VIA Email jharkness@flabar.

org May 23, 2014

J ohn F. Harkness, Executive Director RE: Florida Bar RFA No.: 14-14647
J ohn T. Berry, Legal Director, @ jberry@flabar.org J ohn William Gardner, ID: 745219
Theodore P. Littlewood J r., @ tlittlew@flabar.org
The Florida Bar, 651 East J efferson Street cc: J ohn William Gardner, US Mail
Tallahassee, FL 32399-2300
Mr. Littlewood dismissed the complaint against Mr. Gardner by letter February 28, 2014,
...Please be advised that my action does not preclude you from consulting with private counsel,
nor does it preclude you from exercising any legal remedy which may be available to you...
On information and belief, this is a matter for referral to the Federal Bureau of Investigation.
Mr. Gardner testified as an expert witness for Ryan Christopher Rodems March 20, 2008 and
corruptly assisted him get a $11,550 judgment @11% from J udge J ames M. Barton, II, during a
hearing for attorneys fees in Gillespie v. Barker, Rodems & Cook case no. 05-CA-7205. My
attorney Robert W. Bauer refused to let me [Neil J . Gillespie] testify in 05-CA-7280.
I notified Mr. Gardner by certified mail J uly 26, 2010 that Mr. Rodems corruptly got the $11,550
debt judgment for attorney fees for responding to disruptions he himself created in violation of
the Rules of Professional Conduct, his conflict of interest with me as a former client of Rodems
law firm, and Rodems breach of duty to avoid limitation on independent professional judgment.
On J une 21, 2011 Mr. Rodems bribed [F.S. 838.015, 838.016, 838.022] three Florida judges
and two state employees who were defendants in my federal civil rights and disability lawsuit.
Evidence of the bribe was entered in Gillespie v. Thirteenth J udicial Circuit et al., 5:10-cv-503-
WTH-[DAB]-TBS, USDC, MDFL, Ocala Div. [See Docs. 32 & 51]. Rodems filed J une 21, 2011
Doc. 32, Notice of Assignment of Claims, Motion for Dismissal with Prejudice. US Magistrate
J udge Thomas B. Smith entered Doc. 51, ORDER October 6, 2011 denied my motion to strike or
set aside Doc. 32, and explained [the bribe], the settlement agreement was in exchange for a
satisfaction of judgment [$11,550 @11% interest]. On information and belief, US Magistrate
Smith had a duty to report the felony, 18 USC 4 Misprision of felony, to the US Marshal or a
federal investigative law enforcement agency such as the Federal Bureau of Investigation (FBI).
US Federal J udge Wm. Terrell Hodges also had a duty to report the felony [18 USC 4] but he
did not. J udge Hodges did not grant Rodems [Doc. 32] Motion for Dismissal with Prejudice.
Note: US Magistrate J udge David A. Baker presided J une 21, 2011 when Rodems filed Doc. 32.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Enclosures: Mr. Littlewoods letter dismissing RFA No.: 14-14647 February 28, 2014
Cover page, Separate Appendix for RFA No.: 14-14647, J ohn William Gardner
THEFLORIDABAR
651EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FLORIDA32399-2300s (850)561-5600
EXECUTIVEDIRECTOR
www.FLABAR.ORG
February28,2014
Mr. NeilJ. Gillespie
8092 S.W. 115thLoop
Ocala,FL 34481
Re: Mr. JohnWilliamGardner; RFANo.: 14-14647
DearMr. Gillespie:
Yourinquiryconcerningtheabove-referencedattorneyhasbeenreferredto meformyreview.
YouallegedthatMr. Gardnerfailedtotakecorrectiveactionwhennotifiedbyyouthathisexpert
testimonywasnegligent. Ifalawyerhasofferedmaterialevidenceandthereaftercomestoknow
ofits falsity, the lawyer shall take reasonable remedial measures. In order to find that Mr.
Gardnercame to knowofits falsity and yet acted withdishonesty, misrepresentation, deceit, or
fraud by failing to take reasonable renledial measures, the necessary element ofintent must be
proven by clear and convincing evidence. Clear and convincing evidence has been defined as
"evidence so clear, directand weightyand convincing as to enable [the factfinder] to cometo a
clear conviction, without hesitancy, ofthe truth ofthe precise facts in issue." This burden of
proofis heavier than the burden ofproofrequired in an ordinary civil trial and cannot be met
underthefactspresented.
YoufurtherallegedthatMr. Gardnerfailedto reportthemisconductofanotherlawyerwhenyou
informedMr. Gardnerofthatlawyer'smisconduct. Alawyerisrequiredtoreporttheconductof
another lawyer when he knows that another lawyer has committed a violation ofthe Rules of
Professional Conduct that raises a substantial question as to that lawyer's honesty,
trustworthiness, or fitness as a lawyer. However, a lawyer is not obligated to report every
violation ofthe rules, ratller the reporting obligation is limited to those offenses that a self-
regulating profession must vigorously endeavor to prevent. A lawyer is therefore expected to
exerciseameasureofjudgmentindeterminingwhetherapossibleoffenserequiresreporting.
After careful consideration, I conclude that the matters referenced in your inquiry do not
constitute violations ofthe Rules ofProfessional Conduct, and accordingly, your inquiry does
notfall withinthepllrviewofthegrievancesystemframework. Consequently,Ihaveclosedour
record in this matter. Please be advised that my action does not preclude you from consulting
withprivate counsel, nor does it preclude you from exercising any legal remedy which may be
availabletoyou.
Pursuant to the Bar's records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,
Theodore P. Littlewood Jr., Bar Counsel
Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
cc: Mr. JOlul William Gardner
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Mr. Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, FL 34481
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Separate Appendix
The Florida Bar - RFA No.: 14-14647 - Complaint for J ohn William Gardner, Bar ID: 745219
Mr. Gardner testified as an expert witness for Ryan Christopher Rodems March 20, 2008 and
corruptly assisted him get a $11,550 judgment @11% from J udge J ames M. Barton, II, during a
hearing for attorneys fees in Gillespie v. Barker, Rodems & Cook case no. 05-CA-7205. My
attorney Robert W. Bauer refused to let me [Neil J . Gillespie] testify in 05-CA-7280.
I notified Mr. Gardner by certified mail J uly 26, 2010 that Mr. Rodems corruptly got the $11,550
debt judgment for attorney fees for responding to disruptions he himself created in violation of
the Rules of Professional Conduct, his conflict of interest with me as a former client of Rodems
law firm, and Rodems breach of duty to avoid limitation on independent professional judgment.
On J une 21, 2011 Mr. Rodems bribed [F.S. 838.015, 838.016, 838.022] three Florida judges
and two state employees who were defendants in my federal civil rights and disability lawsuit.
Evidence of the bribe was entered in Gillespie v. Thirteenth J udicial Circuit et al., 5:10-cv-503-
WTH-[DAB]-TBS, USDC, MDFL, Ocala Div. [See Docs. 32 & 51]. Rodems filed J une 21, 2011
Doc. 32, Notice of Assignment of Claims, Motion for Dismissal with Prejudice. US Magistrate
J udge Thomas B. Smith entered Doc. 51, ORDER October 6, 2011 denied my motion to strike or
set aside Doc. 32, and explained [the bribe], the settlement agreement was in exchange for a
satisfaction of judgment [$11,550 @11% interest]. On information and belief, US Magistrate
Smith had a duty to report the felony, 18 USC 4 Misprision of felony, to the US Marshal or a
federal investigative law enforcement agency such as the Federal Bureau of Investigation (FBI).
US Federal J udge Wm. Terrell Hodges also had a duty to report the felony [18 USC 4] but he
did not. J udge Hodges did not grant Rodems [Doc. 32] Motion for Dismissal with Prejudice.
Note: US Magistrate J udge David A. Baker presided J une 21, 2011 when Rodems filed Doc. 32.
Appendix 1 Doc. 32, Notice of Assignment of Claims, Motion for Dismissal with Prejudice
Appendix 2 Doc. 51, ORDER, October 6, 2011, by US Magistrate J udge Thomas B. Smith
Appendix 3 Doc. 43, assigned US Magistrate J udge David A. Baker left Ocala J uly 29, 2011
Appendix 4 Public record of satisfaction of the $11,500 judgment to Barker, Rodems & Cook,
appears on my consumer credit report May 1, 2014 affecting interstate commerce.
Appendix 5 Letter of dismissal February 28, 2014 by Bar Counsel Theodore P. Littlewood J r.
Appendix 6 Complaint submitted February 25, 2014 by Neil J . Gillespie to J ohn F. Harkness,
Executive Director & J ohn T. Berry, Legal Director, The Florida Bar. (35 pages)
Appendix 7 TRANSCRIPT, March 20, 2008 hearing, J udge J ames M. Barton, II. (71 pages)
1. Robert W. Bauer for Neil J . Gillespie, Plaintiff and Counter-Defendant
appearances: 2. Ryan Christopher Rodems for Barker, Rodems & Cook, P.A., D-CP
3. J ohn William Gardner, Expert Witness for Mr. Rodems & BRC
Mr. Rodems may have kept a record of time preparing the bribe. TRANSCRIPT, page 32:
1. [ MR. RODEMS] . . . you know, I have - - i f you go t o my
2. of f i ce, I ' ve got a cl ock on t he wal l , I ' ve got a cl ock
3. on my shel f , I ' ve got a cl ock on my comput er , I ' ve got a
4. wr i st wat ch. I ' ma t i me per son. I l ove cl ocks. I keep
5. cl ocks. I t ake car e of t he docks. A pr edomi nant
6. maj or i t y of my cl i ent s do r equi r e det ai l ed hour l y
7. bi l l i ngs and t hey want t o be bi l l ed f or r eal t i me and
8. t hat ' s what I do, I bi l l i n i ncr ement s of . 1 t o act ual
9. t i me.