Saturday, September 13, 2014

Mississippi Goddam (Florida Goddam)

New Petition No. SC14-1637, Florida Supreme Court

The Smiling Faces of Evil 

UPDATE February 18, 2015

Supreme Court records obtained show certain pleadings, letters and other documents filed in Petition No. 12-7747 were received by the Supreme Court January 24, 2013 (date stamped Received, Jan 24 2013 Office of the Clerk, Supreme Court, U.S.). But those pleadings, letters and other documents do not appear on the Supreme Court’s docket for Petition No. 12-7747.

Supreme Court records were provided by the National Archives and Records Administration,
and researcher Mark Leutbecker, Nicklason Research Associates.

Therefore a reasonable person could conclude that U.S. Supreme Court Petition No. 12-7747 was compromised. A reasonable person might also conclude that the compromise of Petition No. 12-7747 was due to "a special relationship with the Chief Justice of the Untied States" with former Florida Chief Justice Ricky Polston, Thirteenth Judicial Circuit Judge Claudia Rickert Isom, and former Florida Bar President Gwynne Alice Young.

UPDATE January 21, 2015

On information and belief, the foregoing is evidence of misconduct by former Chief Justice Ricky Polston, Judge Claudia Rickert Isom, and Florida Bar President Gwynne Alice Young. Presenting Claudia Isom the Distinguished Judicial Service Award while Isom was a Respondent in Petition No. 12-7747 for writ of certiorari to the Supreme Court of the United States, along with the Thirteenth Judicial Circuit, is conduct unbecoming a member of the bar that is prohibited by Rule 46 of the Federal Rules of Appellate Procedure because it implied "a special relationship with the Chief Justice of the Untied States".

In determining what conduct violates Rule 46, an earlier Supreme Court [In re Snyder 472 U.S. 634, 645 (1985)] found tribunals should consider "case law, applicable court rules, and ‘the lore of the profession,’ as embodied in codes of professional conduct," such as the ABA Model Rules of Professional Conduct.

Judge Isom’s appearance January 31, 2013 in the Florida Supreme Court Chamber violated, inter alia, Rule 8.4(e) of the Model Rules, which says it is professional misconduct for an attorney to "state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law."

The Distinguished Judicial Service Award itself appears to be a sham anyway. Officially the
award "honors outstanding and sustained service to the public especially as it relates to support
of pro bono legal services". But for the past three years the award was given to judges or a
spouse who in my Hillsborough case denied me basic due process.

In 2012 Judge James M. Barton, II, got the Distinguished Judicial Service Award, presented by
the Chief Justice Polston in the Supreme Court. Barton presided over my case in Hillsborough
County (05-CA-7205) from February 13, 2007 through May 25, 2010. The record shows Barton
collaborated with Mr. Rodems and my lawyer Robert W. Bauer (a Bar referral) to undermine my
case. On January 13, 2006 I established by Order of Judge Nielson a cause of action against
Rodems and his firm in the theft of $6,224.78 ($7,143) through a closing statement fraud. My
motion and affidavit for summary judgment were filed April 25, 2006 and noticed for hearing.
Tellingly Bauer did not argue my summary judgment. Instead he assisted Rodems & Barton.

In 2013 Judge Claudia R. Isom got the Distinguished Judicial Service Award, presented by the
Chief Justice Polston, see attached. Isom presided over my case in Hillsborough County (05-CA-
7205) from November 22, 2006 through February 13, 2007.

In 2014 Judge Emily Peacock got the Distinguished Judicial Service Award, presented by the
Chief Justice Polston at a Jan. 30 ceremony at the Supreme Court of Florida. Emily Peacock is
married to Mike Peacock, the Public Defender who failed to represent me June 1, 2011 after he
was appointed to do so. Judge Arnold relieved the public defender from the counsel
appointment claiming no basis. But Arnold had other basis to appoint counsel, including the
ADA, and under Fla. Stat. § 29.007 (2011) "This section applies in any situation in which the
court appoints counsel to protect a litigant’s due process rights.", according to the ABA.

Request Senate Hearing, Nominee Arthur Lee Bentley

Sunday, August 17, 2014

No response from Chief Justice John Roberts; corrupted Supreme Court Petitions No. 12-7747 and No. 13-7280

The Honorable John G. Roberts, Jr.                    March 5, 2014
Chief Justice of the United States
Supreme Court of the United States
One First Street N.E.
Washington, D.C. 20543

RE: Petition No. 13-7280, documents do not appear on the Court’s computer system. Referral by Senator Rubio’s office to the CFPB; intervening circumstances of a substantial or controlling effect and other substantial grounds not previously presented.

Dear Mr. Chief Justice:

Currently my pro se, nonlawyer IFP petition for rehearing an order denying Petition No. 13-7280 is pending before the Court, and was distributed February 19, 2014 for Conference of March 7, 2014. I am concerned that documents in this matter do not appear on the Court’s computer system. This happened in a previous petition too, Petition No. 12-7747.

A letter I received February 4, 2014 from Assistant Clerk Michael Broadus returned voluminous exhibits in Petition No. 13-7280 before time expired to file a petition for rehearing. So I called the Court to find out why, since the Court might want to see the exhibits on rehearing.

The woman who took my call could not find the letter of Mr. Broadus in the Court’s computer system. Similar problems happened in Petition No. 12-7747 too, documents were lost or missing.

Do you know why documents in my petitions do not appear on the Court’s computer system? Last year I contacted Kathleen Arberg, Public Information Officer, but did not get a response.

February 18, 2014 I wrote Robin Ashton, OPR Counsel, Office of Professional Responsibility, and Deputy Secretary-General Jan Eliasson, Rule of Law Unit, UN Headquarters, copy enclosed.

The Department of Justice Public Integrity Section [Wikipedia] referred me to the FBI for investigation of public corruption in Florida. Please find enclosed my letter today to James Comey, FBI Director, and Michelle S. Klimt, Special Agent in Charge, Jacksonville, Florida.

Unfortunately Mr. William Fitzgibbons, Office of Investigations, U.S. Department of State, informed me in response to the e-service of the petition for rehearing Petition No. 13-7280,
The Office of Inspector General has reviewed your most recent series of complaints forwarded to the OIG Hotline for review and have determined that the issues you have raised do not fall within the purview of the Department of State.
The OIG Hotline will take no further action regarding this complaint.
A paper copy of Mr. Fitzgibbons’ email is enclosed. The Hon. Steve A. Linick, Inspector General, OIG Office of Investigations, did not return my call. John M. Fitzgibbons, Esq. Chairman, Florida Federal JNC did not respond to a conflict check, copy enclosed.

Ms. Tania Banuelos Mejia [fn1]  provided me the latest PDF version of the UNCAC  Directory. [fn2] The cover page and three pages for the United States of America are enclosed, also found online,

[fn1] Associate Crime Prevention and Criminal Justice Officer, Corruption and Economic Crime
Branch, Division for Treaty Affairs, United Nations Office on Drugs and Crime, Room E1279,
P.O. Box 500, A-1400 Vienna, Austria
[fn2] UNCAC, United Nations Convention Against Corruption

Since filing my petition for rehearing, I located the USA Self Assessment for the UNCAC, which contends, "further legislation to implement the Convention was not required, and the Convention is consistent with existing U.S. law."
Referral to the Consumer Financial Protection Bureau
Yesterday the Consumer Finical Protection Bureau (CFPB) notified me that Gina Alonso, Constituent Services Representative, Office of United States Senator Marco Rubio, opened CFPB Case number: 140304-000750 on information I submitted February 24, 2014. The CFPB email states, "We received your submission from the Congress and will review it as soon as possible to determine if it involves a Federal consumer financial law within our authority."

The ABA Journal Law News Now reported May 7, 2013 in a story by Martha Neil that the CFPB brought a lawsuit against two New York City law firms:
A new federal agency filed a lawsuit Tuesday against two New York City area law firms and an attorney who owns a related business. It contends that they charged illegal advance fees for so-called debt-relief services that provided little or no benefit to consumers, who routinely lost amounts ranging from $1,300 to $3,000.
In addition to the advance-fee allegations against Mission Settlement Agency; its attorney-owner Michael Levitis and his law office; Premier Consulting Group; and the Law Office of Michael Lupolover, the Consumer Financial Protection Bureau also alleges that Mission and Levitis violated the Consumer Financial Protection Act by using unfair and deceptive marketing practices, the Blog of Legal Times reports.
Among other issues, the civil complaint (PDF) filed in federal court in Manhattan by the CFPB says the Mission defendants violated federal law by misrepresenting to consumers the fees that would be charged and the benefits that would be provided concerning the debt-relief services they marketed.
Separately, the U.S. Department of Justice unsealed an indictment that includes criminal charges against Mission Settlement Agency, Levitis, and three current or former employees, according to the Hill's RegWatch page. It was the first criminal case ever brought based on a referral by the CFPB, the article says.
The indictment (PDF) accuses the criminal defendants of participating in a mail and wire fraud conspiracy that bilked consumers out of millions of dollars.
As part of the criminal case, the DOJ is seeking to seize the Rasputin Supper Club in Brooklyn, which is owned by Levitis, the New York Daily News reports. Federal prosecutors say he used money from the debt-relief operation to fund the glitzy Brighton Beach club, lease two upscale vehicles and pay his mother's credit-card bills.
A press release from the Manhattan U.S. Attorney's office provides further details.
"These wolves in sheep’s clothing take money from consumers who are already struggling to pay their bills, falsely promising them help while really making their problems worse," CFPB director Richard Cordray said said in a written statement provided to the Philadelphia Inquirer.
Attorney Jeffrey Lichtman represents Levitis and tells the BLT that his client has been cooperating the government. He said Levitis has been trying to meet with prosecutors to provide evidence about the "rogue former employees who committed many of the frauds alleged in the indictment" before exiting to open their own debt-relief business. "Now Michael Levitis is left to clean up the mess," Lichtman said.
In an email to the BLT, Lupolover said the CFPB suit "has nothing to do with the law offices of Michael Lupolover."
The following documents are enclosed for the above ABA story:

Press Release, Manhattan U.S. Attorney
U.S. v. Mission, Indictment
CFPB federal complaint
ABA Journal News story
Florida Deceptive and Unfair Trade Practices Act - FDUTPA
A final judgment entered January 24, 2014 in Rory Hewitt vs. Law Offices of David J. Stern bears on this petition, the "unknown spouse" issue.

Rory Hewitt vs. the Law Offices of David J. Stern
Class Action Final Judgment: $831,110
Palm Beach County Court, Case No. 09-CA-036046
Circuit Judge Lucy Chernow Brown
Case ID: 502009CA036046XXXXMB

In Hewitt, the Court determined that Mr. Stern was liable under FDUTPA, the Florida Deceptive and Unfair Trade Practices Act, for suing unknown parties. In my case, Ms. Parsons and McCalla Raymer sued seven (7) unknown parties. The complaint only is enclosed.

It is my understanding that "unknown" parties are not permitted in federal court, and must be stricken. In Green v. Pilgrim’s Pride Corporation, Civil Action No. 5:08-cv-0573-CLS, U.S. District Court, Northern District of Alabama, Northeastern Division, U.S. Judge Lynwood Smith held in a Memorandum Opinion entered May 8, 2008, at footnote 1:

"Any claims asserted by a plaintiff against fictional parties are due to be stricken, however, because there is no provision for fictitious party practice under federal law or rules of procedure. Cf. 28 U.S.C. § 1441(a) (stating that "the citizenship of defendants sued under fictitious names shall be disregarded" for purposes of removal)...." The Order is enclosed.
David J. Stern Disbarred, Florida Supreme Court Case SC13-643
Penalty: 49 cents per 100,000 abandoned foreclosure cases
The Florida Supreme Court disbarred David J. Stern January 7, 2014 with a sweetheart deal:
49 cents per 100,000 abandoned foreclosure cases,
which The Florida Bar’s Referee Nancy Perez wrote "created chaos on the courts of the state of Florida, prejudicing the whole system as a whole." (page 4, Report of Referee SC13-643).

In March 2011 Stern notified Chief Judges in Florida courts throughout the state by letter that he could not do any further work on 100,000 pending foreclosure cases, due to of a lack of staff following the loss of large clients and massive layoffs. The American Bar Association reported,
Stern notified Pinellas-Pasco Chief Judge Thomas McGrady and his counterparts throughout the state in letters sent earlier this month that he won't be able to do any further work on some 100,000 foreclosure cases, due to of a lack of staff following massive layoffs, according to the article.
"We have been forced to drastically reduce our attorney and paralegal staff to the point where we no longer have the financial or personnel resources to continue to file motions to withdraw in the tens of thousand of cases that we still remain as counsel of record,'' he wrote in a 251-page letter to McGrady dated March 4 that listed all of the Pinellas-Pasco cases. "Therefore it is with great regret that we will be ceasing the servicing of clients," apparently by the end of the month.
Calling the situation "a mess,'' McGrady says court employees are working to put together orders requiring the lending institutions that brought the cases to show cause why they should not be dismissed. Meanwhile, some attorneys reportedly may be seeking to take over the cases without a paper trail clearly authorizing them to do so.
But, Chief Judge Manuel Menendez Jr. of Hillsborough tells the Times, "you can't just walk away. I think he's written the letter in attempt to circumvent the rules of judicial administration."
ABA Journal Law News Now, March 8, 2011, by Martha Neil, "Foreclosure Firm Collapse Creates Court Chaos; Stern Lacks Staff to Move to Withdraw from Cases"

Florida foreclosure defense lawyer Matt Weidner posted a comment March 9, 2011, 8:45 AM,
The biggest outrage about this episode is the lack of outrage from the rest of the Bar.  The Florida Bar has been silent.  The state and federal regulators have done nothing to marshal assets that should be used to help satisfy the administrative obligations of unraveling this mess that have been dumped in our court’s lap.  Our courts have been turned into a burlesque show and this is a horrendous black eye over the entire profession.  The general public, quite correctly, views this as lawyers protecting themselves by not going after this national travesty.  We are all guilty of shame in this debacle.
Unfortunately foreclosure mills are not held accountable in any meaningful way in Florida. The Florida Supreme Court disbarred David J. Stern but did impose any meaningful discipline, no fine or penalty, only judgment entered for The Florida Bar "for recovery of costs from David James Stern in the amount of $49,125.02". As divided by the 100,000 foreclosure cases Mr. Stern abandoned, that amounts to 49 cents per case.

Mr. Stern gets to keep a $58.5 million cash windfall for the sale of his back-office document preparation services, according to the Palm Beach Post in a story by Jeff Ostrowski posted Tuesday, October 29th, 2013 at 9:45 am "Foreclosure king on verge of losing law license, but keeps $58.5 million windfall",
The saga of Florida foreclosure king David J. Stern offered a bit of everything. Bogus paperwork filed by Stern’s team of lawyers. A dizzying caseload of 1,600 foreclosures per attorney. Callow lawyers too swamped to show up in court and befuddled when they did.
His firm visited "massive injury" on Florida’s foreclosure system, a judge wrote yesterday in recommending that Stern be disbarred.
And like any good South Florida scandal, Stern’s rise and fall included a publicly traded company that paid him handsomely. In 2010, Stern collected a big payday by selling his back-office document preparation services to Chardan 2008 China Acquisition Corp., a British Virgin Islands shell company formed in 2008 with a $55 million IPO.
Stern’s payday was rich. In exchange for turning over a company that had collected $260 million in fees in 2009, Stern received $58.5 million in cash. He also got a promissory note worth $52.5 million and the promise of another $35 million in cash, according to a Securities and Exchange Commission filing by the renamed company, DJSP Enterprises.
As two DJSP investors described the deal in a federal suit last year, "In substance, Stern was selling a 75-80% interest in his non-legal-services businesses to the prior Chardan shareholders for $145 million."
After briefly hitting $13.50, DJSP shares plummeted. But Stern’s personal real estate empire remains intact. According to property recrods, Stern in 2008 paid $17 million for two homes in Hillsboro Beach and in 2009 paid $8 million for a house in Fort Lauderdale and $6.9 million for a condo in Fort Lauderdale.
His shell company payday was noted by Palm Beach County Circuit Judge Nancy Perez, who presided over his disbarment hearing. She wrote:
Mr. Stern’s letter of abandonment states that he did not have the financial resources to properly withdraw from his pending cases. Mr. Stern’s declaration revealed his net worth and that he did in fact possess sufficient resources to properly withdraw from cases. I am not persuaded by his argument that his reference to lack of financial resources related to the firm’s net worth only. … His statement was a misrepresentation.
Enclosed is my response to The Florida Bar in the following [UPL link] matters:
Also enclosed,
Index to Petition 12-7747 and Rule Applications
Index to Petition 13-7280
Halt amicus, Roberta Cripe; Halt amicus, Mark Hager disbarment

Please forgive the informally of this letter. Time is about over, and I do not know how else to proceed. Thank you.


Neil J. Gillespie                      Telephone: (352) 854-7807
8092 SW 115th Loop             Email:
Ocala, Florida                        Enclosures

VIA U.P.S. No. 1Z64589FNW97793740 
cc: Persons and parties on the Rule 29 Proof of Service of February 7, 2014
Additional information. Ethics Commission Florida Scribd Collection

Email Jeffrey Minear, Counselor to the Chief Justice; and Ethan Torrey
RE: Petition No. 13-7280, documents do not appear on the Court’s computer system. Referral by Senator Rubio’s office to the CFPB; intervening circumstances of a substantial or controlling effect and other substantial grounds not previously presented....
Email Ethan Torrey, Legal Counsel, Supreme Court of the United States
My email March 6, 2014 to you and Mr. Jeffrey Minear, Counselor to the Chief Justice, was returned for e-mail addresses not found. I am resending the email today to you at the email address shown on your Alumni page of the University of Pennsylvania. I am also a Penn Alumni, the Wharton School, Evening Division, December 1988, ABA.
 FBI letter by Brian J. Nadeau with referral to Tampa FBI Field Office
The primary function of FBI Headquarters is the administration of program management, policy formulation, training and other administrative duties. The review of complaint letters involving potential public corruption and related allegations is the responsibility of the appropriate FBI field office.
Accordingly, the PCU has forwarded your complaint information to the appropriate local FBI Field Office. Should you wish to provide any additional information related to this matter, please furnish the specific details directly to the below address.
Letter to Paul Wysopal FBI Tampa Special Agent in Charge, Federal Bureau of Investigation

Dear Special Agent Wysopal:
Today at 6:20 PM I received a telephone call from 813-253-1000 from a man who identified himself as the Tampa FBI. The caller did not provide his name. The caller asked to speak with Neil Gillespie, that’s me. The caller asked "is this call being recorded" and I said yes. The caller was responding to the Telephone Recording Announcer informing him all calls are recorded for quality assurance purposes. The caller said it is against Florida law to record someone without the consent of both parties. I replied that the caller provided consent if he continued to talk. The caller responded "have a nice day, sir" and hung up. That’s okay, the telephone is not compatible with certain disabilities of mine. I prefer email or written communication....
Letter to U.S. Marshal William B. Berger, Sr., Sam M. Gibbons U.S. Courthouse
801 N. Florida Avenue, 4th Floor, Tampa, FL 33602-4519, Telephone: (813) 483-4200
Dear U.S. Marshal William B. Berger, Sr.:

Thank you for your phone call Thursday January 30, 2014. I share your frustration with this matter, which is a state-wide problem of The Florida Bar usurping the Article III judicial power of the United States....
 Letter to Supreme Court Chief Justice John G. Roberts, Jr., March 5, 2014

Saturday, August 16, 2014

Fanfare For The Common Man - Aaron Copland and ELP Neue Philharmonie Frankfurt - Leitung von Jens Troester

Frank Sinatra isst den Toast Hawaii der Musikgeschichte. Wo? Bei der Neuen Philharmonie Frankfurt – in einer sprühenden Amerika-Hommage, die schon nach kürzester Zeit zu einem weiteren legendären Länder-Programm geworden ist. Mit vielen Tausend Besuchern und einer exzellenten DVD-Produktion. Toast Hawaii?? Na ja: Weil eben das ‚Anything Goes‘, das Cole Porter in einem paradigmatischen Song auf die Bühne warf, in Amerika eben schon immer auf ein Maßstab der Kunst war. Alles erlaubt: Leonard Bernstein als größter amerikanischer Dirigenten-Star des 20.Jahrhunderts schreibt Musicals – das dürfen Sie sich ungefähr so vorstellen, wie wenn Herbert von Karajan die Musik zum ‚Wirtshaus im Spessart‘ geschrieben hätte. So ist das Programm: musikalisch ohne Grenzen, lebendig, glamourös, frisch, rockig, schillernd – so wie die einzigartige Musikgeschichte eines einzigartigen Landes. Read more

 Music - Stress Relief in Litigation

Coping with Stress: The Effectiveness of Different Types of Music. Applied Psychophysiology and Biofeedback, December 2007, Volume 32, Issue 3-4, pp 163-168, Elise Labbé, Nichlos Schmidt, Jonathan Babin, Martha Pharr, link to the paper.

Listening to classical and self-selected relaxing music after exposure to a stressor should result in significant reductions in anxiety, anger, and sympathetic nervous system arousal, and increased relaxation compared to those who sit in silence or listen to heavy metal music.

Tuesday, August 12, 2014

Here Comes the Judge, in Cuffs

Florida Judge Cynthia Imperato, Florida Judge Gisele Pollack, and Florida Judge Lynn Feig-Rosenthal (l-r)

Here Comes the Judge, in Cuffs
In Broward County, Fla., Spate of Judges in D.U.I. Arrests
The New York Times
June 27, 2014

MIAMI — Lawyers gawked from office windows last month when a BMW S.U.V. swiped a parked police cruiser in the parking lot of a courthouse in Fort Lauderdale, then slammed into a gate over and over again. A judge was at the wheel.

As lawyers used smartphones to snap pictures of the morning spectacle, Judge Lynn D. [Feig] Rosenthal became the third Broward County judge in six months to be arrested on charges of driving under the influence. A colleague, Judge Gisele Pollack, had been suspended five days earlier after getting arrested on a D.U.I. charge while already on leave for taking the bench intoxicated — twice.

Even for South Florida, where absurd news events are routine and the sheriff went to prison for corruption, the spate of judicial scandals has raised serious questions about whether the arrests in Broward are a bizarre coincidence or underscore a larger systemic problem. In a county where the judiciary is known for old-school nepotism and cronyism, and judges have been caught smoking marijuana in a park and found drunk and partly naked in a hotel hallway, some lawyers find themselves wondering: At what point do isolated instances of misconduct point to something bigger? On Wednesday, WPLG, an ABC affiliate, citing anonymous sources, reported that a Broward family court judge was under federal investigation on suspicion of allowing a now-convicted Ponzi schemer to influence a case.

And this month, a former judge in Broward was disbarred for exchanging 949 phone calls and 471 text messages with the prosecutor during a death penalty case. Yet another judge was recommended for removal in April after being accused of cheating clients and a co-counsel in the settlement of a civil suit she handled as a private lawyer a decade ago.

Florida Judge Lynn D. Feig-Rosenthal under arrest, in cuffs
As it turns out, bad behavior by judges has become distressingly common across Florida in recent months. Judge John C. Murphy in Brevard County is on leave after he was caught on video this month threatening a public defender, who later accused the judge of punching him in the head. In the Keys, a judge who was replaced on the bench after dozing off told a local news reporter that Ambien made him hallucinate about " ‘Fantasia’ and the dancing brooms." Another stepped down because a blogger exposed a sexually explicit profile the judge had posted on a gay dating site...William J. Gelin, a defense lawyer in Broward who runs a blog,, that chronicles courthouse antics and posted a photo of Judge Rosenthal’s arrest, noted that the Judicial Qualifications Commission only reveals cases that result in misconduct charges. Most complaints against judges remain secret, which he said adds to the perception that judges feel omnipotent. "It’s time to shine a light on these individuals and their performance, as the founding fathers intended," Mr. Gelin said. Read more

Fla. Judge Cynthia Imperato
Broward Judge Cynthia Imperato charged with DUI
Sun Sentinel
By Tonya Alanez, Sun Sentinel
November 6, 2013

A veteran Broward circuit judge found herself at the other end of the judicial system Wednesday — carted off to jail following her DUI arrest.

After Judge Cynthia Imperato spent Tuesday evening at a social legal function, she was seen weaving on the roadway, nearly hitting a vehicle in her white Mercedes-Benz in Boca Raton, officials said. By Wednesday morning Imperato, 56, had been released from jail and called in sick to work. Now, she is awaiting her own judgment while her misdemeanor case plays out. Meanwhile, the Broward chief judge and Broward State Attorney's Office are trying to figure out how to deal with her arrest.

Broward Chief Judge Peter Weinstein said there is no specific protocol in place dictating how to handle a judge in this situation."Judge Imperato is a fine judge, she is a terrific human being and is entitled to the presumption of innocence and due process," he said.

Known as "Cindy," the former police officer and ex-statewide prosecutor is a well-liked judge, with a reputation for making decisive rulings and running a punctual, speedy docket.

State records show this was her second DUI. The first was in 1988. Read more


Fla. Judge David Audlin
Monroe County judge David Audlin steps down, laments ‘invasion of my privacy’ after hookup site reveal
Miami Herald Florida Keys
By Cammy Clark
May 9, 2014

Judge David Audlin was serving as Monroe County’s chief circuit judge in late April when he announced via an open letter to friends and colleagues that he was retiring with four years left in his second six-year term.

The well-respected Audlin, 56, who was elected in 2006 and again in 2012, did not give a reason at the time for his sudden and unexpected departure from his $145,000-per-year judgeship with the 16th Judicial Circuit Court. On Friday, his last day as a judge, Audlin said his voluntary decision was based on an "inappropriate invasion of my privacy."

On Jan. 16, a blogger found a profile of Audlin on Manhunt, which bills itself as the world’s biggest gay hookup site with a slogan: Any guy. Any time. Anywhere. JAABlog posted the profile under the headline: "Let’s Get Sweaty." The next day, a website called Above the Law posted a story about the blog with the headline: "Judge’s Sex Ad Found on Internet Hookup Site." While Audlin deleted his Manhunt profile, a screen grab of it is readily accessible now and likely indefinitely will be in cyberspace. Read more

Florida Judge Gisele Pollack
Florida Supreme Court Docket
RE: Gisele Pollack
Case Number:  SC14-985
Inquiry Concerning a Judge Nos. 13-633, 14-151, 14-187

Notice of Formal Charges
TO: The Honorable Gisele Pollack
Broward County Court Judge
201 S. E. 6th Street, Room 358
Ft. Lauderdale, Florida 33301

The Investigative Panel of the Florida Judicial Qualifications Commission, at its meeting on May 16, 2014, by a vote of the majority of its members, pursuant to Rule 6(f) of the Rules of the Florida Judicial Qualifications Commission and Article V, Section
12 (b) of the Constitution of the State of Florida, finds that probable cause exists for formal proceedings to be instituted against you. Probable cause exists on the following formal charges:

Recommendation of Suspension: The Investigative Panel found probable cause to file formal charges, which are set for in the Notice of Formal Charges which are being filed concurrently with this Finding and Recommendation.

Suspension Order: Judge Gisele Pollack is hereby immediately suspended from office without pay pending disposition of this proceeding. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA and PERRY, JJ., concur.

Florida Judge Tracy Sheehan
Hillsborough judge pleads guilty in DUI case
St. Petersburg Tribune
By Kate Bradshaw Tribune Staff
August 23, 2013

CLEARWATER — A Hillsborough County judge got her day in court today for a July DUI arrest, though it was in a Pinellas County courtroom.

Hillsborough County Circuit Court Judge Tracy Sheehan pleaded guilty to a DUI charge after she was arrested last month for drunk driving in Tampa. She was sentenced to a year of probation and 50 hours of community service. Her case was transferred to Pinellas County to avoid possible conflicts of interest.

"This is the same as thousands of others that will come before and probably will follow," said Pinellas County Judge Patrick Caddell, who presided over the case. "Until we live and learn."

Sheehan, 53, also had her driver’s license revoked for six months and was ordered to complete DUI school. She will have to have an interlock device on her car. Sheehan declined to discuss her plea and sentence.

"She’s still a sitting judge, and there are still rules involving what a sitting judge can and cannot say, which can be interpreted as having a position about an issue that may be before her or not before her," said her lawyer, Steve Romine. Shortly after her arrest, Sheehan issued a statement saying she would take full responsibility for her actions.

"I am deeply sorry for the actions that resulted in this circumstance," Sheehan said in her statement. "I made a big mistake for which I apologize wholeheartedly to my family, friends, and colleagues who have put their faith and trust in me. I take drunk driving very seriously and accept full responsibility for my actions and any penalty that comes my way in this matter." Read more

Dressed for a night on the town, judge ‘froze’ in jail after DUI arrest, ABA Journal Law News Now, By Martha Neil, July 8, 2013. A Florida judge's decision to drink and drive led to a rough several hours at the local jail early Saturday. Read more

Florida Judge Tegan Slaton
Florida Keys News - Key West Citizen
August 2, 2014

Circuit Judge Tegan Slaton was removed from the bench Friday due to reported erratic behavior during court proceedings, according to multiple sources close to the situation.

Monroe County Chief Circuit Judge Luis Garcia ordered Slaton removed sometime Friday after Slaton appeared incoherent or otherwise disheveled while sitting on the bench, multiple sources with knowledge of the situation said on the condition of anonymity.

Court reporter Lisa Rozier told U.S. 1 Radio News journalist Ezra Marcus during a segment for the Evening Edition radio program that she was present in the courtroom when Monroe County Sheriff's Office bailiff deputies asked Slaton to step down in the middle of a trial. Read more ______________________________________________________________

After judge’s fistfight with public defender was broken up, he returned to the bench, says report
ABA Journal Law News Now
By Martha Neil, June 2, 2014

Updated: A Florida judge told a veteran public defender to step outside the courtroom on Monday, then punched the attorney until sheriff's deputies broke up the altercation, WFTV reports.

Although the incident occurred outside the range of a court camera, it captured audio, including what the station describes as several loud thuds. No one was charged in the incident, and Brevard County Judge John Murphy is said to have gone back on the bench afterward and continued his criminal court call.

The fireworks occurred after a courtroom dispute in which assistant public defender Andrew Weinstock resisted pressure to waive his client's speedy trial rights.

"If you want to fight, let's go out back and I'll just beat your ass," Murphy told Weinstock as the two men exited the courtroom, WFTV reports. A short time earlier, the judge said: "You know, if I had a rock I would throw it at you right now. Stop pissing me off. Just sit down."

Weinstock said he had expected to talk with the judge in the hallway outside the courtroom, 18th Judicial Court public defender Blaise Trettis told the station. "The attorney said that immediately upon entering the hallway he was grabbed by the collar and began to be struck. There was no discussion, no talk, not even time for anything. Just as soon as they're in the hallway, the attorney was grabbed." Florida Today has obtained the courtroom video and reports that those in the courtroom applauded as the judge returned to the bench saying: "I will catch my breath eventually." Read more

Assistant PD punched by judge resigns in protest after jurist returns to bench, ABA Journal Law News Now, By Martha Neil, July 8, 2014. An assistant public defender who said he was punched by a Florida judge in a Brevard County courtroom hallway has resigned in protest following the jurist's return to the bench less than a month after the incident. Andrew Weinstock said in a Monday letter that he was resigning, effective immediately, because his boss did not oppose Judge John Murphy's resumption of judicial duties, Florida Today reports. Read more

"The Sunshine State is a paradise of scandals teeming with drifters, deadbeats, and misfits drawn here by some dark primordial calling like demented trout. And you’d be surprised how many of them decide to run for public office." - Carl Hiaasen on Florida

Sunday, August 10, 2014

Don’t dream it’s over

Sixpence none the richer - Don’t dream it’s over (official video)

Music - Stress Relief in Litigation

Coping with Stress: The Effectiveness of Different Types of Music. Applied Psychophysiology and Biofeedback, December 2007, Volume 32, Issue 3-4, pp 163-168, Elise Labbé, Nichlos Schmidt, Jonathan Babin, Martha Pharr, link to the paper.

"Listening to classical and self-selected relaxing music after exposure to a stressor should result in significant reductions in anxiety, anger, and sympathetic nervous system arousal, and increased relaxation compared to those who sit in silence or listen to heavy metal music."

Complaint against McCalla Raymer lawyer Danielle Nicole Parsons sent to grievance committee

Danielle Nicole Parsons
Florida Bar Counsel Patricia Ann Toro Savitz’s letter of July 29, 2014 referred my complaint against McCalla Raymer lawyer Danielle Nicole Parsons to,

Via email only
Lisa M. Acharekar, Chair
Office of Statewide Prosecution
135 W. Central Blvd Stet 1000
Orlando, FL 32801-2437

Re: Complaint by Neil J. Gillespie against Danielle Nicole Parsons
The Florida Bar File No. 2014-30,525 (9A)

Dear Ms. Acharekar:

This is to advise that the above-referenced matter has been forwarded to your committee for
further investigation and disposition.

The documents will soon be posted to the Grievance Committee Webpage for the Committee's
convenience. As always, if I can be of further assistance, please do not hesitate to contact me.

Patricia Ann Toro Savitz
Bar Counsel

On August 5, 2014 I wrote Ms. Savitz in part, (our full communication is posted below)

I have and thank you for your letter July 29, 2014 referring my complaint to Lisa M. Acharekar,
Chair, Office of Statewide Prosecution. Unfortunately I do not understand referral to the Office
of Statewide Prosecution, which is apparently part of the Office of the Attorney General, and the
designation of Ms. Acharekar as "Chair", which usually pertains to a Bar grievance committee.

The next day August 6, 2014 Ms. Savitz sent me by email another letter stating,

Re: Complaint of Neil J. Gillespie against Danielle Nicole Parsons
The Florida Bar File No. 2014-30,525 (09A)

Dear Mr. Gillespie:

This correspondence is to clarify the current status of this matter. The case has been referred to
the Ninth Judicial Circuit Grievance Committee "09A." The chair of the committee is Lisa M.
Acharekar. You will be notified in writing regarding the appointment of Investigating Members
for further investigation by the committee. The case has not been referred to the Attorney
General’s Office or the Office of the Statewide Prosecutor for investigation.

Thank you for your continued cooperation with this matter.

Patricia Ann Toro Savitz
Bar Counsel

The Florida Bar directory page for Lisa M. Acharekar shows "Office of Statewide Prosecution", and shows her Assistant State Attorney email address, (for the Attorney General) but shows Ms. Acharekar as a "Public Member" of Ninth Circuit Grievance Committee "A".

Previously I thought Ms. Acharekar was with the Attorney General’s office (Executive Branch of Florida government) because of her email extension, but now it appears she is an Assistant State Attorney (judicial branch of Florida government). UPDATE: I am wrong again. Ms. Acharekar is NOT an Assistant State Attorney, she works for Nicholas B. Cox, Statewide Prosecutor, Office of Statewide Prosecution, Attorney General Pam Bondi.

The Ninth Circuit State Attorney is part of the Judicial Branch of Florida government. Jeffrey L. Ashton, is the Ninth Circuit State Attorney, and this is his Florida Bar directory page. The Attorney General of Florida is part of the Executive Branch of government. Unfortunately this combination may violate separation of powers mandated by the Florida Constitution. The purpose of separate branches of government is to protect individual freedoms and prevent the government from abusing its power.

Article II, Section 3. Branches of government.—The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

See the Separation of Powers Broad Issue Paper on The Florida Bar's website.

The Ninth Circuit Grievance Committee "A" showing Ms. Acharekar as a "public member" and no one as "Chair". But Ms. Acharekar is not really a public member, those show an asterisk by their name.

Frank Harlan Killgore, Jr.               Vice Chair
Paul Louis SanGiovanni                  Designated Reviewer
Mark Owen Cooper                      Attorney Member
Jon Marshall Oden                         Attorney Member
Glennys Eloisa Ortega Rubin           Attorney Member
Robert J Stovash                            Attorney Member
Lisa M. Acharekar                          Public Member
Rhonda Childers *                          Public Member
Kathy Ennis *                                 Public Member
Gary H. Weber *                            Public Member

On May 22, 2014 Florida Bar UPL Counsel Ghunise L. Coaxum notified me that Unlicensed Practice of Law Investigation of Yolanda I. Martinez, Case No. 20143031(9A) was closed.

Dear Mr. Gillespie:

In December, 2013, you filed an unlicensed practice of law complaint against Yolanda I.
Martinez based on allegations that she engaged in the unlicensed practice of law through a series
of e-mail communications to you. The Committee Chair has concluded that the e-mails in
question were all sent at the direction of Ms. Martinez's supervising attorney, Danielle N.
Parsons. The file is closed.

Ghunise L. Coaxum
Branch UPL Counsel
UPL Department, Orlando

Danielle Nicole Parsons complaint referred to grievance committee

Wednesday, August 6, 2014

Defendants’ Rule 1.150 Motion To Strike Sham Pleadings

Defendants’ Rule 1.150 Motion To Strike Sham Pleadings

Two weeks ago I filed a motion to strike sham pleadings in my state court foreclosure. My full motion appears below. This motion was filed as a placeholder or caveat, and only set for hearing prior to the Plaintiff scheduling any hearings, and pending exhaustion of federal judicial review, federal administrative review, investigative law enforcement agency inquiry, and The Florida Bar inquiry of Plaintiff’s counsel Ms. Parsons. (Disclaimer: I am not a lawyer, and this is not legal advice, see my disclaimer at the end of the blog roll. If you have specific questions related to information available on this site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.)

Also see the 4closure Fraud blog, Robo-Zombies Attack! Full Deposition of Victoria Scott: Sham Verification of a Foreclosure Complaint, January 6, 2014. Below are some of the statutes, rules and case law I relied upon in my motion to strike sham pleadings in my foreclosure.


7.    The verification found in the foreclosing Plaintiff’s Verified Complaint is a sham pleading and should be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P.


(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown.
(b) Contents of Motion. The motion to strike shall be verified and shall set forth fully the facts on which the movant relies and may be supported by affidavit. No traverse of the motion shall be required.

Florida Supreme Court Verification Rule

8.    The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of mortgage foreclosure complaints involving residential real property. In re Amendments to the Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010):

First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded "lost note" counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.

See also In re Amendments to the Fla. Rules of Civil Procedure–Form 1.996 (Final Judgment of Foreclosure), 51 So.3d 1140, 1140–41 (Fla.2010) ("In light of recent reports of alleged document fraud and forgery in mortgage foreclosure cases, this new requirement is particularly important.").

9.    Florida Rule of Civil Procedure 1.110(b) and section 92.525, Florida Statutes (2011), govern verification. Rule 1.110(b) provides, in pertinent part, as follows:

When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement:

"Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief."

Section 92.525 Florida Statutes provides, in pertinent part, as follows:
(1) When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).

(2) A written declaration means the following statement: "Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true," followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words "to the best of my knowledge and belief" may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.


10.    Section 837.06, Florida Statutes, governs False official statements.

837.06 False official statements.—Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


23.    The Court has the inherent power to sanction perjury, misconduct and other fraud by the Plaintiff. A plain reading of section 57.105(1) Florida Statutes shows sanctions may be awarded "upon the court’s initiative".

 Defendants' Rule 1.150 Motion to Strike Sham Pleadings-July 25, 2014