Filing # 110873226 E-Filed 07/28/2020 05:58:53 AM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR MARION COUNTY

THE STATE OF FLORIDA,

vs. CASE NO. 2020-CF-2417

NEIL JOSEPH GILLESPIE

__________________________________/

DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION 2020-CF-2417

I HEREBY WAIVE CONFIDENTIALITY

Defendant NEIL JOSEPH GILLESPIE, an nonlawyer appearing pro se, in the first

person, files Defendant’s Request For Disability Accommodation, and states:

1. I am a person age 64 with disabilities, including type 2 diabetes, diabetic neuropathy,

BMI >40, hearing loss, and obstructive breathing/sleep apnea. I am at increased risk of being

infected with COVID-19. If I get infected, I am at an increased risk of death.

2. The Florida Supreme Court, and all inferior Florida courts, are subject to compliance

with the Americans With Disabilities Act (ADA), as amended:

• 42 U.S.C Chapter 126 - Equal Opportunities For Individuals With Disabilities

• ADA Amendments Act of 2008, PUBLIC LAW 110–325—SEPT. 25, 2008

The Fifth Judicial Circuit Florida, and all its judges, are subject to the ADA. The ADA is unique in that

wrongdoing courts and judges cannot hide behind immunity. Section 12202. State immunity,

A State shall not be immune under the eleventh amendment to the Constitution of the
United States from an action in?[1] Federal or State court of competent jurisdiction for a
violation of this chapter. In any action against a State for a violation of the requirements
of this chapter, remedies (including remedies both at law and in equity) are available for
such a violation to the same extent as such remedies are available for such a violation in
an action against any public or private entity other than a State.

Also see F.S. § 768.28 Waiver of sovereign immunity in tort actions; s. 13, Art. X, Fla Const.

3. Previously Judge Tatti denied, violated or ignored, disability accommodation requests:

DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION (2019-CF-4193)

DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION 2020-CF-2417

Filing # 109766038 E-Filed 07/02/2020 11:48:43 PM

8. I fired Mr. Phipps as counsel on March 27, 2020. His continued presence as
counsel in my case is a severe stressor to my disability of PTSD.
9. I request Mr. Phipps and the OCCCRC be removed as counsel from my case as
an disability accommodation.
10. I also need accommodation to understand beforehand “ZOOM” and how it
works.

DEFENDANT’S AMENDED REQUEST FOR DISABILITY ACCOMMODATION

Filing # 109977402 E-Filed 07/09/2020 08:07:17 AM (2019-CF-4193)

9. I fired Mr. Phipps as counsel on March 27, 2020. His continued presence as
counsel in my case is a severe stressor to my disability of PTSD.
10. I request Mr. Phipps and the OCCCRC be removed as counsel from my case
as an disability accommodation.
11. I also need additional disability accommodation to understand beforehand
“ZOOM” and how it works. Currently Zoom is not working for me, and less than
30 minutes remain until the hearing is scheduled to begin using Zoom. My
microphone is not working, so I cannot be heard.

4. The Department of Health is responsible for the state’s public health system which shall

be designed to promote, protect, and improve the health of all people in the state. (Fla. Stat. §

381.001). The Duties and powers of the Department of Health are found in Fla. Stat. § 381.0011.

The Department of Health declared coronavirus is a disease or condition to be reported, see FAC

64D-3.029 Diseases or Conditions to be Reported.

4. The Department of Health has enforcement authority (381.0012) of the Governor’s

COVID-19 Executive Orders governing this communicable disease (381.003). Under 381.0012

See, COVID-19 COMPLAINT TO DEPT OF HEALTH RE MARION COUNTY FLORIDA,

https://www.scribd.com/document/470460699/COVID-19-Complaint-to-Dept-of-Health

5. The Court demands my personal appearance July 28, 2020 at 9:00 AM in Courtroom 4A

of Judicial Center 110 NW 1st Ave., Ocala, FL. This in-court hearing is against the most recent

COVID-19 Administrative Order of the Florida Supreme Court, No. AOSC20-23 Amendment 5:

D. Essential and Critical Trial Court Proceedings. Essential and critical trial court
proceedings should continue to be conducted remotely or, if necessary, in person.

2
DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION 2020-CF-2417

(1) All circuit and county courts shall continue to perform essential court proceedings,
including but not limited to: first appearance; criminal arraignments;...
https://www.floridasupremecourt.org/ezs3download/download/639134/7265622

6. During my incarceration in the Marion County Jail Jun-13-2020 and Jun-14-2020:

• I was denied use of my diabetic footwear worn to the jail. Instead I was forced to wear
plastic slippers with ridges in the sole, “torture shoes” for a person with diabetic neuropathy.

• I was denied use of a CPAP machine for obstructive breathing/sleep apnea.

• On June 14, 2020, while held in the Marion County Jail, MCSO Jailer Gonzalez claimed
COVID-19 is a "fake virus" and refused to follow COVID-19 rules. I made a complaint on
the Inmate Request Form, see attached. However I was released from jail prior to time
permitted for submission of the Inmate Request Form.

• A "nurse" at the jail refused to wear gloves while performing glucose tests on inmates. This
alleged "nurse" instructed inmates to pass the glucose test meter from one to the next, none of
the inmates wore gloves or even washed hands. While I am type 2 diabetic, I skipped that risk.

• I was forced to suffer conditions that denied me the precautions and protections necessary to
mitigate the severe threat of COVID-19, including:

I did not have access to my usual dietary supplements

Shared public toilets were not sanitized between each use.
I did not have a safe way to dry his hands;
I must sleep within three feet of other inmates;
High touch surfaces within the jail pod are sanitized rarely;
I was not been provided a mask
Temperature checks were not being performed;
Social distance is not being observed/enforced.

• During a visit to the jail in 2019 I became hypoglycemic when my glucose number reached
41. I knew I was becoming increasingly ill, when Jailer Miller demanded I take a “stick” of
insulin. I refused, and saved my life, because taking a “stick” of insulin while hypoglycemic
@41 would likely result in death. I needed food, and ate a piece of bread.

• Upon release, with no money or access to transportation, I was expected to walk home, 15
miles. In 2019 I was released at 3:00 AM on a cold November night in a t-shirt and pants.

The foregoing violates the state constitution. (I have never been convicted of a crime in 64 years)

• COVID-19 Presents a Lethal Threat of Harm to me in Violation of Article I, Section 17 of

the Florida Constitution
• The Florida Constitution states that “cruel and unusual punishment” is forbidden.

3
DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION 2020-CF-2417

• After release, Timothy T. McCourt, General Counsel, Marion County Sheriff’s Office
refused to provide COVID-19 information, and blocked Sgt. Paul Bloom, Director of the
Public Information Office, from providing me Coronavirus or COVID-19 information:

This is a request for the number of Coronavirus or COVID-19 cases among the
following:
1. Inmates incarcerated at the Marion County Jail
2. Employees working at the Marion County Jail
3. Sworn Officers of the Marion County Sheriff’s Department.

On July 10, 2020, Ocala.com reported “More Ocala jail inmates test positive for COVID-19”.
https://www.ocala.com/news/20200710/more-ocala-jail-inmates-test-positive-for-covid-19
“The number has gone from 44 to 49 to the current 74. Fifteen jail workers also have tested
positive.” Mr. McCourt is hiding an outbreak of COVID-19 in the Marion County Jail.

6. My hearing loss is due to congenital defects including eustachian tube defect (L), and

retracted eardrum (L). On April 24, 2020 I visited the Beltone hearing care center located at

9590 SW SR200, Suite 12, Ocala, FL 34481. Doug Ressler, tester, said I have moderate hearing

loss, and suggested a Beltone Amaze 9.63 DEW ($5,200) a Rechargeable Directional Wireless

Remote Hearing Aid. During my visit, I tired a Beltone Amaze hearing aid and was amazed with

the difference it made to my ability to hear. I would have bought one but could not afford to.

7. My hearing loss was previously brought to the attention of Judge Tatti, and, Zachary

Glenn Phipps, OCCCRC for 5th D.C.A., 307 NW 3rd St, Ocala, FL 34475-6638

8. I HEREBY WAIVE CONFIDENTIALITY

RESPECTFULLY SUBMITTED July 28, 2020.

Neil J. Gillespie, Defendant

8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

4
DEFENDANT’S REQUEST FOR DISABILITY ACCOMMODATION 2020-CF-2417

CERTIFICATE OF SERVICE
July 28, 2020

I HEREBY CERTIFY that on July 28, 2020 a copy of the foregoing has been furnished
by filing on the Portal to the following names by e-service:

State Attorney’s Office, 110 North West 1st Avenue, Suite 5000 (Eservicemarion@Sao5.Org),
Ocala, FL 34475.

Wesley Heidt, State of Florida, Office of the Attorney General, to:

wesley.heidt@myfloridalegal.com, crimappdab@myfloridalegal.com, and to
tanya.murraylanthripp@myfloridalegal.com.

Chief Judge Daniel B. Merritt, Jr., Fifth Judicial Circuit, (dmerritt@circuit5.org)

Jonathan Lin, Trial Court Administrator, Marion County Judicial Center, 110 N.W. 1st Avenue,
Ocala, FL 34475 (jlin@circuit5.org)

Kristina Valdez, Disability Coordinator, Marion County Judicial Center, 110 N.W. 1st
Avenue, Ocala, FL 34475 (kvaldez@circuit5.org)

Neil J. Gillespie, Defendant

8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

5
Filing # 110450463 E-Filed 07/20/2020 08:23:52 AM
NEIL JOSEPH GILLESPIE, . Case Number: 20CF002417AX
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL. CIRCUIT
IN AND FOR MARION COUNTY FLORIDA

STATE OF FLORIDA,

vs. Case Number: 20CF002417AX

NEIL JOSEPH GILLESPIE,

NEIL JOSEPH GILLESPIE

8092 SW l 15TH LOOP
OCALA FL3448 l 0000

Charges:.
SEQ# CNT# CHARGE LVLDGR
1 2 784.03 BATTERY Misdemeanor

2 1 812.131.2B ROBBERY BY SUDDEN SNATCHING Felony

WITHOUT DEADLY WEAPON

NOTICE TO APPEAR

TO THE ABOVE NAMED DEFENDANT(S):

YOU ARE HEREBY NOTIFIED that the above-styled case has been scheduled for:
ARRAIGNMENT .
This is your NOTICE TO APPEAR ON 07/28/2020 at 09:00 AM before the Honorable
ANTHONY MICHAEL TATTI in courtroom COURTROOM 4A of JUDICIAL CENTER 110
NW 1ST AVE, OCALA, FL.

Notice: A warrant will be issued and bail bond forfeited as provided by and in compliance
with the statutes and laws of Florida, for any person who fails to appear.

I HEREBY CERTIFY that a copy of this Notice was furnished to the above addressee, by
U.S. Mail/hand delivery on 07 /20/2020

David R Ellspermann
Clerk oft · "t Court and Comptroller

Notice to Appear Criminal Marion.doc I 20CF002417AX I Page 1 of2

NEIL JOSEPH GILLESPIE, Case Number: 20CF002417AX
IMPORTANT NOTICES
Prior to your court event please contact your . For all those attending
attorney or visit ·www .marioncountyclerk.org to confirm court, face coverings
the status of your hearing.
that cover the nose and
Pursuant to F.S. 316.193(8), you are hereby notified
that the driving privileges of any person convicted of DUI or mouth are required.
DUBAL will be suspended or revoked and that such person
should make arrangements for transportation at any court DEFENDANT'S
proceedings at which the Court may take such action. ACKNOWLEDGMENT
The undersigned Defendant
If you are a per~on with a disability who
does hereby acknowledge
needs any accommodation in order to participate receipt of a copy of the
in this proceeding, you are entitled, at no cost to . foregoing Order on the below
you, to the provision of certain assistance. Please date.
contact the ADA Coordinator at the Office of the
Trial Court Administrator, Marion County XMO:\~ -6 dQ_~~ '.
Signature
Judicial Center, 110 NW First Avenue, Ocala,
Florida 34475, Telephone (352)401-6710, at least --bo°tJ.- ~ llSlruf
7 days before your scheduled court appearance, Mailing Address
or immediately upon receiving this notification if
the time before the scheduled appearance is less (j~ 1El 'btf4."S'
;

than 7 days; if you are hearing or voice impaired, City State, Zip Code
'
call 711.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Order has been furnished to the following parties
in the manner and on the date(s) indicated below.

DAVID R. ELLSPERMANN, Clerk of the Circuit Court and Comptroller,

Marion County, Florida (352) 671-5544
DATE COPY FURNISHED TO HAND DEL U.S. ELECTRONIC BY
MAIL SERVICE

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DEFENDANT
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STATE ATTORNEY
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DEFENSE ATTORNEY

BAIL BONDSMAN
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OTHER ,,

OTHER

Notice to Appear Criminal Marion.doc j 20CF002417AX I Page 2 of2

•• • • • • • • •
081922
II]
•

SHERIFF'S OFFICE
Marion County
Inmate Request Form

TO:
FOOD SERVICES D CANTEEN/INMATE ACCOUNTS D
LAW LIBRARY D CLASSIFICATIONS D
PROGRAMS D PUBLIC DEFENDER D
PROPERTY D DISCIPLINARY REPORT APPEALS D
CHAPLAIN D OTHER D

(Pin Number)

(Date) t f (Pod/Section/Cell #)

(Received from inmate by Officer Signature and 10 #) (Oaterrime)

REQUEST/COMPLAINT:

-:5A;""~ GoN2A(e~

RESPONSE:

(Response to inmate by Officer Signature and 10 #) (Daterrime)

White Copy - Classification once the response is compiled.