letter to alberto pimentel

8/11/2019 Letter to Alberto Pimentel

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VIA UPS No. 1Z64589FNW98242155 August 28, 2014

Mr. Alberto PimentelStorbeck/Pimentel & Associates, Inc.1111 Corporate Center Drive, Suite 106 RE: Please reject Ricky Polston as the next

Monterey Park, CA 91754 President of Florida State University

Dear Mr. Pimentel:

In my opinion Ricky Polston should be rejected as Florida State University's next president. Theenclosed photograph of Ricky Polston, Claudia Rickert Isom, and Gwynne Alice Young suggestthey were involved in the fraud or impairment of my Petition No. 12-7747 to the Supreme Courtof the United States, a federal crime. Please contact the FBI for more information:

Michelle S. Klimt, Special Agent in Charge Paul Wysopal, Special Agent in ChargeFederal Bureau of Investigation, Jacksonville Federal Bureau of Investigation, Tampa

6061 Gate Parkway 5525 West Gray StreetJacksonville, FL 32256 Tampa, FL 33609

Thirteenth Judicial Circuit Judge Claudia Rickert Isom received the Distinguished JudicialService Award while a Respondent in Petition No. 12-7747 for writ of certiorari to the SupremeCourt of the United States. The Thirteenth Judicial Circuit was also a Respondent.

The award was given to Claudia Isom to rehabilitate her image. The Florida Bar’s announcementnotes, “As a jurist, Judge Isom is not permitted to participate in direct pro bono legal services;however, she is still committed to pro bono work and giving back to the community.”

The award was presented to Isom January 31, 2013, more than 2 weeks before a decision wasrendered in Petition No. 12-7747. This early confidence suggests Ricky Polston et al. knew theoutcome of my petition well before the U.S. Supreme Court Conference on February 15, 2013.

In addition, Florida Solicitor General Timothy Osterhaus failed to appear in Petition 12-7747 on behalf of Florida Attorney General Pam Bondi to represent the State of Florida before the U.S.Supreme Court. The Attorney General also failed to file a waiver to respond to the petition.

2013 Pro Bono Service Awards CeremonyJanuary 31, 2013 - Florida Supreme Court

L-R: Chief Justice Ricky

Polston, Judge ClaudiaRickert Isom, Thirteenth Judicial Circuit, and Florida Bar President Gwynne Alice Young.



Mr. Alberto Pimentel August 28, 2014Storbeck/Pimentel & Associates, Inc. Page - 2

Certainly Ricky Polston, Claudia Isom, and Gwynne Young knew only the Attorney General of Florida may represent the State of Florida in a federal court action

1. Yet none of them objected

when Attorney General Bondi let Ryan Christopher Rodems be the only Respondent to file awaiver of the right to file a response to the petition. Mr. Rodems is a lawyer in private practicewho’s firm stole $7,143 from my settlement in the Amscot case, and is the basis for the petition.

The Supreme Court docket for Petition No. 12-7747 shows the proceedings and orders:

• Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.

• Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file untilDecember 10, 2012.

• Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in forma

pauperis filed. (Response due January 14, 2013)

• Dec 20 2012 Waiver of right of respondents Rayan (sic) Christopher Rodems; and Barker,Rodems & Cook, P.A. to respond filed.

• Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.

• Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)

• Feb 19 2013 Petition DENIED.

• Mar 18 2013 Petition for Rehearing filed.

• Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.

• Apr 15 2013 Rehearing DENIED.

Please find enclosed the following:

•

Portrait of Injustice and Corruption, The Smiling Faces of Evil, Ricky Polston et al.• Authentication of the photograph by Beth C. Schwartz, Court Publication Writer, OSCA

• Petition No. 12-7747 for writ of certiorari, Supreme Court of the United States

• Index to Petition No. 12-7747; 2012 Rule 13.5 Applications; 2011 Rule 22 Applications

• Orders and letter from the Supreme Court of the United States, Petition No. 12-7747.

• Judicial Immunity vs. Due Process, by Robert Craig Waters, Cato Journal

Please contact me by email if you have further questions. Thank you.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop Telephone: 352-854-7807Ocala, Florida 34481 Email: [email protected] Enclosures

1 Art. IV, § 4(b), Fla. Const., F.S. § 16.01(5), and State ex rel. Shevin v. Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).



Portrait of Injustice and Corruption

We are above the law. We answer to no one.

Ricky Polston, Claudia Rickert Isom, and Gwynne Alice Young.

January 31, 2013 - Florida Supreme Court - 2013 Pro Bono Service Awards Ceremony.

_____________________________

The Smiling Faces of Evil ___________________________________________

Thirteenth Judicial Circuit Judge Claudia Rickert Isom received the Distinguished Judicial

Service Award while a Respondent in Petition No. 12-7747 for writ of certiorari to the Supreme

Court of the United States. The Thirteenth Judicial Circuit was also a Respondent No. 12-7747.

“In the American judicial system, few more serious threats to individual liberty can be imagined

than a corrupt judge. Clothed with the power of the state and authorized to pass judgment on the

most basic aspects of everyday life, a judge can deprive citizens of liberty and property in

complete disregard of the Constitution. The injuries inflicted may be severe and enduring. Yet

the recent expansion of a judge-made exception to the landmark Civil Rights Act of 1871, chief

vehicle for redress of civil rights violations, has rendered state judges immune from suit even for the most bizarre, corrupt, or abusive of judicial acts.’ In the last decade this “doctrine of judicial

immunity” has led to a disturbing series of legal precedents that effectively deny citizens any

redress for injuries, embarrassment, and unjust imprisonment caused by errant judges....”

Judicial Immunity vs. Due Process: When Should A Judge Be Subject to Suit?

Robert Craig Waters, Cato Journal, Vol.7, No.2 (Fall 1987). The author is [was] Judicial Clerk

to Justice Rosemary Barkett of the Florida Supreme Court.



No. 12-7747Title: Neil J. Gillespie, Petitioner

v.

Thirteenth Judicial Circuit of Florida, et al.

Docketed: December 14, 2012Linked with 12A215Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (12-11028-B) Decision Date: July 13, 2012

Rule 12.4

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~

Aug 13 2012 Application (12A215) to extend the time to file a petition for a writ of certiorarifrom October 11, 2012 to December 10, 2012, submitted to Justice Thomas.

Sep 13 2012 Application (12A215) granted by Justice Thomas extending the time to file untilDecember 10, 2012.

Dec 10 2012 Petition for a writ of certiorari and motion for leave to proceed in formapauperis filed. (Response due January 14, 2013)

Dec 20 2012 Waiver of right of respondents Rayan Christopher Rodems; and Barker,

Rodems & Cook, P.A. to respond filed.

Jan 24 2013 DISTRIBUTED for Conference of February 15, 2013.

Feb 13 2013 Supplemental brief of petitioner Neil J. Gillespie filed. (Distributed)

Feb 19 2013 Petition DENIED.

Mar 18 2013 Petition for Rehearing filed.

Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013.

Apr 15 2013 Rehearing DENIED.

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~

At torneys fo r Pet itioner:

Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807

Ocala, FL 34481

[email protected]

Party name: Neil J. Gillespie

At torneys fo r Respondents:

Ryan Christopher Rodems Barker, Rodems & Cook, P.A. (813)-489-1001

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-



Counsel of Record 501 East Kennedy Blvd., Suite 790

Tampa, FL 33602

Party name: Rayan Christopher Rodems; and Barker, Rodems & Cook, P.A.

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12-



iv

LIST OF PARTIES

All parties do not appear in the caption of the case on the cover page. A list of all parties

to the proceeding in the court whose judgment is the subject of this petition is as follows:

___________________

U.S. Court of Appeals for the Eleventh Circuit, no. 12-11213

District Court no: 5:10-cv-00503-WTH-TBS

Civil rights and disability law.

Misuse and denial of justice under the color of law.

Plaintiff: (1)

Neil J. Gillespie

Defendants: (10 + 5 individually)Thirteenth Judicial Circuit, Florida

Claudia Rickert Isom, Circuit Judge, and individually

James M. Barton, II, Circuit Judge, and individually

Martha J. Cook, Circuit Judge, and individually

David A. Rowland, Court Counsel, and individually

Gonzalo B. Casares, ADA Coordinator, and individually

Barker, Rodems & Cook, P.A.

Ryan Christopher Rodems, Attorney at Law (Fla. Bar ID: 947652)

The Law Office of Robert W. Bauer, P.A.

Robert W. Bauer, Attorney at Law (Fla. Bar ID: 11058)

___________________

U.S. Court of Appeals for the Eleventh Circuit, no. 12-11028

District Court no: 5:11-cv-00539-WTH-TBS

Civil rights and disability law, civil RICO, antitrust, commerce, estate claims.

Misuse and denial of justice under the color of law.

Plaintiffs: (2)

Neil J. Gillespie

Estate of Penelope Gillespie (deceased)

Defendants: (4 + 1 individually)

Thirteenth Judicial Circuit, Florida

James M. Barton, II, Circuit Court Judge, and individually

The Law Office of Robert W. Bauer, P.A.

Robert W. Bauer, Attorney at Law (Fla. Bar ID: 11058)

_______________________



8

Discussion of the first question presented

1. Can a Florida lawyer in private practice usurp the authority of an Article III

federal judge in a federal civil rights and disability lawsuit, by improperly representing

the State of Florida during a coercive custody of the disabled and mentally impaired

petitioner to force a settlement, and assign the petitioner’s claims against the State of Florida to himself and his law partners, then move to dismiss the federal lawsuit with

prejudice on behalf of the State of Florida?

The answer is no. Only the Florida Attorney General can represent the State of Florida, which in

this petition includes the following Respondents:

Thirteenth Judicial Circuit, Florida

Claudia Rickert Isom, Circuit Judge, and individually

James M. Barton, II, Circuit Judge, and individually

Martha J. Cook, Circuit Judge, and individuallyDavid A. Rowland, Court Counsel, and individually

Gonzalo B. Casares, ADA Coordinator, and individually

Case law holds that a circuit court judge does not have authority to appoint counsel to represent

the State of Florida:

Only the Attorney General of Florida may represent the State of Florida in a federal court

action. A circuit court judge was without the authority to appoint an acting state attorney

to represent the state in an action pending before a federal court. State ex reI. Shevin v.

Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).

Section 16.01 Florida Statutes states:

16.01 Residence, office, and duties of Attorney General. The Attorney General:

(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or

criminal or in equity, in which the state may be a party, or in anywise interested, in the

Supreme Court and district courts of appeal of this state.

The Florida Constitution: Article IV, SECTION 4. Cabinet.—

(b) The attorney general shall be the chief state legal officer. There is created in the officeof the attorney general the position of statewide prosecutor. The statewide prosecutor

shall have concurrent jurisdiction with the state attorneys to prosecute violations of

criminal laws occurring or having occurred, in two or more judicial circuits as part of a

related transaction, or when any such offense is affecting or has affected two or more

judicial circuits as provided by general law. The statewide prosecutor shall be appointed

by the attorney general from not less than three persons nominated by the judicial

nominating commission for the supreme court, or as otherwise provided by general law.



22

28 U.S.C., § 1367 Pendant Jurisdiction - Judicial Qualifications Commission

Respondent Judge Claudia R. Isom - Docket No. 12385

The Florida Judicial Qualifications Commission (JQC) denied by letter October 10, 2012

JQC Docket No. 12385, Gillespie’s JQC complaint against Respondent Judge Claudia R. Isom.

In a letter denying the complaint, JQC General Counsel Michael Schneider wrote in part:

The Commission has completed its review of your complaint in the above matter and has

determined, at its meeting held on Friday, October 5, 2012, that the concerns you have

expressed are not allegations involving a breach of the Code of Judicial Conduct

warranting further action by the Commission but are matters for review solely through

the court system.

Gillespie submits JQC Docket No. 12385 with this petition for pendant jurisdiction under

28 U.S.C., § 1367 because the same allegations of judicial misconduct in the JQC complaint

form the basis of allegations in this petition, and the JQC has indicated these matters are “for

review solely through the court system.” From the complaint:

Please find enclosed my...complaint against Judge Claudia Rickert Isom for failing to

disclose a conflict with her husband, attorney Woody Isom, and my former attorney

Jonathan Alpert. Judge Isom lied to me in open court February 1, 2007 by failing to make

the disclosure. Judge Isom’s deceit in the case before her had significant consequences as

outlined herein. Judge Isom engaged in dishonesty prejudicial to the administration of

justice, and brought discredit to the courts and the judiciary.

Judge Isom was dishonest February 1, 2007 during a conflict hearing in my civil lawsuit,

Gillespie v. Barker, Rodems & Cook, PA, et al, Case No. 05-CA-007205, Hillsborough

Co. Judge Isom lied by omission when she failed to disclose that Woody Isom and

Jonathan Alpert were previously law partners and shareholders at the law firm Fowler

White in Tampa.

Judge Isom’s dishonesty during the conflict hearing over which she presided is a serious

breach of judicial ethics giving rise to this complaint. As set forth in my affidavit, Judge

Isom denied me disability accommodation, and made rulings contrary to law. Judge Isom

even ruled contrary to her own law essay, Professionalism and Litigation Ethics, 28

STETSON L. R EV. 323. (Exhibit 6).

As set forth in my affidavit, fifteen (15) additional related cases followed in this matter,

in addition to the original case, after Judge Isom belatedly stepped down. (Exhibit 6:

Paragraph 47/exhibit 19). The cost of Judge Isom's dishonesty and denial of justice has

been enormous to me, all the lawyers involved, and to the court system.



ST TE OF FLORID

JUDICI L QU LIFIC TIONS COMMISSION

1110 THOMASVILLE ROAD

TALLAHASSEE, FLORIDA 32303-6224

850) 488-1581

October 10, 2012

Neil J. Gillespie

8092 SW 115

t

Loop

Ocala, FL 34481

Re: ocket

No

12385 Judge 15 m

Dear

Mr Gillespie:

The Commission has completed its

review

of your complaint in the above

matter and has determined, at its meeting held on Friday,

October 5,2012,

that

the concerns

you have expressed are

not allegations involving a breach

of

the

Code of Judicial

Conduct

warranting further

action

by the

Commission but are

matters for

review

sol ly through

the court system.

The

purpose

of

the

Commission

is to

determine the

existence

of

judicial

misconduct and

disability as defined by the

Constitution

and the

laws

of the State

of Florida. f such

misconduct or disability is found, the Commission

can

recommend

disciplinary action

to

the

Florida

Supreme Court. The Commission

has found no basis for further action

on

your

complaint

that therefore has

been

dismissed.

Sincerely yours,

Michael

L.

Schneider

General Counsel

MLS/bsk



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STATE OF FLOR IDA

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1110 THOMASVILLE ROAD

TALLAHASSEE, FLORIDA 32303-6224

Neil

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8092 SW

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THE FLORIDA BAR / News & Events Search The Florida Bar

The Florida Barwww.floridabar.org

JUDGE CLAUDiA RICKERT ISOM TO RECEIVE DISTINGUISHED JUDICIAL SERVICE AWARD

FOR IMMEDIATE RELEASE

January 14, 2013

CONTACT: Dorohn A. Frazier; [email protected],

The Florida Bar

TELEPHONE: (850)561-5764

The Honorable Claudia Rickert Isom, of the Thirteenth Judicial Circuit, in Tampa, will receive the 2013 Distinguished Judicial Service Award.

The award, which honors outstanding and sustained service to the public especially as it relates to support of pro bono legal services, will be

presented by Chief Justice Ricky Polston at a Jan. 31 ceremony at the Supreme Court of Florida.

Judge Isom has been a circuit judge in the Thirteenth Judicial Circuit since 1991. She is currently assigned to the Probate, Guardianship and

Trust Division. As a jur ist, Judge Isom is not permitted to participate in direct pro bono legal services; however, she is still committed to pro

bono work and giving back to the community.

Judge Isom currently co-chairs the Hillsborough County Bar Association’s 5K Pro Bono River Run. It is an event she has chaired or co-chaired

for the past three years. Judge Isom estimates her volunteer hours organizing, promoting and coordinating the race since 2010 exceed 250.

The run raises money for Bay Area Legal Services' pro bono services.

In addition to volunteering in the judicial mentorship program, Judge Isom has participated in The Florida Bar ’s E-Mentoring Project for law

students and the Hillsborough Association for Women Lawyers’ Mentorship Project with Stetson University College of Law. She previously

chaired The Florida Bar’s Standing Committee on Professionalism and the Rules of Judicial Administration Committee and currently serves on

the Rules of Civi l Procedure Committee. Judge Isom is also a member of the Supreme Court’s Standing Committee on Fairness and Diversity

and is a certified diversity trainer.

Judge Isom graduated from the University of Iowa in 1972 with an education degree. She is a 1975 graduate of Florida State University

School of Law, where she married her classmate, Woody Isom, in 1973. She has four children (including two attorneys) and two

grandchildren.

Judge Isom grew up on a farm in Southeast Iowa and has lived in Florida since 1972.

This year's awards ceremony, which also honors individual, circuit, young lawyer, law firm and voluntary bar pro bono efforts, is scheduled for

Thursday, Jan. 31, at 3:30 p.m. at the Supreme Court of Florida. The program will be broadcast taped-delayed at a later date. Check local

cable listings for details and on the Internet at http://wfsu.org/gavel2gavel .

###

EDITORS: Please note The Florida Bar is not an assoc iation and "Association" is not part of o ur name. Proper reference is "The Florida Bar." Local bar organizations are properly termed

"associations."

[Revised: 01-21-2013]

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

http://www.floridabar.org/TFB/TFBPublic.nsf/WNewsReleases/495A38BE3B5153FB85257AF0006FFD1E?OpenD



Neil Gillespie

From: "Beth Schwartz" <[email protected]>To: "'Neil Gillespie'" <[email protected]>Sent: Monday, August 25, 2014 1:29 PMSubject: RE: 2013 Pro Bono Service Awards Ceremony

Page 1 of 1

8/28/2014

Good afternoon:

I checked with the public information office about the photo, and they couldn’t say with absolute

certainty if the photo was taken at the 2013 ceremony. However, they noted that Judge Isom did

win the judicial award at the 2013 pro bono ceremony and that Gwynne Young was president of

the Bar and present at the ceremony, so the likelihood is great that the photo was taken then. I

hope this helps,

Beth Schwartz

Beth C. Schwartz

Court Publications Writer

Office of the State Courts Administrator

Florida Supreme Court

500 S. Duval St.

Tallahassee, FL 32399

(850) 410-3306

rom Neil Gillespie [mailto:[email protected]]

Sent Monday, August 25, 2014 11:58 AM

To Beth Schwartz

Subject 2013 Pro Bono Service Awards Ceremony

Full Court PressBeth Schwartz

Good morning.

I read about the 2013 Pro Bono Service Awards Ceremony held in the Supreme Court of Florida on January31, 2013, in the Spring 2013 edition of the Full Court Press, on page 26, see attached, with separate photograph attached. http://www.flcourts.org/core/fileparse.php/296/urlt/0004285-fcp_spring131.pdf

Can you confirm if this photograph is from the 2013 Pro Bono Service Awards Ceremony? Are any other photographs available of the 2013 Pro Bono Service Awards Ceremony? There were no photographs withthe article. Thanks you for the courtesy of a response.

Sincerely,

Neil Gillespie8092 SW 115th LoopOcala, Florida 34481



From left to right: Chief Justice Ricky Polston, Judge Claudia Rickert Isom, Thirteenth Judicial

Circuit, and Florida Bar President Gwynne Alice Young.



Spring 2013FUllCourtPress

Chief Justice Ricky Polston received the J. Ben Watkins Award for Excellence in the Legal Profession;this award is presented in honor of J. Ben Watkins, who helped found the Stetson Law Review and is anhonorary member of the Stetson University College of Law Board of Overseers.

Judge Sue Robbins, Fifth Judicial Circuit, was honored by the Marion County’s Children’s Alliance withits Children’s Champion Award; given each year to the community’s outstanding children’s advocate, thisaward recognizes Judge Robbins for doing what is in the children’s best interest and for striving to keepfamilies unified whenever possible.

***

On January 31, at the 2013 Pro Bono Service Awards Ceremony at the Florida Supreme Court, ChiefJustice Polston noted that in 1993 – 94, the first year for which pro bono hours were tallied, attorneysdonated just over 800,000 hours of free service to the people of Florida; in the most recent reportingperiod, 2011 – 12, that number had risen to nearly 1.7 million hours—the highest number to date. Thisyear, the following attorneys were commended for their exemplary commitment to meeting the legalneeds of the poor, the disadvantaged, and the most vulnerable of Florida’s citizens:

Jeanne Trudeau Tate, Tampa, was honored with the Tobias Simon Pro Bono Service Award;

Judge Claudia Rickert Isom, Thirteenth Judicial Circuit, was saluted with the Distinguished JudicialService Award;

Clark & Washington, PC, Tampa, was lauded with the Law Firm Commendation;

Tampa Bay Hispanic Bar Association was awarded the Voluntary Bar Association Pro Bono ServiceAward;

Rebecca Lauren Sosa, Miami, was distinguished with the Young Lawyers Division Pro Bono ServiceAward.

And the following attorneys were commended with The Florida Bar President’s Pro Bono Service Awards:

Bridget Ann Berry, West Palm BeachBruce Beuford Blackwell, OrlandoJennings Kemp Brinson, LakelandMary Vanden Brook, Key WestMary-Ellen Cross, GainesvilleCarolyn Davis Cummings, TallahasseeJanice Joy “J.J.” Dahl, ClermontWilliam Kenan DeBraal, Vero BeachFrederick J. Gant, PensacolaSteven D. Kramer, Altamonte Springs

Janella Kayla Leibovitz, Sarasota

Maxine Master Long, MiamiEmerson Lotzia, JacksonvilleSteven Wayne Marcus, Ft. LauderdaleJames D. “Jim” McDonald, VeniceRobert Allan “Bob” Pell, Port St. JoeTania Romaine Schmidt-Alpers, St. AugustineLeon Claudio Skornicki, New York, NYDavid Elihu Steckler, Ft. MyersMonica Taibl, Live OakJeanne Trudeau Tate, Tampa

Jeannine Smith Williams, St. Petersburg

If you have information about judges and court personnelwho have received awards or honors for their contributions to the bench,

please forward it to the Full Court Press

mailto:[email protected]

mailto:[email protected]

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