Beruflich Dokumente
Kultur Dokumente
GILLESPIE
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath
deposes upon personal knowledge and states:
1. I am over the age of eighteen and am competent to testify as to the facts and matters set
forth herein. I make this affidavit upon personal knowledge unless otherwise expressly stated.
2. August 20, 1988 I sustained traumatic brain injury (TBI) as described in Paragraph 19 of
my Amended Disability Motion, C.A.ll, Case No: 12-11213-C, U.S. Eleventh Circuit Court of
Appeals, August 6,2012, posted on Scrbid: https://www.scribd.com/document/l02585752/
19. a. Gillespie sustained traumatic brain injury (TBI) August 20, 1988. Gillespie was
assaulted by a gang of street criminals in center city Philadelphia who tried to steal his
Rolex watch. The assault began when one man ran in front of Gillespie and quickly knelt
down, while another man pushed Gillespie from behind, causing him to fall head-first
onto the cement sidewalk. Gillespie's head hit the sidewalk and he lost consciousness.
Specifically, Gillespie's forehead bone just above his right eye, at the eyebrow, made
violent contact with the cement sidewalk at a high velocity. Gillespie was also bleeding
from a laceration caused by the impact. A nearby police surveillance team observed the
assault, apprehended the assailants, and assisted Gillespie. The police took Gillespie in a
patrol car to Hahnemann University Hospital Emergency Department. Gillespie was
treated in the ER. The ER report is provided at Exhibit 11. The ER report shows Gillespie
received sutures to close a laceration to his right outer eye and did not remember the
incident. Gillespie had severe head pain, loss of cognitive and motor functions for several
weeks, and difficulty speaking and forming sentences. The ER report shows Gillespie
was 32 years-old, and left Hahnemann early the next morning against medical advice.
b. Gillespie departed New York harbor later that morning abroad the Queen
Elizabeth 2 (QE2) for a trip to Europe. The $50,000 trip was paid in advance, with return
flight on British Airways Concord, following the sale of his car business for $1.9 million.
Gillespie was treated onboard QE2 by ship's doctor for the duration of the crossing for
head pain and loss of cognitive and motor functions. The rest of the crossing he spent in
his cabin. Upon reaching Southampton, England Gillespie was still quite ill and spent a
lot of time in his hotel room. By the third week when Gillespie arrived in Paris his
condition improved some, but he still had difficulty speaking and forming sentences.
c. Within several months Gillespie appeared to have recovered from the brain
injury, but now that assessment appears incorrect. Today Gillespie shows long-term
AFFIDAVIT OF NEIL 1. GILLESPIE
Traumatic Brain Injury (TBI)
consequences ofTBI. The injury diminished Gillespie's business ability, and he never
held substantial employment since. Today Gillespie does not have a bank account
because he cannot manage one. Gillespie went from self-sufficiency to total disability in
1994. Gillespie's inability to manage funds resulted in two bankruptcy proceedings,
homelessness, and reliance on payday loan stores, which is how he met Barker, Rodems
& Cook, P.A. The bankruptcies are:
Traumatic brain injury (TBI) has been in the news in recent years as a result of military
injuries, and injuries in professional sports like football. This has caused Gillespie to
reassess the long-term consequences of the assault he sustained August 20, 1988.
Traumatic brain injury (TBI), also known as intracranial injury, occurs when
an external force traumatically injures the brain. TBI can be classified based on
severity, mechanism (closed or penetrating head injury), or other features (e.g.,
occurring in a specific location or over a widespread area). Head injury usually
refers to TBI, but is a broader category because it can involve damage to
structures other than the brain, such as the scalp and skull.
TBI is a major cause of death and disability worldwide, especially in children and
young adults. Causes include falls, vehicle accidents, and violence ....
TBI can cause a host of physical, cognitive, social, emotional, and behavioral
effects, and outcome can range from complete recovery to permanent disability or
death. . . http://en.wikipedia.org/wikitrraumatic_brain_injury
8. Exhibit 6 Social Security letter, no review at this time, September 16, 2015
9. Exhibit 7 Prior to Traumatic Brain Injury (TBI): A Deed executed June 29, 1988 by
Grantor Neil J. Gillespie (unmarried) for the transfer (sale) of my car business property in
Langhorne, Bucks County, Pennsylvania to Grantee REN GAR RIDGE, a General Partnership,
for and in consideration of One Million Nine Hundred Thousand ($1,900,000) Dollars. A related
RE announcement published in the Bucks County Courier Times is attached.
10. Exhibit 8 Wharton School Evening DivisionlPenn Transcript for Neil J. Gillespie
Prior to TBI: Spring 1986, term GPA 4.0 (Stat 101ev grade A)
After TBI: Fall 1988, term GPA dropped to 2.0 GPA
11. Exhibit 9 I was a client of the Division of Vocational Rehabilitation (DVR) Florida
in 1993-1994. Florida DVR did a vocational screening of me (Exhibit 9) in support of its IWRP.
12. Exhibit 10 Individualized Written Rehabilitation Plan (IWRP) March 29, 1994.
13. Florida DVR's vocational secreting of me reported "Test Results" for the "WRAT-R2"
on the second page. (Exhibit 9). NOTE: The IWRP was not implemented by Florida DVR.
READING 12+
SPELLING 12B
ARITHMETIC 7.4
The WRAT-R2 or Wide Range Achievement Test, currently the WRAT4, according to
Wikipedia, https:llen.wikipedia.org/wiki/Wide_Range_Achievement_Test
DVR did not connect the outlier arithmetic score and the failure of business #2 as an indication
of a serious impairment. I sold business # 1 for $1.9 million; it was not "dissolved".
"Mr. Gillespie has completed two years of college study at the University of
Pennsylvania, Wharton School of Business. He majored in Business at this time.
Subsequently, Mr. Gillespie worked as a car salesman and progressed to owner of two
separate car dealerships in the Philadelphia area. These businesses were later dissolved."
On information and belief, the Wide Range Achievement Test (WRAT-R2) results reported on
or about March 29, 1994 by the Florida Division of Vocational Rehabilitation (DVR) after I
sustained traunlatic brain injury on August 20, 1988, show a decline of my arithmetic ability
(WRAT-R2 grade score 7.4 [1994]) when compared against my actual Grade A: Statistics 101
Spring 1986, earned at the University of Pennsylvania, Wharton School, Evening Division
(equivalent WRAT-R2 score 13 [1986]); and successful operation from 1980 to 1988 of my car
business; and sale of my business property, sold June 29,1988 for $1.9 million dollars.
The DVR WRAT-R2 arithmetic grade score (7.4 [1994]) is an outlier observation point distant
from the WRAT-R2 reading grade score (12+ [1994]) and spelling grade score (12B [1994]).
The Florida DVR WRAT-R2 arithmetic grade score (7.4 [1994]) is an outlier compared to my
actual grade (equivalent WRAT-R2 score 13 [1986]) by nearly half.
14. Exhibit 11 American Bar Association story shows disabling effects ofTBI that led to
the suspension of Dale Thistle from the practice of law. "Brain injury leads to suspension for
Maine lawyer; 'I couldn't stick to tasks,' he says" by Debra Cassens Weiss, June 25, 2014.
"A Maine lawyer says he can no longer function effectively as a trial lawyer and he agrees with
his indefinite suspension, imposed by a Maine Supreme Judicial Court justice on May 27."
"Newport lawyer Dale Thistle, 66, attributes his problems to a traumatic brain injury caused by a
November 2011 car accident, CentralMaine.com reports. Complaints made to the bar about his
handling of cases "are serious and meritorious and directly stem from my brain injury," he told
the publication. "1 even self-reported a misfiling in federal court.""
"Thistle says his intelligence is intact but his ability to perform executive functions is impaired.
He suffers from minor seizures and small blackouts. "I couldn't organize my day-to-day life," he
told CentraIMaine.com. ~'I couldn't stick to the tasks. It's just the result of the brain injury.""
15. Exhibit 12 Order of Suspension May 27,2014, State of Maine Bar Board
16. Exhibit 13 Newport lawyer suspended from practice because of disability,
Bangor Daily News
17. Exhibit 14 Newport lawyer agrees with his suspension over disability concerns,
centralmaine.com
N J. Gille ~ Ie
The foregoing instrument was acknowledged before me, this' '" ~ ~:f
July, 2017 by
Neil J. Gillespie, who is personally known to me, or who has producedR- as
identification and states that he is the person who made this ffidavit and that its contents are
truthful to the best of his knowledge.
4
From my Amended Disability Motion, C.A.11, Case No: 12-11213-C
U.S. Eleventh Circuit Court of Appeals, August 6, 2012, posted on Scribd:
https://www.scribd.com/document/102585752/
Thank you for your letter of August 22,1997. Unfortunately I do not know of
someone in your area who specializes in the complications of craniofacial
disorders. I am sorry I cannot be of more help.
abuse, shows childhood physical and sexual abuse is associated with long-term deficits in
verbal short-term memory. These findings of specific deficits in verbal (and not visual)
memory, with no change in IQ, are similar to the pattern of deficits that we have
19. a. Gillespie sustained traumatic brain injury (TBI) August 20, 1988. Gillespie was
assaulted by a gang of street criminals in center city Philadelphia who tried to steal his
Rolex watch. The assault began when one man ran in front of Gillespie and quickly knelt
down, while another man pushed Gillespie from behind, causing him to fall head-first
onto the cement sidewalk. Gillespies head hit the sidewalk and he lost consciousness.
Specifically, Gillespies forehead bone just above his right eye, at the eyebrow, made
violent contact with the cement sidewalk at a high velocity. Gillespie was also bleeding
from a laceration caused by the impact. A nearby police surveillance team observed the
assault, apprehended the assailants, and assisted Gillespie. The police took Gillespie in a
treated in the ER. The ER report is provided at Exhibit 11. The ER report shows Gillespie
received sutures to close a laceration to his right outer eye and did not remember the
incident. Gillespie had severe head pain, loss of cognitive and motor functions for several
19
1
weeks, and difficulty speaking and forming sentences. The ER report shows Gillespie
was 32 years-old, and left Hahnemann early the next morning against medical advice.
b. Gillespie departed New York harbor later that morning abroad the Queen
Elizabeth 2 (QE2) for a trip to Europe. The $50,000 trip was paid in advance, with return
flight on British Airways Concord, following the sale of his car business for $1.9 million.
Gillespie was treated onboard QE2 by ships doctor for the duration of the crossing for
head pain and loss of cognitive and motor functions. The rest of the crossing he spent in
his cabin. Upon reaching Southampton, England Gillespie was still quite ill and spent a
lot of time in his hotel room. By the third week when Gillespie arrived in Paris his
condition improved some, but he still had difficulty speaking and forming sentences.
c. Within several months Gillespie appeared to have recovered from the brain
injury, but now that assessment appears incorrect. Today Gillespie shows long-term
consequences of TBI. The injury diminished Gillespies business ability, and he never
held substantial employment since. Today Gillespie does not have a bank account
because he cannot manage one. Gillespie went from self-sufficiency to total disability in
homelessness, and reliance on payday loan stores, which is how he met Barker, Rodems
20
Traumatic brain injury (TBI) has been in the news in recent years as a result of military
injuries, and injuries in professional sports like football. This has caused Gillespie to
reassess the long-term consequences of the assault he sustained August 20, 1988.
Traumatic brain injury (TBI), also known as intracranial injury, occurs when
an external force traumatically injures the brain. TBI can be classified based on
severity, mechanism (closed or penetrating head injury), or other features (e.g.,
occurring in a specific location or over a widespread area). Head injury usually
refers to TBI, but is a broader category because it can involve damage to
structures other than the brain, such as the scalp and skull.
TBI is a major cause of death and disability worldwide, especially in children and
young adults. Causes include falls, vehicle accidents, and violence.
TBI can cause a host of physical, cognitive, social, emotional, and behavioral
effects, and outcome can range from complete recovery to permanent disability or
death
http://en.wikipedia.org/wiki/Traumatic_brain_injury
20. Gillespie was diagnosed with adult onset type 2 diabetes in 2006. The record
shows Gillespie claimed exemption under section 222.25(2), Florida Statutes, for a
Compact Plus diabetes meter, serial no. GT13259382. Gillespies claim of exemption
was in response to Mr. Rodems garnishment of his exempt social security disability
money, more fully described in the Affidavit and Inventory of Personal Property of Neil
J. Gillespie and Designated Exemptions, Amended, July 29, 2010 in Hillsborough case
21
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8
STATE OF FLORIDA
VOCATIONAL SCREENING
OF
Rm 145
813 893-2261
9
VOCATIONAL SCREENING
CLIENT INFORMATION:
Neil Gillespie is a 38 year old white male currently residing
at 266 7th Avenue, North, St. Petersburg, FI 33701. Mr. Gillespie's
disability is congenital cleft palate. He lives alone and does have
regular contact with his immediate family. He possesses a valid
drivers license and has independent transportation. He was a self
referral to the Division of Vocational Rehabilitation. He requested
assistance with medical treatment relating to repair of the cleft
palate and assistance in determining an appropriate vocational
direction. Mr. Gillespie has completed two years of college study
at the University of Pennsylvania, Wharton School of Business. He
maj ored in Business a t this time. Subsequently, Mr. Gillespie
worked as a car salesman and' progressed to owner of two separate
care dealerships in the Philadelphia area. These businesses were
later dissolved.
SCREENING RESULTS:
Mr. Gillespie has held a variety of positions in the past.
Most of these have been in the area of sales and business
management.
Past work history includes:
Utility worker 3 months
Manager/Owner Auto Dealership 98 months
Auto Salesperson 48 months
Assistant Manager Retail Trade 36 months
Laborer Steel Industry 10 months
An unadjusted vocational profile was developed from the job
history. In order to confirm or deny these abilities the following
information and tests were utilized:
Medical Information from Pamela Kynkor M.S. dated 6/15/93
Jane Scheuerle Ed.D dated 6/2/93
Noreeen Frans M.S. dated 7/2/93
Mutaz Habal M.D. dated 5/5/93
Wide Range Achievement Test
Shipley Institute of Living Scale
Myers-Briggs
General Aptitude Test Battery
United States Employment Service Interest Inventory
Bender-Gestalt
TEST RESULTS:
WRAT-R2
READING 12+
SPELLING 12B
ARITHMETIC 7.4
BENDER-GESTALT
SUGGESTS AN INDIVIDUAL WITH TRENDS TOWARD HAVING HIS ENVIRONMENT
BOTH HOME AND WORK ORDERLY. THERE WERE SUGGESTIONS OF EXPANSIVE
TYPE OF INDIVIDUAL AND SOME SUGGESTION OF ACTING OUT BEHAVIOUR.
THESE WERE MINIMAL AND IF PRESENT COULD BE SEEN AS SOCIAL ACTIVISM
OR USE OF EXISTING PROCEDURES WITHIN COMPANIES, SOCIAL SERVICE
AGENCIES, ETC TO REDRESS GRIEVANCES.
USES-II
SEE GATB/USES SECTION
MYERS-BRIGGS
INTP exhibits great preC1Slon in thought & language. Continuous
intellectual scanning tends to see inconsistencies immediately. Has
excellent concentration. Authority does not impress the INTP;
dislikes redundancy. Desires to understand the universe and
constantly looks for universal laws & principles. Can become
intellectual snob & show impatience with those less endowed. This
is perceived as arrogance and generates hostility & defensive
behaviors from others. INTP is the mathematician, philosopher,
scientis t; any job requiring architecture of ideas; but INTP is not
interested in the implementation. Tend not to be sales people or
writers; make excellent teachers, but can be demanding on their
students. Not good at clerical tasks, impatient with routine
details. Prefer to work quietly, without interruption, and alone.
Do not welcome constant social activity or disorganization in the
home. The mate. of an INTP probably manages the social life. INTP
tends to retreat into books & emerges only when physical needs are
imperative. Has difficulty expressing emotions verbally; so the
mate may feel taken for granted. Home is usually calm, low key, and
well ordered. INTP deals with the environment primarily through
intui tion; thinking tends to be complicated and remains hidden
except in close associations; their reserve is difficult to
penetrate. This makes INTP difficult to know. Tend to be shy except
with close friends. Very adaptable until principles are violated.
Feeling qualities tend to be underdeveloped & make INTP insensitive
to the needs of others. About 1% of the population.
SHIPLEY
SHIPLEY RESULTS SHOW ESTIMATED IQ OF 93. THIS IS CONSIDERED TO BE
AN UNDERESTIMATE OF MR. GILLESPIE'S TRUE POTENTIAL. SOLID ABILITIES
EVIDENCED IN CULTURAL PART OF TASK. SLIGHT DIFFICULTY WITH ABSTRACT
PART OF SHIPLEY.
16PF
GATE/USES
PART RAW - A P T I T U DES OAP -
NO SCORE GGG VVV NNN SSS PPP 000 KKK FFF MMMM OA ## H M
1 [ 49] 118 Ar 01 [Y] [ ]
2 [ 18] 70 Sc 02 [ ] [ ]
3 [ 22] 20 117 Pa 03 [Y] [Y]
4 [ 31] 67 123 Pr 04 [Y] [ ]
5 [ 33] 67 Me 05 [Y] [Y]
6 [ 11] 26 19 In 06 [Y] [ ]
7 [ 30] 58 BD 07 [Y] [Y]
8 [ 70] 101 Se 08 [Y] [Y]
9 [ 90] 23 Ac 09 [Y] [ ]
10 [ 94] 72 Hu 10 [Y] [ ]
11 [ 29] 42 LI 11 [Y] [Y]
12 [ 28] 57 PP 12 [ ] [ ]
-------------------------------------------------------------------------------
APT SCORE [113] [123] [ 89] [117] [125] [118] [101] [ 99] [ 95] High Score Line
SEM 6 6 6 8 9 9 7 12 11 Std. Error Line
APT + SEM [119] [129] [ 95] [125] [134] [127] [108] [111] [ 106] Med. Score Line
DOT SCORE [2 -] [2+] [4+] [2=] [2+] [2=] [3=] [3=] [3 -] High Score Line
DOT + SEM [2+] [1-] [3-] [2+] [1=] [1-] [3+] [2-] [3+] Med. Score Line
G.A.T.B. APTITUDE GRAPH
===============================================================================
CLUSTER . I APT 00\ - 10\ 1 10\ - 33\ 1 33\ - 67\ 1 67\ - 90\ 1 90\ - 100\
---+---+---+---+---+---+---+-*-+---+---+---+---+---+---+--
-G- IGGG=======>1
COGNITIVE -v- 1 VVV===>
-N- I NNN===> 1 1
- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - -
- S 1 SSS===>1
PERCEPTUAL - P I PPP=======>
-0- 1 1 1 OQQ=======>
- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - - -+- - - - - - - - - -
-K KKK===>1 1
PSYCHOMOTOR -F 1 FFF=======> 1
-M- 1 IMMM=======>1 1
---+---+---+---+---+---+---+-*-+---+---+---+---+---+---+--
* DOT RANGE 5-1 5=1 5+1 4-1 4=1 4+1 3-1 3=1 3+1 2-1 2=1 2+1 1-1 1=1 1+
===============================================================================
I~ttd :J4~t~
Brad L. Meyer CRC
Senior VR Counselor
~
" ~:. Division 01 Vocational HchllLJllltallOI1
". ~" INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM
===== ,..,.. ,.. ./,,/,. ..
NAME NEIL GILLESPIE SOCIAL SECURITY NO.160525117
You have been determined eligible for:
_ _ _ Extended Evaluation" X Vocational Rehabilitation Services Post-Employment Services
Vocational Goal GENERAL PRACTIONER Amendment
EVALUATION CRITERIA: NEIL WILL OBTAIN AND MAINTAIN EMPLOYMENT FOR 9 MONTHS
AS CONFIRMED BY CLIENT AND OR EMPLOYER REPORT DU~ING MONTHLY VR GUIDANCE
SERVICE(S) Projected
end date
JOB PLACEMENT VR/FSES
TJTC (IF IN EFFECT)
4 . OBJECTIVE:
EVALUATION CRITERIA:
5 . OBJECTIVE:
EVALUATION CRITERIA:
Please sign below to show that you have helped to develop thi,S,..,PtOQr'Cltm
(
Date
Date f
Date
3i~7h~ Y'
Checklist
Rehabilitation technology
services were considered
and discussed: Yes_ _ ~- Not Appropriate
The individual requires
on-the-job
or related personal
employment services
http://www.abajournal.com/news/article/brain_injury_leads_to_suspension_for_maine_lawyer_i_couldnt_stick_to_tasks/
LEGAL ETHICS
A Maine lawyer says he can no longer function effectively as a trial lawyer and he agrees with his
indefinite suspension, imposed by a Maine Supreme Judicial Court justice on May 27.
Newport lawyer Dale Thistle, 66, attributes his problems to a traumatic brain injury caused by a
November 2011 car accident, CentralMaine.com (http://www.centralmaine.com/2014/06/20/newport-lawyer-agrees-with-his-
suspension-over-disability-concerns/) reports. Complaints made to the bar about his handling of cases are
serious and meritorious and directly stem from my brain injury, he told the publication. I even
self-reported a misfiling in federal court.
Thistle says his intelligence is intact but his ability to perform executive functions is impaired. He suffers
from minor seizures and small blackouts. I couldnt organize my day-to-day life, he told
CentralMaine.com. I couldnt stick to the tasks. Its just the result of the brain injury.
The Bangor Daily News (http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-from-practice-because-
of-disability/) calls Thistle a well-known lawyer in its earlier coverage of the suspension (http://www.maine.gov/tools
/whatsnew/attach.php?id=621489&an=1). He represented a former Newport official accused of embezzlement, a
14-year-old girl accused of stabbing her aunt 106 times, and class-action clients who claimed they
were illegally strip-searched at the Knox County jail.
Thistle can regain his license if his condition improves, but hes not optimistic. I have no plans at the
moment, he told CentralMaine.com. I dont know what Im going to do.
11
12
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-from-practice-because-of-disability/print/
AUGUSTA, Maine A well-known Newport lawyer has been suspended from the practice of law
because of a disability, according to the Maine Board of Overseers of the Bar.
Dale Thistle, 66, was suspended indefinitely on May 27, according to information released Monday
by the board.
Thistles order of suspension, signed by Maine Supreme Judicial Court Justice Ellen Gorman, said
that he appears to be a disabled attorney; as a result, he has committed apparent violations of the
Maine Rules of Professional conduct, thereby serving as a threat to clients, the public and to the
administration of justice.
His practice was placed into a receivership to be overseen by Michael A. Wiers, 65, of Hartland. He
is to deal with Thistles clients and report to the court about the financial shape of the practice,
13
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-from-practice-because-of-disability/print/
To be reinstated, Thistle must apply to the state supreme court. The suspension was recommended
by the legal staff at the Board of Overseers.
Thistle has represented many high profile defendants over the years, including Cindy Dunton, 52,
the former deputy clerk and treasurer in Newburgh. She was sentenced July 1, 2011, at the
Penobscot Judicial Center to to five years in prison with all but 20 months suspended for
embezzling nearly $200,000 from the town since 2006.
Dunton, who pleaded guilty in April 2011 to Class B theft by unauthorized taking, also was ordered
to be placed on probation for three years after serving her sentence and to pay about $252,000 in
restitution which is the sum of the money she stole plus attorney and forensic auditor fees.
Dunton was released Oct. 12, 2012, after serving 15 months of her sentence, according to
previously published reports.
Thistle also represented clients in at least half a dozen federal lawsuits alleging illegal strip
searches at county jails.
http://bangordailynews.com/2014/06/09/news/augusta/newport-lawyer-suspended-
from-practice-because-of-disability/ printed on June 25, 2014
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