Public Defender 13th Judicial Circuit-negligence-no Records July-2015

Public Defender 13th Judicial Circuit-Negligence-No Records July-2015 Nichole Hanscom, Attorney, Administration/Operations, The Law Offices of Julianne M. Holt, Office of Public Defender 13th Judicial Circuit emailed me July 14, 2015 @ 2.56 PM: In response to your request dated July 13, 2015, please be advised that I can find no records to indicate you are or have been a client of this office; we do not have any file to provide to you. It appears that in 2011, correspondence was mailed to your home address by this office. The envelope was inadvertently pre-marked with an “attorney client privilege” warning, but I assure you there is no record that you are or have been a client of this office. Ms. Hanscom is wrong. The attached clerk's determination appointed the public defender May 27, 2011. A motion June 1, 2015 by public defender Mike Peacock acknowledged the appointment. A transcript of a hearing June 1, 2011 shows public defender Mike Peacock appeared, and appeared to engage in professional negligence.
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Page 1 of 2 Neil Gillespie From: To: Cc: Sent: Subject: "Nichole Hanscom" "Neil Gillespie" "Julie Holt" Tuesday, July 14, 2015 2:56 PM RE: Records request for client file of Neil J. Gillespie-July-13-2015 Dear Mr. Gillespie,   In response to your request dated June 24, 2015, your payment was received on July 10, 2015; I anticipate the personnel file of Ms. Maria Castagliuolo will be produced for you tomorrow. As you have requested, I will email a PDF of the records to this email address.   In response to your request dated July 13, 2015, please be advised that I can find no records to indicate you are or have been a client of this office; we do not have any file to provide to you. It appears that in 2011, correspondence was mailed to your home address by this office. The envelope was inadvertently pre-marked with an “attorney client privilege” warning, but I assure you there is no record that you are or have been a client of this office.   Thank you,     Nichole Hanscom Attorney, Administration/Operations Fla Bar No 96373 Law Office of Julianne Holt Public Defender, 13th Circuit 813.277.1424 [email protected]         From: Neil Gillespie [mailto:[email protected]] Sent: Tuesday, July 14, 2015 1:25 PM To: Julie Holt; Nichole Hanscom Cc: Neil Gillespie Subject: Records request for client file of Neil J. Gillespie-July-13-2015 Importance: High VIA UPS No. 1Z64589FP299906572 Email: [email protected] Julianne M. Holt The Law Offices of Julianne M. Holt Public Defender of the 13th Judicial Circuit 7/14/2015 Page 2 of 2 700 East Twiggs Street, 5th Floor Tampa, Florida 33602 Email: [email protected] Nichole Hanscom Attorney, Administration/Operations The Law Offices of Julianne M. Holt Office of Public Defender 13th Judicial Circuit 700 East Twiggs Street, 8th Floor Tampa, FL 33602 Dear Ms. Holt and Ms. Hanscom: Please find attached a records request, delivered to your office earlier today, for the entire contents of my file, Neil J. Gillespie or Neil Gillespie, as a client of your office, The Law Offices of Julianne M. Holt, Public Defender, 13th Judicial Circuit. Enclosed is evidence of our attorney-client relationship, a copy of an envelope from your office postmarked June 1, 2011 addressed to me, MR NEIL GILLESPIE 8092 SW 115th Loop Ocala FL 34481 marked "ATTORNEY - CLIENT Privilege Applies". Thank you in advance for the courtesy of a response. Time is of the Essence. Sincerely, Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481 Tel. (352) 854-7807 Email: [email protected] Confidentiality Notice: You are advised that this communication is for use only by the intended recipient(s) and contains information that may be secret, private, privileged, confidential or copyrighted under applicable law. This includes any and all attachments hereto. If you are not the intended recipient (s), you are hereby notified that any saving, reproduction, use, copying or distribution of this communication, in whole or in part, in any manner, is strictly prohibited. If received in error, please advise the sender immediately by reply e-mail and delete this message and any attachments without retaining a copy. If you properly received this e-mail as a client, co-counsel or retained expert of the Office of the Public Defender of the 13th Judicial Circuit of Florida, you should maintain its contents in confidence (not discuss the contents with others or otherwise share the contents with others) in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. Additional Notice: If you are not a current client of the Office of the Public Defender of the 13th Judicial Circuit you should not construe anything in this e-mail in a manner to believe that you have become a client of the firm, unless this e-mail contains a specific statement that you have become a client of the firm. By responding in this e-mail, the Office of the Public Defender of the 13th Judicial Circuit has not necessarily agreed to undertake representation of you or others. Further, if you are not a current client of the Office of the Public Defender of the 13th Judicial Circuit you should not disclose anything to the Office of the Public Defender of the 13th Judicial Circuit in reply that you expect it to hold in secret, in confidence, or otherwise have protected by attorney-client privilege. This communication does not constitute consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. 7/14/2015 July 13, 2015 VIA UPS No. 1Z64589FP299906572 Email: [email protected] Julianne M. Holt The Law Offices of Julianne M. Holt Public Defender of the 13th Judicial Circuit 700 East Twiggs Street, 5th Floor Tampa, Florida 33602 Email: [email protected] Nichole Hanscom Attorney, Administration/Operations The Law Offices of Julianne M. Holt Office of Public Defender 13th Judicial Circuit 700 East Twiggs Street, 8th Floor Tampa, FL 33602 Dear Ms. Holt and Ms. Hanscom: This is a records request for the entire contents of my file, Neil J. Gillespie or Neil Gillespie, as a client of your office, The Law Offices of Julianne M. Holt, Public Defender, 13th Judicial Circuit. Enclosed is evidence of our attorney-client relationship, a copy of an envelope from your office postmarked June 1, 2011 addressed to me, MR NEIL GILLESPIE 8092 SW 115th Loop Ocala FL 34481 marked “ATTORNEY - CLIENT Privilege Applies”. Thank you in advance for the courtesy of a response. Sincerely, Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481 Tel. (352) 854-7807 Email: [email protected] Enclosure Law Offices of JULIANNE M. HOLT . 4-t-¢ POs~(f' .-: li Public Defender Thirteenth Judicial Circuit ofFlorida 700 E. Twiggs Street, 5th Floor Po. Box 172910 Tampa, Florida 33672-0910 ~ '" _ "nNfV $ B~ 00.44° 02 1A 0004616168 JUN01 2011 - MAILED FROM ZIP CODE 33602 MR NEIL GILLESPIE 8092 SW 11S TH LOOP OCALA FL 34481 ATTORNEY - CLIENT Privilege Applies .. s {i. ':-.­ t= :;.;...:=;'­ :;:448 i i3S::·-; ,,, ""'"','"I1I""IIII,,II,,J,1. ,11"/,,, II, I. 1"1. 11,,/,/ Record Request copy to Nichole Hanscom, Attorney, Administration/Operations, 8th Floor July 13, 2015 VIA UPS No. 1Z64589FP299906572 Email: [email protected] Julianne M. Holt The Law Offices of Julianne M. Holt Public Defender of the 13th Judicial Circuit 700 East Twiggs Street, 5th Floor Tampa, Florida 33602 Email: [email protected] Nichole Hanscom Attorney, Administration/Operations The Law Offices of Julianne M. Holt Office of Public Defender 13th Judicial Circuit 700 East Twiggs Street, 8th Floor Tampa, FL 33602 Dear Ms. Holt and Ms. Hanscom: This is a records request for the entire contents of my file, Neil J. Gillespie or Neil Gillespie, as a client of your office, The Law Offices of Julianne M. Holt, Public Defender, 13th Judicial Circuit. Enclosed is evidence of our attorney-client relationship, a copy of an envelope from your office postmarked June 1, 2011 addressed to me, MR NEIL GILLESPIE 8092 SW 115th Loop Ocala FL 34481 marked “ATTORNEY - CLIENT Privilege Applies”. Thank you in advance for the courtesy of a response. Sincerely, Neil Gillespie 8092 SW 115th Loop Ocala, FL 34481 Tel. (352) 854-7807 Email: [email protected] Enclosure Law Offices of JULIANNE M. HOLT . 4-t-¢ POs~(f' .-: li Public Defender Thirteenth Judicial Circuit ofFlorida 700 E. Twiggs Street, 5th Floor Po. Box 172910 Tampa, Florida 33672-0910 ~ '" _ "nNfV $ B~ 00.44° 02 1A 0004616168 JUN01 2011 - MAILED FROM ZIP CODE 33602 MR NEIL GILLESPIE 8092 SW 11S TH LOOP OCALA FL 34481 ATTORNEY - CLIENT Privilege Applies .. s {i. ':-.­ t= :;.;...:=;'­ :;:448 i i3S::·-; ,,, ""'"','"I1I""IIII,,II,,J,1. ,11"/,,, II, I. 1"1. 11,,/,/ https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP299906572&refNumbers=&loc=en_US Proof of Delivery Close Window Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number: Service: Weight: Shipped/Billed On: Delivered On: Delivered To: Signed By: 1Z64589FP299906572 UPS Ground 1.00 lb 07/13/2015 07/14/2015 11:41 A.M. 700 E TWIGGS ST 5 TAMPA, FL, US 33602 BUTTERFIELD Left At: Reception Thank you for giving us this opportunity to serve you. Sincerely, UPS Tracking results provided by UPS: 07/14/2015 12:53 P.M. ET Print This Page Close Window https://www.ups.com/uis/create?ActionOriginPair=default___PrintWindowPage&key=labelWindow&type=html&loc=en_US&instr=A&doc=shipment... UPS Internet Shipping: View/Print Label 1. Ensure there are no other shipping or tracking labels attached to your package. Select the Print button on the print dialog box that appears. Note: If your browser does not support this function select Print from the File menu to print the label. 2. Fold the printed label at the solid line below. Place the label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT TO UPS Customers with a Daily Pickup Your driver will pickup your shipment(s) as usual. Customers without a Daily Pickup Take your package to any location of The UPS Store®, UPS Access Point(TM) location, UPS Drop Box, UPS Customer Center, UPS Alliances (Office Depot® or Staples®) or Authorized Shipping Outlet near you. Items sent via UPS Return Services(SM) (including via Ground) are also accepted at Drop Boxes. To find the location nearest you, please visit the 'Find Locations' Quick link at ups.com. Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping packages. Hand the package to any UPS driver in your area. UPS Access PointTM UPS Access PointTM THE UPS STORE THE UPS STORE 11100 SW 93RD COURT RD 3101 SW 34TH AVE OCALA ,FL 34481 OCALA ,FL 34474 FOLD HERE IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION NEIL J. GILLESPIE, CASE NUMBER: 05-CA-7205 Plaintiff, DIVISION: J VS. BARKER, RODEMS & COOK, P.A., a Florida corporation; WILLIAM 1. COOK Defendants. l _ _ _ _ _ _ _ _ _ _ _ _ _ _---e OFFICE OF THE PUBLIC DEFENDER'S MOTION FOR CLARIFICATION COMES NOW, the undersigned on behalf of the Office of the Public Defender, to seek clarification of a Clerk's Detennination dated May 27, 2011, attached hereto as Exhibit A, allegedly appointing the Office of the Public Defender on behalf of the plaintiff, Neil Gillespie, in this cause based upon the following: I. An Application for Criminal Indigent Status and Clerk's Detennination attached hereto as Exhibit A purports to appoint the Office of the Public Defender to represent the plaintiff in this cause. 2. It appears from the docket in this cause that Neil Gillespie is the plaintiff in this cause and that he is before the Court based upon an Order to Show Cause. 3. Section 27.51, Florida Statutes, sets forth the duties of the Public Defender. The duties of the Public Defender under Section 27.5 I (b)(3), Florida Statutes, provide that the Public belief that the plaintiff in this cause, Neil Gillespie, is facing an action for criminal contempt. I WHEREFORE. the undersigned seeks to clarify with the Court the applicability of the Application for Criminal Indigent Status and Clerk's Detennination as evidenced in Exhibit A, attached hereto. I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to Neil Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Ryan C. Rodems, Esq. of Barker, Rodems & Cook, P.A., 400 North AsWey Drive, Suite 2100, Tampa, FL 33602, and to Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603, by hand or U.S. mail delivery, this 1st day of June, 2011. Mi acock Florida Bar # 0303682 Post Office Box 172910 Tampa, Florida 33672-0910 (813) 272-5980 (813) 272-5588 (fax) [email protected] Ikm 2 IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA STATE OF FLORIDA· vs. t1-e.. \ LQJ I\~'I t Defendant/Minor Child CASE NO. . /" APPLICATION FOR CRIMINAL INDIGENT STATUS _~_I AA ~M' SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER . OR I HAVE A PRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS Notice to Applicant: The provision of a public defenderlcourt appointed lawyer and costs/due process services are not free. AjUdgment and lien may be imposed agains.t all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee fQr each application filed. If the application fee is not paid to the Clerli of the Court within 7 days, it will be added to any oosts that may be assessed against you at the oonclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must include your income and assets. 1. I have Udependents. (Do not incl!,hildren not living at home and do not include a working spouse or yourself.) . 2. 1have a take home income of $ ~ paid () weekly () bi-weekly ( ) semi-monthly () monthly ( ) yearly (Take home inoome equals salary, wages, bon;;ies, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court-ordered support payments) ~ 3. I have other inco.me paid ( ) weekly ( ) bi-WeekJY~semi-mpQ1l1~~thIY ( ) yearly: (Circle "Yes" and fill in the amount if you have this kind of inoome, otherwise circl~o? Social 5ecurilybenefits es $ No Veterans' benefit............................... Yes $,------I(!9i. Unemployment oompensation................. s $ Child suppor! or other regular support ~.. Union Funds Yes $ . 0 from family members/spouse...... . Yes $ . . Workers oompensation : Yes $ I Rental incOme................................. Yes $ . .Retirement/pensions Yes $ . Dividends or interest.. :............. Yes $ Trusts or gifts Yes $ 0 Other kinds of inoome not on the lis!...... Yes.$· -1-1---- """""" I h,w ~,,~~~~'~::'~~~~~,"'s'"~ , ~:~~c:~}(~~~~ft·~; · I 0 No' ® · Yes $ money market accounts Yes $ ~ "Equity in Motor VehiclesIBoatsi ~/"" Other tangible property.................. ~eI ~ ~V ~ No Us! the year/make/model and tag#: I~iJ?~~.~ . r "L~~ Y;cf "lgtb- I ....' : 5. I have atotal amount of liabilities and debts in the amount of ~ 6. I receive: (Circle "Yes" or "No? . .. '" lf7; O~ c.~ ~:~... ~to~"""""'~1:=l =~ ~~~~k~~~i'~~~'i~~d~di~'~~~i~~)'~: ~'~~---~~~' 'No' U" "Equity means value minus loans. Also Iist:anyexpe~cy In an interest in such property. Ust the address of this property: . '. ~ Address City, State, Zip .." County of Residence Z ---,_ W Ul TemP9rary Assistance for Needy Families-Cash Assistance :... "Als Poverty-related veterans' benefits.................................................................................................................................................... Yes Supplemental security Inoome (551) :............................ Yes 7. I have been released on bail in the amount of $ ~. Cash _ _ Surety __ Posted by: Self __ Family __ Other ~ .~ CJ'I""" A persen who knowingly provides false information to the clerk or the oourt in seeking a determination of indigent status under s. 27.52, F.5., oommits a misdemeanor of the first degree, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. I attest that the information I have provided on this Application is true and accurate to the best of my ~ knowledge.· A7 Signed this day of . Mil! ,2olL· ./ ~.#: ~ -r',,?/. _//------..:... _/" Sig 17~G Print Full L al Name Date of Birth S . . /? 1-;'} J / <) A . r"/ Address ' Driver's license or ID numberU -/0C'-bCXJ~~VII ~ity, State, Zip' Phone l1umber pIC; ,- .r.ao. CLERK'S DETERMINATION V-;;::ed n the inf rmation 'in this Application, I have determined the applicant to be ~ent =-_V;;:_Th~ P blic Def nder is hereby appointed to the case listed above until relieved by the Court. M' -D1te ) , . ( ) Not Indigent ( PATFRA'NK--------~---------- ... ------ ... -_ .. Clerk of the Circuit Court This fonn was completed with the assistance of _ _Clerk/Deputy Clerk/Other authorized person APPLICANTS FOUND NOT INDIGENT MAY"SEEK REVIEW BY ASKING fOR A HEARING TIME, Sign here if you want the judge to review the clerk's decision of not indigent 06/18/10 EXHIBIT "A" IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA GENERAL CIVIL DIVISION NEIL J. GILLESPIE, Plaintiff, CASE NUMBER.: 05-CA-7205 DIVISION: J v. BARKER, RODEMS & COOK, P.A., a Florida corporation; WILLIAM COOK Defendants. J. - - - - - - - - - - - - -/ ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER OF THE THIRTEENTH JUDICIAL CIRCUIT FROM REPRESENTATION OF PLAINTIFF NEIL GILLESPIE THIS CAUSE having come to be heard on the Motion of the Office of the Public Defender for Clarification and the Court being fully advised in the premises does hereby relieve the Office of the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause as there is no lawful basis for the appointment of the Office of the Public Defender to represent the plaintiff in the cause currently before the Court. DONE AND ORDERED at Tampa, Hillsborough County, Florida on this _ _ day of June, 2011. HONORABLE JAMES D. ARNOLD CIRCUIT COURT JUDGE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA Copies furnished to: --'----'--Neil-GilJ'€ s pi€ , 8092-SW-l-lS th Loop,~,I1-.f::.:J443-1 . B__ . . -- . u.. .. .. -~----_ .. -- -- .... Ryan C. Rodems, Barker, Rodems & Cook, 400 North Ashley Dr., Ste. 2100, Tampa, FL 33602 Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603 Mike Peacock, Office of the Public Defender /km ORIGINAL ~!GNED JUi~ JA~~S - 1 2Ull !:'..~.~NOtD CIRCUIT JUDGE m - - - ­ .. Law Offices of JULIANNE M. HOLT . 4-t-¢ POs~(f' .-: li Public Defender Thirteenth Judicial Circuit ofFlorida 700 E. Twiggs Street, 5th Floor Po. Box 172910 Tampa, Florida 33672-0910 ~ '" _ "nNfV $ B~ 00.44° 02 1A 0004616168 JUN01 2011 - MAILED FROM ZIP CODE 33602 MR NEIL GILLESPIE 8092 SW 11S TH LOOP OCALA FL 34481 ATTORNEY - CLIENT Privilege Applies .. s {i. ':-.­ t= :;.;...:=;'­ :;:448 i i3S::·-; ,,, ""'"','"I1I""IIII,,II,,J,1. ,11"/,,, II, I. 1"1. 11,,/,/ 1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY CIVIL DIVISION NEIL J. GILLESPIE, Plaintiff, CASE NO: 05-CA-7205 vs. DIVISION: "J" BARKER, RODEMS & COOK, P.A., a Florida corporation; WILLIAM J. COOK, Defendants. ___________________________/ TRANSCRIPT OF PROCEEDINGS BEFORE: THE HONORABLE JAMES D. ARNOLD Circuit Court Judge TAKEN AT: Hillsborough County Courthouse Tampa, Florida DATE AND TIME: June 1, 2011 11:00 a.m. REPORTED BY: Penny M. Appleton Berryhill & Associates, Inc. 501 E. Kennedy Boulevard, Suite 775 Tampa, Florida 33602 (813) 229-8225 2 A P P E A R A N C E S 1 2 Ryan C. Rodems 3 Attorney at Law Barker, Rodems & Cook, P.A. 400 North Ashley Drive, Suite 2100 4 Tampa, Florida 33602 Representing the Defendants 5 Mike Peacock 6 7 8 9 Administrative Counsel Law Office of Julianne M. Holt Public Defender Thirteenth Judicial Circuit 700 E. Twiggs Street, Fifth Floor PO Box 172910 Tampa, Florida 33672-0910 Representing the Public Defender's Office 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 3 1 Thereupon, the following proceedings commenced: 2 THE COURT: 3 MR. RODEMS: 4 THE COURT: 5 6 cause. Good morning. Good morning, Your Honor. Okay. We're here on an order to show Is that correct? MR. RODEMS: Yes, sir, Your Honor, and I'm 7 Christopher Rodems on behalf of Barker, Rodems & Cook, 8 P.A., and William J. Cook. 9 THE COURT: Okay. I believe Mr. Gillespie was 10 personally served with my order ordering him to appear 11 to show cause why he should not be held in contempt for 12 his failure to give a deposition and to produce 13 documentation. 14 MR. RODEMS: 15 THE COURT: 16 MR. RODEMS: Is that correct? Yes, sir. Okay. The Marion County Sheriff's Office 17 sent me a return of service indicating that he was 18 served on May 11th of 2011. 19 court on May 25th. 20 fax from Mr. Gillespie, which he faxed to me an e-mail 21 that he send to David A. Roland and several others, and 22 he states in the letter to Mr. Roland, quote, I am not 23 attending the hearing today for the reasons stated in 24 the application to Justice Thomas, period, close quote. 25 I have a copy of this, if the Court would like it. I did file that with the I've also received, this morning, a Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 4 1 THE COURT: 2 MR. RODEMS: To Justice Thomas? Apparently, he's filed something with 3 the United States Supreme Court. 4 that here as well. 5 THE COURT: 6 MR. RODEMS: 7 THE COURT: 8 MR. PEACOCK: 9 There's a copy of Like I said, I'll be happy to -- Sure. -- hand it to you. Mr. Peacock, good morning. Good morning, Your Honor. How are you, sir? 10 THE COURT: 11 MR. PEACOCK: Fine. Thank you. Fine. How are you? I'm here -- if I may just 12 interject, I have a motion. 13 counsel. 14 of the Office of the Public Defender. 15 attached to that motion an order that was entered by 16 the Clerk of Court appointing Ms. Holt's office to 17 represent who I believe to be the Plaintiff in this 18 cause. 19 for that appointment. 20 made on what would be a criminal affidavit of 21 indigency. 22 I've provided a copy to This is a motion for clarification on behalf You'll find I don't believe there's any statutory authority The appointment was actually I cite the particular statutes of 27 -- Chapter 27 23 of Florida Statutes which limit the authority of the 24 Public Defender, and from all information that I am 25 aware of, I have no reason to believe that -- that Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 5 1 there's a basis for the appointment of the Office of 2 the Public Defender. 3 Based upon the interim order of the Court, though, 4 which is attached as Exhibit A to the motion, I appear 5 before you today because the clerk's determination 6 pursuant to statute says that the Officer of the Public 7 Defender is appointed until relieved by the Court. 8 would presume the Court would find it was appropriate 9 to relieve us, and I have prepared an order directing 10 that we be relieved because of the lack of a legal 11 basis for the appointment of Ms. Holt's office. 12 13 THE COURT: Well, we are here on an order to show cause in a civil contempt proceeding. 14 MR. PEACOCK: 15 THE COURT: 16 I I understand. We're not even here on a criminal matter. 17 MR. PEACOCK: 18 THE COURT: I understand that, Your Honor. And I am not appointing a public 19 defender, and I am going to sign an order relieving the 20 public defender because this is not a criminal 21 proceeding. 22 MR. PEACOCK: 23 THE COURT: 24 pleasure to see you. 25 Thank you, Your Honor. MR. PEACOCK: Thank you, Mr. Peacock. Thank you, Your Honor. Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 Always a 6 1 THE COURT: Take care. 2 All right. Let the record reflect that 3 Mr. Gillespie was personally served with my order 4 ordering him to appear this morning to show cause why 5 he should not be held in civil contempt of court for 6 his failure to give a deposition, appear at a 7 deposition, give a deposition and produce documents 8 requested pursuant to a subpoena duces tecum. 9 correct, counselor? 10 11 12 MR. RODEMS: Is that As a party of notice of deposition duces tecum, Your Honor. THE COURT: Therefore, I'm going to issue a 13 warrant for his arrest and order that he be picked up 14 and brought before the Court to show cause why I 15 shouldn't hold him in civil contempt of court. 16 order is immediate arrest. 17 18 19 The Is there anything else we need to take up this morning? MR. RODEMS: Your Honor, is that writ that you're 20 referring to -- is that something Your Honor will 21 prepare? I have prepared a proposed one. 22 THE COURT: 23 MR. RODEMS: 24 THE COURT: 25 I'll take a look at your proposed. Yes, sir. This just says for failure to appear for deposition as ordered by the Court. Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 It should be 7 1 for failure to appear at deposition and produce 2 documents pursuant to the subpoena duces tecum. 3 MR. RODEMS: 4 THE COURT: Yes, sir. The only problem is it says for 5 immediate -- immediately within 48 hours; however, if 6 for some reason the gentleman is picked up in another 7 county, they would have to bring him back, and also the 8 fact that if he was picked up on a Friday evening, say, 9 at seven o'clock on a Friday evening, the 48 hours 10 would run on a Sunday evening, so I'm going to change 11 that to 72 hours. 12 hours. 13 MR. RODEMS: 14 THE COURT: 15 MR. RODEMS: 17 THE COURT: 19 20 Yes, sir, I will. And also, for -- also, failure to appear at deposition and to produce documents. 16 18 So if we make that change to 72 be correct. Yes, sir, I will. And also, your second page appears to Okay. MR. RODEMS: Can you get me that this afternoon? I'll have it to you before noon, Your Honor. 21 THE COURT: Thank you so much. 22 (The hearing concluded at 11:16 a.m.) 23 24 25 Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 8 C E R T I F I C A T E 1 2 STATE OF FLORIDA 3 COUNTY OF HILLSBOROUGH 4 I, Penny M. Appleton, Court Reporter for the 5 6 Circuit Court of the Thirteenth Judicial Circuit of the 7 State of Florida, in and for Hillsborough County, DO HEREBY CERTIFY, that I was authorized to and 8 9 did, report in shorthand the proceedings and evidence in the 10 above-styled cause, as stated in the caption hereto, and 11 that the foregoing pages constitute a true and correct 12 transcription of my shorthand report of said proceedings and 13 evidence. 14 IN WITNESS WHEREOF, I have hereunto set my hand in 15 the City of Tampa, County of Hillsborough, State of Florida 16 this 2nd day of June, 2011. 17 18 19 20 21 22 23 24 ___________________________ Penny M. Appleton 25 Berryhill & Associates, Inc. 501 East Kennedy Boulevard, Suite 775 9 A a 1:6 2:1,1,1 3:12,17,19 3:21,25 4:3,12,12,13,20 5:1,4,10,13,15,18,20,23 6:6,6,7,8,10,12,21,22 7:8,9,10 8:1,11 above-styled 8:10 actually 4:19 Administrative 2:6 affidavit 4:20 afternoon 7:18 all 4:24 6:2 also 3:19 7:7,14,14,17 Always 5:23 am 3:22 4:24 5:18,19 an 3:4,20 4:15 5:9,12,19 and 1:1,17 3:6,8,12,21,21 4:24 5:9,18,19 6:7,13 6:14 7:1,7,14,15,17 8:7 8:8,9,10,11,12 another 7:6 any 4:18 anything 6:17 Apparently 4:2 appear 3:10 5:4 6:4,6,24 7:1,15 appears 7:17 Appleton 1:19 8:5,24 application 3:24 appointed 5:7 appointing 4:16 5:18 appointment 4:19,19 5:1 5:11 appropriate 5:8 are 4:8,10 5:12 ARNOLD 1:13 arrest 6:13,16 as 4:4 5:4 6:10,25 8:10 Ashley 2:3 Associates 1:23 at 1:15 2:2 6:6,22 7:1,9 7:15,22 attached 4:15 5:4 attending 3:23 Attorney 2:2 authority 4:18,23 authorized 8:8 aware 4:25 a.m 1:17 7:22 B back 7:7 Barker 1:6 2:3 3:7 Based 5:3 basis 5:1,11 be 3:11 4:4,17,20 5:10 6:5 6:13,25 7:18 because 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fact 7:8 failure 3:12 6:6,24 7:1,14 fax 3:20 faxed 3:20 Fifth 2:8 file 3:18 filed 4:2 find 4:14 5:8 Fine 4:10,11 Floor 2:8 Florida 1:1,6,15,25 2:4,9 4:23 8:2,7,15 following 3:1 for 1:1 3:11,23 4:13,19 5:1,11 6:5,13,24,25 7:1 7:4,6,14 8:5,7 foregoing 8:11 Friday 7:8,9 from 3:20 4:24 G gentleman 7:6 get 7:18 Gillespie 1:3 3:9,20 6:3 give 3:12 6:6,7 going 5:19 6:12 7:10 good 3:2,3 4:7,8 H hand 4:6 8:14 happy 4:4 D 1:13 have 3:25 4:12,25 5:9 DATE 1:17 6:21 7:7,19 8:14 David 3:21 he 3:11,17,20,21,22 6:5 day 8:16 6:13 7:8 Defendants 1:8 2:4 hearing 3:23 7:22 defender 2:7 4:14,24 5:2 held 3:11 6:5 5:7,19,20 here 3:4 4:4,11 5:12,15 Defender's 2:9 deposition 3:12 6:6,7,7,10 HEREBY 8:8 hereto 8:10 6:25 7:1,15 hereunto 8:14 determination 5:5 he's 4:2 did 3:18 8:9 Hillsborough 1:1,15 8:3,7 directing 5:9 8:15 DIVISION 1:2,5 him 3:10 6:4,15 7:7 DO 8:8 D his 3:12 6:6,13 hold 6:15 Holt 2:6 Holt's 4:16 5:11 Honor 3:3,6 4:8 5:17,22 5:25 6:11,19,20 7:20 HONORABLE 1:13 hours 7:5,9,11,12 How 4:8,10 however 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8:9,12 REPORTED 1:19 Reporter 8:5 represent 4:17 Representing 2:4,9 requested 6:8 return 3:17 right 6:2 Rodems 1:6 2:2,3 3:3,6,7 3:7,14,16 4:2,6 6:10,19 6:23 7:3,13,16,19 Roland 3:21,22 run 7:10 Ryan 2:2 S S 2:1 said 4:4 8:12 say 7:8 says 5:6 6:24 7:4 second 7:17 see 5:24 send 3:21 sent 3:17 served 3:10,18 6:3 service 3:17 set 8:14 seven 7:9 several 3:21 Sheriff's 3:16 shorthand 8:9,12 should 3:11 6:5,25 shouldn't 6:15 show 3:4,11 5:12 6:4,14 sign 5:19 sir 3:6,14 4:9 6:23 7:3,13 7:16 so 7:10,11,21 some 7:6 something 4:2 6:20 State 1:1 8:2,7,15 stated 3:23 8:10 states 3:22 4:3 statute 5:6 statutes 4:22,23 statutory 4:18 Street 2:8 subpoena 6:8 7:2 Suite 1:24 2:3 Sunday 7:10 Supreme 4:3 Sure 4:5 Twiggs 2:8 4 U understand 5:14,17 United 4:3 until 5:7 up 6:13,17 7:6,8 upon 5:3 us 5:9 V vs 1:5 W warrant 6:13 was 3:9,17 4:15,19 5:8 6:3 7:8 8:8 we 5:10,12 6:17 7:11 well 4:4 5:12 T We're 3:4 5:15 what 4:20 T 8:1,1 WHEREOF 8:14 take 6:1,17,22 which 3:20 4:23 5:4 TAKEN 1:15 Tampa 1:15,25 2:4,9 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