dawson did not return and was apparently moved elsewhere in the jail.
Deputy De La Cruz never provided me my copy of the Inmate Request Form. I

asked for my copy of the form several times from her, and from T. Frye, to no
avail. This is a public records request for my inmate copy of the form.
If I had not submitted an Inmate Request Form complaining about the jail's failure
to stop the fight on February 20, 2023, from 3:40 AM to 4:00 AM, this violent
event would not have been documented. Even with my complaint, it took the jail
18 hours to investigate this event. This lack of security is unacceptable. This lack
of security shows a fatal defect in relying on rovers area video for inmate safety. In
my view this event was a direct result of the misclassification of inmate Larry
Dawson, who was wrongly moved from the psyche ward to the Med-B pod.
I made a record of this event to show a fatal defect in inmate security at the jail.
Previously I was threatened by an inmate wrongly moved from the psyche ward to
the Med-B pod, inmate Priness Remyre-Antonia Fields, inmate #A0078654.
Priness Fields is an inmate who has been held in the Marion County Jail on at least
27 different occasions, for which State Attorney William Gladson failed/refused to
provide me or my attorney any Brady material, see the attached discovery, and
supplemental discovery by the state filed April 4, 2022.
For over a month I reported problems with Fields to the jail, initially to Deputy M.
Frye, ID # 6436, at 3:00 AM. Inmate Fields' bunk was next to my bunk. Fields
would often awake in the middle of the night. Fields would talk to himself, or read
out loud, and swing his jail-provided cane into the air by my bunk as I slept. I was
in fear for my safety as I slept because of Fields' behavior. I again complained to
Deputy M. Frye, and asked if she reported my previous complaint. Deputy M. Frye
said she reported my complaint with Fields to the jail, but no action was taken, and
there was nothing else she could do to protect me.
Fields argued and had problems with other inmates. Fields decorated his bunk with
nonsensical signs and objects, and left objects on the floor in the shared driveway
3
General Counsel
between our bunks. Because my bunk was situated on the end of a row, I had to
share a common driveway with Fields. Fields also made false accusations against
me, including that I took his canteen items. Each week I bought $50 in canteen for
myself while in jail.
Fields was upset that I would not trade canteen items with him. When Fields did
not get his way, he accused me of racism, and did so in a loud way to attract
attention. This did not work because the other inmates knew I was not racist.
On or about March 20, 2022, I observed inmate Fields take a breakfast food tray
from inmate Joseph Gerald Gosik inmate #A0087578, in view of the video camera
and in view of the deputies handing out food trays. The deputies saw Fields take
the food tray from Gosik but did not take any action. Joseph Gosik is a former law
enforcement officer from the state of New York. Gosik told me that officers would
avoid taking complaints because they did not want to do the paperwork involved,
especially near the end of a shift. Fields, who had a cane, did not appear to have
any problem walking when he stole the food tray from Joseph Gosik.
I told Fields that I saw him take the food tray from Gosik. Fields responded
"someone should kill you". I reported Fields' threat to Deputy C. Washington, ID #
6444, and to Corporal E. James, ID 5963, to no avail. Over the following days
Fields repeated his death threat against me, and increased his obnoxious rhetoric.
The jail took no action to protect me from Fields. I feared that Fields would hit me
with the cane as I slept and cause me serious injury or death.
On March 23, 2022 Fields hit me repeatedly with the cane during an altercation.
Fields, DOB 02/05/1985 (age 38), height 6"3" and weight 200 pounds, should have
been charged with battery on me, a person over age 65, and making death threats.
When I was released from jail on April 7, 2022, I still had bruises on my upper
body from Fields hitting me with a cane. I made photos of my bruised body and
provided them to Mr. Lashley, to no avail. The jail failed to protect me from Fields,
like the jail failed to protect John Goodall from Larry Dawson.
I provided the following names of witnesses for my defense in case no. 2022-CF-
1143 to attorney John Klein by letter dated January 29, 2023, copy available:
Officer M. Frye Inmate Joseph Gosik Dr. Colon, former

Officer T. Frye Inmate Raul Lopez Medical Director
4
General Counsel
Officer Washington Inmate Servando Ferguson

Officer James (sic) Inmate Thomas Dukes
When I was held in the jail beginning January 25, 2023, I told Deputy M. Frye that
I planned to take her deposition in case no. 2022-CF-1143. However Frye said she
did not recall my complaints to her about inmate Fields. I believe this is evidence
showing a need for a form where an inmate can make a written complaint about
threats or other security events to establish a record for the inmate.
I also spoke with Deputy T. Frye, and he agreed with me that inmate Fields should
not have been housed in the Med-B pod. I plan to take his deposition.
In conclusion, I was held in the Bucks County Jail, Doylestown, PA, for 95 days,
from February 4, 2021 through May 10, 2021. The Bucks County Jail had two
Correction Officers present in each pod at all times, providing direct visual
supervision of the inmates. The Correction Officers were virtually all male, and
were required to be in good physical condition to perform their job. They were
prohibited from carrying any type of weapon, no pepper spray, and no stun gun.
They only carried handcuffs and a radio. If pepper spray was needed, it had to be
authorized by a sergeant, and was administered in a group of 5 officers.
The Pennsylvania Correction Officers were very professional, and there were
virtually no problems, compared to the nonsense I witnessed in the Marion County
Jail. In addition, each inmate was assigned a caseworker who had an office in the
pod. The pods were two story style with two man cells, and a few single cells,
about 88 inmates total. Inmates could write letters and send cards to friends and
family in stamped envelopes that were sealed and not read by the jail. Each pod
had two large screen televisions with two rows of theater seating each. Inmates
could buy $88 of commissary twice a week. Inmates could purchase clothing and
shoes, along with coffee and chocolate, and a wide range of items, including full
size pens, nail clippers, full size tooth brushes, writing paper, greeting cards, and
all the postage stamps an inmate could afford, without needing special permission.
Inmates could also purchase a personal 13 inch television and/or a radio.
There was also a functioning law library that provided copies without cost. Inmates
were permitted to receive legal mail from nonlawyers, and personal mail that
would fit in a standard size business envelope. Inmates were provided a large
storage bin to hold their property. The atmosphere was safe and peaceful.
5
General Counsel
I am providing this to Dr. Colon-Reyes, the former Medical Director of the Marion
County Jail. Dr. Ivette Colon-Reyes, MD, License Number: ACN40, Heart of
Florida Healthcare, is now in private practice at West Marion Family Practice in
Ocala. I may take the deposition of Dr. Colon-Reyes in case no. 2022-CF-1143.
Please provide the jail records for Priness Remyre-Antonia Fields, inmate
#A0078654. After his incident with me, I understand Fields was sent to the hole
for a period of time, the jail took away the cane it provided him, and he served the
rest of his time in the jail psyche ward, Med-C. Please provide the surveillance
video for Med-B from February 1, 2022 through April 7, 2022. Please provide my
copy of the Inmate Request Form I submitted February 20, 2023 reporting the fight
in Med-B involving inmates Larry Dawson and John Goodall. Thank you.
Sincerely,
Neil J. Gillespie
2801 SW College Road, Suite 3
Ocala, Florida 34474
Tel: 352-239-9037
Email: celticein@yahoo.com
Email: neil.gillespie.wh88@wharton.upenn.edu
Cc: Ivette Colon-Reyes, MD

License Number: ACN401
8599 SW HWY 200
West Marion Family Practice
Ocala, FL 34481
Email: ivettecolonmd@gmail.com
Attachments
6
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Version: 30-Nov-2021
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Notice of Prosecutorial Misconduct Case 2022-Cf-1143

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Notice of Prosecutorial Misconduct Case 2022-Cf-1143

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Filing # 178008132 E-Filed 07/21/2023 09:34:27 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

THE STATE OF FLORIDA,

NEIL JOSEPH GILLESPIE

DEFENDANT’S NOTICE OF PROSECUTORIAL MISCONDUCT

Defendant NEIL JOSEPH GILLESPIE, a nonlawyer reluctantly appearing pro se,

hereby gives Notice of Prosecutorial Misconduct, and states:

ID #5212, Report Number MCSO55ARR71609S, Case/Cad Number MCSO22OFF005832.

Elimination Act, and failed to adequately investigate misconduct by Detention Deputies

7 THE COURT: Okay, all right. Here’s what I’m going

6. The alleged victim in case 2020-CF-2417, Sarah M. Thompson, Inmate ID #A0223902,

jail on May 12, 2021.

County of Marion, and the State of Florida.

PRINESS REMYRE-ANTONIO FIELDS by intentionally touching or striking PRINESS

REMYRE-ANTONIO FIELDS against his will, or by intentionally causing bodily harm, in

violation of Florida Statutes 784.082(3) and 784.03.

oath from the material witness or witnesses of the offense.

DISCOVERY EXHIBIT showing the following witnesses:

PRINESS REMYRE-ANTONIO FIELDS (no address provided)

TOMMY FRYE, MARION COUNTY SHERIFF’S OFFICE

BRYTNEE LOLLI, HEART OF FLORIDA (MCJ)

NATHAN MCLAIN, MARION COUNTY SHERIFF’S OFFICE

the DEFENDANT’S STATEMENTS to the STATE'S DISCOVERY EXHIBIT as follows:

a statement in the State’s Discovery Exhibit: BRADY EVIDENCE: NONE.

16. A docket entry on May 4, 2022 shows “BENCH WARRANT RECALLED”.

SUPPLIMENTAL DISCOVERY EXHIBIT #1 showing the following in part:

NAMES AND ADDRESSES

a statement in the Supplemental Discovery Exhibit #1: BRADY EVIDENCE: NONE.

SUPPLIMENTAL DISCOVERY EXHIBIT #1 on the Defendant’s attorney, D. Gary Lashley Jr.

D. Gary Dashley Jr., Esq.

Attorney for Defendant,

MOTION FOR DISCLOSURE OF IMPEACHING INFORMATION

1 THE COURT: All right. All right, Mr. Gillespie,

DEFENDANT’S NOTICE OF CLAIM OF IMMUNITY UNDER

Defendant NEIL JOSEPH GILLESPIE (“Gillespie”), a nonlawyer appearing pro se,

State Attorney’s Office

immediately sentenced him to 30 days in the Marion County Jail.

crime committed by the Defendant while he was out on bond.

Withdraw Plea After Sentencing, see

MOTION TO WITHDRAW PLEA AFTER SENTENCING

MOTION TO WITHDRAW PLEA AFTER SENTENCING without a hearing.

Misconduct, and states in relevant part:

Timothy T. McCourt Corrected June 8, 2023

Information about innoVi Genetec Integration by Agent Vi is available online. Basically,

When: Analytics Event - Person Moving Occurs

Med-B is a medical pod for inmates with physical disabilities.

Officer M. Frye Inmate Joseph Gosik Dr. Colon, former

consists of 186 pages and show in part:

Incident Report # 220001900

CLASS A-2C: CONDUCT WHICH DISRUPTS OR

CLASS A-6A: DISOBEYING WRITIEN OR VERBAL ORDER(S)

Incident Report # 17005798, 12/18/2017, Officer Zachary Marcello ID #5821, PREA

ON 12/18/17 AT APPROXIMATELY 1100 HOURS WHILE BRINGING AN INMATE

SEPARATED, FIELDS IS NOW HOUSE ALONE AND KEEP AWAYS ARE IN

MEMORANDUM OF LAW IN SUPPORT

MOTION FOR DISCLOSURE OF IMPEACHING INFORMATION

Due process prohibits the suppression by the Government of evidence favorable to

79S. Ct. 1173,3 L. Ed. 2d 1217 (1959).

As observed by the Supreme Court in Napue v. Illinois:

"The jury's estimate of the truthfulness and reliability

Disclosure of information tending to impeach witnesses' credibility must be timed to

"Disclosure by the government must be at such time as to allow

"appropriate" to allow proper implementation of Brady v. Maryland and that disclosure

S. Ct. 195,34 L. Ed. 2d 145 (1972).