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Judge Martha J. Cook Star Chamber Proceedings

Star chamber proceeding

Star chamber proceedings n. any judicial or quasi-judicial action, trial, or hearing which so grossly violates standards of "due process" that a party appearing in the proceedings (hearing or trial) is denied a fair hearing. The term comes from a large room with a ceiling decorated with stars in which secret hearings of the privy council and judges met to determine punishment for disobedience of the proclamations of King Henry VIII of Great Britain (1509-1547).

The high-handed, unfair, predetermined judgments, which sent the accused to The Tower of London or to the chopping block, made "star chamber" synonymous with unfairness and illegality from the bench. In modern American history the best example of star chamber proceedings was the conduct of the House UnAmerican Activities Committee (1938-1975) which used its subpena power to intimidate citizens by asking them unconstitutional questions about their political beliefs and associations, and then charging them with contempt of Congress for refusing to answer. Another example was the conduct of criminal proceedings against black defendants in some southern states from 1876 until the late 1960s.
Read more here on the free dictionary

Is Hillsborough 13th Circuit Court a kangaroo court? A kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted". The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or by allowing no defense at all. A kangaroo court's proceedings deny, hinder or obstruct due process rights in the name of expediency. The first recorded use of the term kangaroo court dates to 1853 in Texas. It comes from the notion of justice proceeding "by leaps", like a kangaroo. 

Order of Recusal, Judge Cook, November 18, 2010

Order of Recusal, Judge Cook, November 18, 2010
2010, 11-18-10, Sua Sponte Order to Recu[...]
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Petition For Writ of Prohibition To Disqualify Judge Martha J Cook, with Motion For Order of Protection

Petition for Writ of Prohibition to Disqualify Judge Martha J. Cook, Motion for Order of Protection, November 18, 2010 (w/o exhibits)
2010, 11-18-10, Petition For Writ of Pro[...]
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Petition for Writ of Prohibition WITH EXHIBITS (large file, 41.2 MB), November 18, 2010
2010, 11-18-10, Petition For Writ of Pro[...]
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Petition for Writ of Prohibition, Notice of Filing Supplemental Information, November 20, 2010
2010, 11-20-10, Writ of Prohibition, Not[...]
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Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. Commentary, Canon 1, Code of Judicial Conduct

Circuit Court Judge Martha J. Cook

 

The Honorable Martha J. Cook

Hillsborough Circuit Civil Court, Division G

Thirteenth Judicial Circuit

800 E. Twiggs St., Room 511
Tampa, Florida 33602

http://www.fljud13.org/JudicialDirectory/MarthaJCook.aspx

Read about Circuit Judge Martha J. Cook’s bank here at the bottom of the Banking page on the Justice Network

Judge Martha J Cook denied the basic requirements of justice, fairness and equality that we should all expect from our courts. Judge Cook’s departure from the Code of Judicial Conduct and the rule of law offends public policy and recalls one of the most celebrated dissents law, Lord Atkin’s citation of Lewis Carroll’s Through the Looking Glass in Liversidge v. Anderson [1942] AC 206 at 245.

‘When I use a word,’ Humpty Dumpty said, in a rather a scornful tone, ‘it means just what I choose it to mean—neither more nor less.’

‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’

‘The question is,’ said Humpty Dumpty, ‘which is to be master that’s all.’

Star Chamber
From Wikipedia, the free encyclopedia

The Star Chamber (Latin: Camera stellata) was an English court of law that sat at the royal Palace of Westminster until 1641. In modern usage, legal or administrative bodies with strict, arbitrary rulings and secretive proceedings are sometimes called, metaphorically or poetically, star chambers. This is a pejorative term and intended to cast doubt on the legitimacy of the proceedings. The inherent lack of objectivity of any politically motivated charges has led to substantial reforms in English law in most jurisdictions since that time. Read more here

Holland & Knight declines representation

 

Bradford Kimbro, Executive Partner of Holland & Knight's Tampa Bay region, declined limited representation at court-ordered deposition by Judge Cook. Read his letter below.

 

Holland & Knight LLP


Over 1,000 lawyers, and no one available!

Request for representation to Mr. Kimbro
2010, 11-03-10, NJG to Bradford Kimbro, [...]
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Mr. Kimbro refused request without reading letter
2010, 11-04-10, reply from Bradford Kimb[...]
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Pleadings in Neil J. Gillespie v Barker, Rodems & Cook, P.A. and William J. Cook, Case No.: 05-CA-007205, General Civil Division, Circuit Court, Thirteenth Judicial Circuit, Hillsborough County, Florida

Motions to Disqualify Judge Martha J. Cook

Plaintiff’s 5th Motion To Disqualify Judge Cook

Plaintiff’s 5th Motion To Disqualify Judge Martha J. Cook, November 10, 2010
2010, 11-10-10, P's 5th Motion Disqualif[...]
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Order Denying 5th Motion To Disqualify Judge Cook, November 15, 2010
2010, 11-15-10, Order Denying Fifth Moti[...]
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Plaintiff’s 4th Motion To Disqualify Judge Cook

Plaintiff’s 4th Motion To Disqualify Judge Martha J. Cook, November 10, 2010
2010, 11-10-10, P's 4th Motion to Disqua[...]
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Order Denying 4th Motion To Disqualify Judge Cook, November 15, 2010
2010, 11-15-10, Order Denying Fourth Mot[...]
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Emergency Motion to Disqualify Judge Martha J. Cook

November 1, 2010, Emergency Motion to Disqualify Judge Martha J. Cook
2010, 11-01-10, Emergency Motion to Disq[...]
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November 1, 2010, Notice of Filing Affidavits
2010, 11-01-10, Notice of Filing Affidav[...]
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November 2, 2010, Order Denying Emergency Motion to Disqualify Judge Martha J. Cook
2010, 11-02-10, Order Denying Emergency [...]
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Judge Cook falsified record of panic attack, ADA

1. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook, falsified record of Gillespie’s panic attack; ADA
10-28-2010, AFFIDAVIT of NJG, Judge Cook[...]
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Judge Cook falsified record, denied due process

2. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook falsified an official court record, and unlawfully denied Gillespie due process on the disqualification of Ryan Rodems
10-28-2010, AFFIDAVIT of NJG, Judge Cook[...]
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Judge Cook removed NJG from hearing, feigning illness

3. Affidavit of Neil J. Gillespie, October 28, 2010, Judge Martha J. Cook ordered Gillespie removed from the hearing of September 28, 2010, and accused Gillespie in open court of feigning illness; ADA
10-28-2010, AFFIDAVIT of NJG, Judge Cook[...]
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Judge Cook, Final Summ Judgment, phony TILA claims

Affidavit of Neil J. Gillespie, November 1, 2010, Judge Martha J. Cook ordered Gillespie removed from the hearing on Defendants’ Final Summary Judgment Count I, proceeded without Gillespie, granted SJ
for Defendants on TILA fees previously denied with prejudice and by three different federal courts
11-01-2010, AFFIDAVIT of NJG, Judge Cook[...]
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Judge Cook falsified contempt order

5. Affidavit of Neil J. Gillespie, November 1, 2010, Judge Martha J. Cook ordered Gillespie removed from the hearing on Defendants’ Motion for an Order of Contempt and Writ of Bodily Attachment, then
falsified the Order stating Gillespie voluntarily left the hearing and did not return
11-01-2010, AFFIDAVIT of NJG, Judge Cook[...]
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Letter of Dr. Karin Huffer, October 28, 2010

Letter of Dr. Karin Huffer, October 28, 2010
10-28-2010, letter of Dr. Karin Huffer.p[...]
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Prior Motions to Disqualify Judge Martha J. Cook

July 27, 2010, Order Denying Motion to Disqualify Circuit Court Judge Martha J. Cook
2010, 07-27-10, ORDER Denying Motion to [...]
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July 23, 2010, Plaintiff’s Motion to Disqualify Judge Martha J. Cook
2010, 07-23-10, P's Motion to Disqualify[...]
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June 16, 2010, Order Denying Motion to Disqualify Circuit Court Judge Martha J. Cook
2010, 06-16-10, ORDER Denying Motion to [...]
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June 14, 2010, Plaintiff’s Motion to Disqualify Circuit Court Judge Martha J. Cook
2010, 06-14-10, P's Motion to Disqualify[...]
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Judge Cook’s Conflict of Interest on Disability Issues

 

Circuit Court Judge Martha J. Cook has a conflict of interest on matters involving disability and the Americans with Disabilities Act (ADA) because her daughter is disabled and Judge Cook seeks publicity about the disability and is emotional about the disability. 

Code of Judicial Conduct, Canon 3E, Disqualification

Code of Judicial Conduct, Canon 3E, Disqualification (1) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances where: (a) the judge has a personal bias or prejudice concerning a party (relevant portion).

Paragraph 8, Plaintiff’s Motion to Disqualify Judge Martha J. Cook, July 23, 2010

Judge Cook is biased toward Gillespie on matters of disability. Judge Cook is emotional on matters of disability because daughter Hilary Sedgeman is disabled. This information is public knowledge and Judge Cook seeks publicity about her daughter’s disability. In a St. Petersburg Times story May 13, 2009 reporting on Hilary Sedgeman’s disability, the Times wrote "Her mother, Hillsborough Circuit Judge Martha Cook, fought back tears as Sedgeman told the story." (Exhibit B). Another story published April 12, 2001, Birthing Bad Legislation (Exhibit C) wrote "Martha Cook-Sedgeman, chokes up with happiness as she describes her daughter" Hilary who was born two months premature. Her birth mother exited when Hilary was 1 day old. There were clearly problems at birth, which would become apparent later as a 70 percent loss of hearing. The Sedgemans, who had arranged to adopt Hilary before her birth, had to guarantee an unexpected $100,000 in medical bills. "The costs were staggering," Martha recalls.

Plaintiff’s Motion to Disqualify Judge Martha J. Cook, July 23, 2010
2010, 07-23-10, P's Motion to Disqualify[...]
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Exhibit B, Plaintiff’s Motion to Disqualify Judge Martha J. Cook, July 23, 2010
Exhibit B, Plaintiff’s Motion to Disqual[...]
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Exhibit C, Plaintiff’s Motion to Disqualify Judge Martha J. Cook, July 23, 2010
Exhibit C, Plaintiff’s Motion to Disqual[...]
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Judge Cook's Intentional Infliction of Severe Emotional Distress on Gillespie

Emergency Motion to Disqualify Judge Martha J. Cook, November 1, 2010
2010, 11-01-10, Emergency Motion to Disq[...]
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From Emergency Motion to Disqualify Judge Martha J. Cook:

Judge Cook Intentionally Inflicting Severe Emotional Distress on Gillespie


8.    Dr. Karin Huffer, Gillespie’s ADA advocate, wrote a book "Overcoming the Devastation of Legal Abuse Syndrome". Legal Abuse Syndrome is an injury, a sub-category of PTSD, Post Traumatic Stress Disorder.


9.    Dr. Huffer says misinformation by the court triggers symptoms of Legal Abuse Syndrome. The psychic injury is a barrier to due process because your body may be present in court but your mind is not, and that is a violation of civil rights and the ADA.


10.    Judge Cook is knowingly and willfully harming Gillespie through a confusion technique. Judge Cook is doing this to help Mr. Rodems and Barker, Rodems & Cook prevail over Gillespie in the lawsuit over which she presides. Judge Cook knowingly introduced false information into the court record and other such as a coercive technique used to induce psychological confusion and regression in Gillespie by bringing a superior outside force to bear on his will to resist or to provoke a reaction in Gillespie. The CIA manual on torture techniques, the KUBARK manual, calls this the Alice in Wonderland or confusion technique.


11.    A letter from Dr. Huffer in support of Gillespie is attached to this motion to disqualify. (Exhibit 3). The letter shows that Gillespie has been subjected to ongoing denial of his accommodations and exploitation of his disabilities. Dr. Huffer wrote:


"As the litigation has proceeded, Mr. Gillespie is routinely denied participatory and testimonial access to the court. He is discriminated against in the most brutal ways possible. He is ridiculed by the opposition, accused of malingering by the Judge and now, with no accommodations approved or in place, Mr. Gillespie is threatened with arrest if he does not succumb to a deposition. This is like threatening to arrest a paraplegic if he does not show up at a deposition leaving his wheelchair behind. This is precedent setting in my experience. I intend to ask for DOJ guidance on this matter." (Dr. Huffer, October 28, 2010, paragraph 2)


12.    In support of and accompanying this motion is Plaintiff’s Notice of Filing Affidavits, the Affidavits of Neil J. Gillespie showing that Judge Martha J. Cook is prejudiced against Gillespie. See the affidavits listed above.

Fidel Castro for Judge ad litem? Read more below

 

Mr. Fidel Castro studied law at the University of Havana and holds a Doctor of Laws degree. The University of Havana was founded in 1728.

 

To many Cuban people, Fidel Castro is their revolutionary leader, like the American Revolution leader George Washington.


Tampa Port Officials Traveled To Cuba

Pat Frank

Tampa Port Officials Traveled To Cuba

St. Petersburg Times

By STEVE HUETTEL

June 12, 2003

 

Hillsborough County Commissioner Pat Frank, Port Counsel Dale Bohner, part of delegation

 

TAMPA - With permission from the federal government in hand, Tampa Port Authority officials are gearing up for a trade trip to Cuba, and it may happen as soon as next month. The agency wants to talk with Cuban officials about shipping agricultural products they buy from Tampa Bay area companies through Tampa instead of other Florida ports. The agency hasn’t set a date or decided who will make the trip, said port counsel Dale Bohner. Read more here

Fidel Castro for Judge ad litem, § 38.13 Florida Statutes

Nelson Mandela with Castro after his release from prison on July 27, 1991, in Matanzas, Cuba. Their combined anti-apartheid speeches from the event were published as the book How Far We Slaves Have Come! Read more here on Wikipedia

Fidel Castro for Judge ad litem, § 38.13 Florida Statutes. Time to Look Outside the Box - Perhaps Outside Florida

Fidel Castro studied law at the University of Havana and holds a Doctor of Laws degree. As an attorney Mr. Castro meets the requirement of § 38.13 Florida Statutes

From the Emergency Motion to Disqualify Judge Martha J. Cook, November 1, 2010:

Emergency Motion to Disqualify Judge Martha J. Cook, November 1, 2010
2010, 11-01-10, Emergency Motion to Disq[...]
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Section 38.13 Florida Statutes, Judge ad litem

18.    Gillespie successfully disqualified Judge Barton in this case for thousands of dollars paid by the Defendants to Ms. Chere J. Barton, President of Regency Reporting Service, Inc. of Tampa for her services. Chere Barton is the wife of and married to Judge Barton. In paragraph 86 of Gillespie’s motion to disqualify Judge Barton he requested relief under Section 38.13 Florida Statutes:

86. Because Plaintiff believes the Thirteenth Judicial Circuit is unable to lawfully adjudicate this lawsuit, Plaintiff believes other alternatives must be considered. Section 38.13 provides for a Judge ad litem.

38.13 Judge ad litem; when may be selected in the circuit or county
court.--When, from any cause, the judge of a circuit or county court is disqualified from presiding in any civil case, the parties may agree upon an attorney at law, which agreement shall be entered upon the record of said cause, who shall be judge ad litem and shall preside over the trial of, and make orders in, said case as if he or she were the judge of the court.

Nothing in this section shall prevent the parties from transferring the cause to another circuit or county court, as the case may be.

The operative part of this option is the last sentence: "Nothing in this section shall prevent the parties from transferring the cause to another circuit or county court, as the case may be." Plaintiff believes this lawsuit should be transferred to another court.

19.     Gillespie sought a Judge ad litem through Upchurch Watson White & Max and had email discussion with Ben F. Overton, Esquire, Senior Justice (Retired). Judge Overton said he had other commitments. Gillespie also contacted Pedro F. Bajo, Chair of the 13th Circuit JNC to no avail.

Time to Look Outside the Box - Perhaps Outside Florida


20.    Upon information and belief, Mr. Fidel Castro is by profession an attorney at law and currently the First Secretary of the Communist Party of Cuba. Nothing in §38.13 Florida Statutes limits the selection of a Judge ad litem to a Florida licensed attorney or mandates a Florida court. Clearly the Florida courts have not been able to lawfully adjudicate this lawsuit. The Republic of Cuba is the nearest sovereign to the state of Florida. Mr. Castro studied law at the University of Havana and holds a Doctor of Laws degree. The University of Havana, founded in 1728, currently offers a Faulty of Law. Gillespie would accept Mr. Castro or his designee as Judge ad litem.

21.    Mr. Castro is a revolutionary leader of Cuba and viewed by many not unlike Americans view its revolutionary leaders such as George Washington. Whatever one may think of Mr. Castro’s past, he currently displays integrity. August 2010, Castro called the sending of openly gay men to labor camps without charge or trial "moments of great injustice, great injustice!" saying that "if someone is responsible, it's me."  

22.    For the record, Gillespie is a patriotic American, he loves and defends America and the Constitution of The United States, and the Constitution of the State of Florida. Gillespie is law abiding and has no criminal record. Gillespie believes in free market capitalism and is a college graduate and a former business owner. Gillespie volunteered for service in the military of the United States in the months prior to the Persian Gulf War but was ineligible due to disability. Gillespie’s family and relatives have served in all branches of the US military and fought in wars from the Spanish-American War through the Iraq War.

 

"As I have said before, the ever more sophisticated weapons piling up in the arsenals of the wealthiest and the mightiest can kill the illiterate, the ill, the poor and the hungry, but they cannot kill ignorance, illness, poverty or hunger."

 

                            – Fidel Castro, 2002 

Request for Investigation

Injustice

From Wikipedia, the free encyclopedia

Injustice is the lack of or opposition to justice, either in reference to a particular event or act, or as a larger status quo. The term generally refers to misuse, abuse, neglect, or malfeasance that is uncorrected or else sanctioned by a legal system. Misuse and abuse with regard to a particular case or context may represents a systemic failure to serve the cause of justice (cf. legal vacuum). Injustice means "gross unfairness." Injustice may be classified as a different system in comparison to different countries concept of justice and injustice. Read more here

Request for criminal prosecution, ch 825, Fla. Stat.

Major Livingston: Request for criminal prosecution of Judge Martha J. Cook and Attorney Ryan Christopher Rodems, chapter 825, Florida Statutes, Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults, April 20, 2011

NJG to Major Livingston, ch 825, Fla Stat
April 20, 2011
2011, 04-20-11, NJG to Major Livingston,[...]
Adobe Acrobat document [2.0 MB]
Affidavit of Neil J. Gillespie
April 25, 2011
2011, 04-25-11, Affidavit of NJG.pdf
Adobe Acrobat document [2.5 MB]

Request for Investigation of Judge Cook, follow-up

(by email, February 2, 2011)

Major Livingston:

This is a follow-up to my email of January 31, 2011 requesting an investigation of Judge Martha Cook.

Judge Cook’s misconduct September 28, 2010 was not an isolated incident. September 27, 2010 I provided Colonel Previtera my affidavit that Judge Cook created a false record of events surrounding a panic attack July 12, 2010. (copy attached). October 7, 2010 I asked Colonel Previtera about Judge Cook’s wrongdoing and what action would be taken. Colonel Previtera did not respond. I provided you copies of the communication.

In yet another instance, Judge Cook created a false record in her order dated July 22, 2010. The order benefited opposing counsel by unlawfully creating a false record of Judge Nielsen’s order of May 12, 2006. Judge Nielsen's order allowed reconsideration of disqualification of Mr. Rodems on the basis that he was a witness. Judge Cook issued a new order that created a false record of Judge Nielsen's ruling to benefit Mr. Rodems. See my affidavit of October 28, 2010, attached as exhibit 2. It shows Judge Cook falsified a record in violation of section 839.13(1), Florida Statutes, engaged in official misconduct in violation of section 838.022, Florida Statutes, and mislead a public servant, the Clerk of the Court, in the performance of her official duty in violation of section 837.06, Florida Statutes.

Circuit Court Judges are given tremendous power which they must have to enforce the law and ensure justice in Florida. Preventing abuse of this authority, however, is equally necessary to the health of Florida’s democracy. Judge Cook willfully deprived me of rights protected by law.

Major Livingston, you are uniquely qualified to know and understand Judge Cook’s violation of Florida Statutes under the color of law. You earned degrees in law and criminal justice, and served as a Supervisory Special Agent in the Federal Bureau of Investigation with a 22-year career. When will Judge Cook be held accountable?

Thank you for your consideration.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807
http://yousue.org/request-for-investigation/

cc: Dr. Karin Huffer
Alex Newman, Liberty Sentinel Media
Brian S. Kramer, Esq.
Paul Hill, General Counsel, TFB

2010, 09-27-10, fax to Col Previtera, J Cook, ADA
September 27, 2010
2010, 09-27-10, fax to Col Previtera, J [...]
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10-28-10, AFFIDAVIT of NJG, J Cook, disqualif Rodems, false record
Exh 2, 10-28-10, AFFIDAVIT of NJG, J Coo[...]
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Request for Investigation of Judge Martha J. Cook

(by email, January 31, 2011, PDF below)

Major Livingston:

This is in response to your letter of January 12, 2011 that confirmed my assertion that Judge Cook ordered me removed from the courtroom September 28, 2010, and that I did not leave voluntarily. Your letter is evidence that Judge Cook falsified a record when she wrote that I voluntarily left the hearing in her contempt order dated September 30, 2010. Attached you will find my affidavit of November 1, 2010, exhibit 5, swearing to the foregoing. Judge Cook falsified a record in violation of Florida Statutes, section 839.13(1) as set forth in my affidavit.

As for the timing and circumstances under which Judge Cook ordered me removed, I take issue with the following. You wrote that "[I] made contact with Deputy Christopher E. Brown concerning your request for an explanation regarding why he escorted you out of the courthouse on September 28, 2010 after a hearing with Judge Martha Cook."

Please be advised that Judge Cook ordered me removed at the beginning of the hearing, not "after" as inferred by your letter. The hearing was transcribed and the relevant pages are part of my affidavit dated November 1, 2010 marked exhibit 5 and attached hereto.

As for the circumstances of the removal, you wrote that "Deputy Brown advised that the Judge ordered you to leave after a disruption in the courtroom." I take issue with the "disruption" characterization. The record shows I made appropriate speaking motions for the circumstances.

Attached you fill find Dr. Karin Huffer’s letter dated October 28, 2010. Dr. Huffer is my ADA Advocate. Dr. Huffer wrote that she created a reasonable ADA Accommodation request for me and that document was properly and timely filed. Nonetheless Court Counsel David Rowland denied the request by letter dated July 9, 2010.

Dr. Huffer also wrote I have been subjected to ongoing denial of accommodations, exploitation of my disabilities, am routinely denied participatory and testimonial access to the court, discriminated against in brutal ways, ridiculed by the opposition, and accused of malingering by the Judge. Dr. Huffer also wrote that I face risk to life and health and exhaustion of the ability to continue to pursue justice.

Because of the foregoing it was appropriate for me to file a federal ADA/Civil Rights lawsuit against the 13th Judicial Circuit, see Gillespie v 13th Judicial Circuit et al, case no. 5:10-cv-00503, United States District Court, Middle District of Florida, Ocala Division. Judge Cook is a defendant in her capacity as a judge and personally. You can read about the lawsuit and download the complaint on my website at http://yousue.org/ and here http://yousue.org/litigation/

As set forth in my attached affidavit of October 28, 2010, exhibit 3, my lawsuit against Judge Cook and the 13th Judicial Circuit was filed the morning of September 28, 2010 just after the court opened 8:30am in Ocala, Florida. I had hoped to file the lawsuit weeks earlier but could not. When I arrived in Tampa for the hearing before Judge Cook at 11:00am she was unaware of the lawsuit. Therefore I had a duty to inform her prior to the hearing, and did so by handing a copy of the complaint to Deputy Henderson prior to the hearing and asked him to give it to Judge Cook while she was still in chambers. This was not for service of process, but to inform Judge Cook that she was a defendant in a lawsuit. Rule 3, FRCP, Commencement of Action, a civil action is commenced by filing a complaint with the court.

Deputy Henderson refused to take the complaint from me, and he refused to hand it to Judge Cook in chambers. Instead Deputy Henderson went back to Judge Cook’s chambers where I assume he said something to the judge. As such Deputy Henderson left me no choice but to address the issue in open court as shown in the record.

By way of background, in August 2005 I sued my former lawyers Barker, Rodems & Cook for about $8,000 the lawyers unlawfully took from a settlement. Mr. Rodems is unlawfully representing the firm against me, a former client in a matter that is the same as the prior representation. His independent judgment as a lawyer is compromised by his conflict of interest in this case. On March 6, 2006 Mr. Rodems intentionally disrupted the tribunal with a strategic maneuver to gain an unfair advantage. Mr. Rodems submitted a sworn affidavit that misrepresented an argument we had during a phone call to set a hearing to disqualify him as counsel. In February 2010 Kirby Rainesberger of the Tampa Police Department determined that Mr. Rodems was not right or accurate in representing to the court as an "exact quote" language that clearly was not an exact quote. You can read about the matter here: http://yousue.org/ryan-christopher-rodems/

Initially I had a good working relationship with Judge Nielsen and his judicial assistant Myra Gomez. I prevailed on Defendants’ Motion to Dismiss and Strike September 26, 2005. But after Rodems’ stunt Judge Nielsen did not manage the case properly, favored Defendants in rulings, and responded to me sarcastically from the bench. Judge Nielsen later recused himself as trial judge.

In 2007 I hired Gainesville attorney Robert W. Bauer to represent me. The record shows more hostility from Mr. Rodems, including threats of sanctions. Mr. Rodems filed two section 57.105 motions against Mr. Bauer. Rodems filed four section 57.105 motions against me. Mr. Rodems obtained sanctions of $11,550 against me for discovery errors and a misplaced defense to a phony libel counterclaim. Rodems voluntarily withdrew the counterclaim September 28, 2010. It was an abuse of process to extort a settlement.

Mr. Bauer represented me for over a year. One of his last statements on the record was the following: "…Mr. Rodems has, you know, decided to take a full nuclear blast approach instead of us trying to work this out in a professional manner. It is my mistake for sitting back and giving him the opportunity to take this full blast attack." (transcript, August 14, 2008, emergency hearing, the Honorable Marva Crenshaw, p. 16, line 24).

Mr. Bauer is now facing a bar inquiry over the representation, Florida Bar File No. 2011-00,073(8B). You can read about it here: http://yousue.org/bar-complaint-of-robert-w-bauer/

I regret bringing a lawsuit in Hillsborough County, a jurisdiction plagued by scandal, unprofessional behavior, and worse, as shown here: http://yousue.org/13th-judicial-circuit-hillsborough-co-florida/

From the outset Judge Cook has denied me the basic requirements of justice, fairness and equality that we should all expect from our courts. Acting under the color of law, Judge Cook’s falsification of records and other such are willful acts to intended to deprive or conspire to deprive me of my rights. I request you investigate this matter.

At this time I do not believe it is safe for me to enter the Edgecomb Courthouse or attend any hearings in the 13th Judicial Circuit. My concerns extend beyond Mr. Rodems’ stunts. I am concerned with judges acting unlawfully under the color of law and worse. I am also disappointed by the behavior of Deputy Henderson as described above. And you have my concerns about statements attributed to Deputy Brown.

Please advise what I can expect from you and an investigation of Judge Cook. Thank you.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807

cc: Dr. Karin Huffer
Alex Newman, Liberty Sentinel Media
Brian S. Kramer, Esq.
Paul Hill, General Counsel, TFB

01-31-11, email, NJG to Maj Livingston, investigation
2011, 01-31-11, emai, NJG to Maj Livings[...]
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Exh 5, 11-01-10, AFFIDAVIT of NJG, Judge Cook, contempt order
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Exh 3, 10-28-10, AFFIDAVIT of NJG, Judge Cook, Sep-28-10 hearing
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10-28-10, Dr. Huffer's letter, NJG
2010, 10-28-10, Dr.Huffer's letter, NJG.[...]
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Email from Major James Livingston, January 12, 2011

Mr. Gillespie,


Attached is a copy of your letter dated 11/13/2010, along with my response letter dated today. The original response letter will go out today via U.S. Mail.


Thank you,

 

James P. Livingston
Major - Court Operations Division
Hillsborough County Sheriff's Office
Office: 813-242-5061
Fax: 813-242-1834
jlivings@hsco.tampa.fl.us

01-12-11, email from Maj Livingston, w enc
2011, 01-12-11, email from Maj Livingsto[...]
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Hillsborough County Sheriff’s Office (HCSO)
Commander of the Court Operations Division

Major James Livingston has been with the Sheriff's Office since 2006 and serves as the Commander of the Court Operations Division. The Division is responsible for all aspects of security at the Courthouse Complex, which includes the Edgecomb Courthouse, the Courthouse Annex, the County Center, the State Attorney's Office Building, and the Public Defender's Office Building. The Division also includes the Civil Process Section which serves approximately 150,000 court-related documents each year.

Major Livingston came to the Sheriff's Office from the Federal Bureau of Investigation (FBI), where he retired as a Supervisory Special Agent after a 22-year career. He has over 30 years of experience in the criminal justice field, having served as a juvenile probation officer prior to joining the FBI. He is originally from Memphis, Tennessee where he earned a Law Degree in 1983 and a Bachelor's Degree with honors in Criminal Justice in 1977, both from the University of Memphis. Read more here 

Department of Justice, Federal Bureau of Investigation

The FBI is the lead agency for investigating violations of federal civil rights laws…and we take that responsibility seriously. Why? Because as Director Mueller has said, "When just one of us loses just one of our rights, then the freedoms of all of us are diminished." Find out here how we aggressively investigate and work to prevent hate crime, color of law abuses, human trafficking, and freedom of access to clinic entrances violations—the four top priorities of our civil rights program. And learn how you can report suspected abuses and obtain assistance if you have been victimized. Read more here

Color of Law

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under "color of law" willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. "Color of law" simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way. Read more here