HABEAS CORPUS SUSPENDED: What Does Not Kill Me Makes Me Stronger
On January 28, 2021 I had eye surgery at Wills Eye Hospital in Philadelphia to fix a detached retina of my left eye. What followed resulted in my incarceration for 428 days on no bond, and an example of how the writ of habeas corpus is suspended in the United States in certain political cases like mine. Habeas corpus is a legal remedy for unlawful detention or imprisonment, requiring the custodian to bring the prisoner to court and justify their authority. (Wikipedia)
U.S. Constitution: Art. I, Section 9, Clause 2. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Florida Constitution: Article I, Section 13: Habeas corpus.—The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety.
My extradition case in Pennsylvania is captioned, Commonwealth of Pennsylvania v. Neil J. Gillespie, Court of Common Pleas, Bucks County, PA, Extradition Case No. CP-09-MD-319-2021. My petition was submitted April 23, 2021 and denied April 28, 2021. Under habeas law in Pennsylvania, I am the "relator" and represented myself (pro se). My petition is posted on Scribd, see Defendant's Notice of Filing Extradition Petition for Habeas Corpus
PETITION FOR WRIT OF HABEAS CORPUS
Bucks County Court of Common Pleas
Extradition Case No. CP-09-MD-319-2021
Habeas Corpus Petition: Commonwealth of Pennsylvania ex rel. Neil Joseph Gillespie v. Robert Galione, Warden Bucks County Jail
To the Honorable Clyde W. Waite, Judge of Said Court:
Relator, Neil Joseph Gillespie, appearing pro se, respectfully represents:
1. Relator is incarcerated in the Bucks County Jail.
2. The Respondent is Robert Galione, Warden of the Bucks County Jail.
3. Relator was arrested on February 4, 2021, and charged with being a fugitive from justice from the State of Florida.
4. The Relator is not a fugitive from justice in the usual sense, but a person with disabilities, including partial blindness, and was denied accommodation by the Florida courts under the Americans with Disabilities Act. (ADA), a 60 day stay for eye surgery.
5. On January 28, 2021, Relator had surgery at Wills Eye Hospital in Philadelphia to correct a detached retina. This is the only reason the Relator left Florida. Relator was unable to obtain competent and timely eye surgery where he lives in Ocala, Florida in his home of the past 16 years.
6. Relator was arrested February 4, 2021, while recovering from retina surgery at the Red Roof Inn, Langhorne, PA.
7. Relator is age 65 and never convicted of a crime.
8. The relator's incarceration is unlawful because the requisition papers as issued are not in order.
9. All requirements must be met under the Uniform Criminal Extradition Act.
10. The Florida Application for Requisition, in the Fifth Judicial Circuit, Florida, was made for a private purpose against the relator.
11. One private purpose of the Florida Application for Requisition is to obstruct justice in the relator's case no: 2018-CA-2640 against the Fifth Judicial Circuit, to dismiss the relator's lawsuit against the Fifth Judicial Circuit, and Judge Ann Melinda Craggs.
12. On December 31, 2018, long before being charged with a crime, the relator sued the Florida Fifth Judicial Circuit, sued Judge Ann Melinda Craggs, and others, in case no.: 2018-CA-2640 for depravation of civil rights and denial of disability accommodation under the Americans Disability Act (ADA), in home foreclosure of a Home Equity Conversion Mortgage, also called a HECM reverse mortgage, in case no.: 2013-CA-115.
13. Relator provided the following documents in 2018-CA-2640, Neil J. Gillespie v. Fifth Judicial Circuit, Judge Craggs, et al.
Dec-31-2018 Complaint (document 5)
Oct-29-2020 Answer Motion to Dismiss (document 74)
Dec-01-2020 Order Granting Leave for Amended Complaint (document 81)
Feb-23-2021 Order Granting 60 Day Stay For Eye Surgery (document 90) (relator incarcerated)
Apr-14-2021 Order of Dismissal (document 94) (relator incarcerated)
14. Relator's cases in Marion County/Fifth Judicial Circuit are as follows:
2013-CA-115, RMS v. Gillespie, home foreclosure, Jan-2013
2016-CA-712, SECO v. Gillespie, electric cooperative money, Apr-2016
2018-CA-2640, Gillespie v. Fifth Judicial Circuit, Judge Craggs, civil rights/disability, Dec-2018
2019-CF-4193, State v. Gillespie, telephone recording, Nov-2019
2020-CA-934, Gillespie v. Sarah Thompson, et al, unlawful detainer, Jun-2020
2020-CF-2417, State v. Gillespie, sudden snatching/battery, Jun-2020
15. U.S. Supreme Court Petition No. 20-929 shows relator's arrest in 2019-CF-4193 by Marion County Sheriff William Woods was for a private purpose, to benefit him as vice president of Marion Senior Services, Inc., to benefit the Marion County Bar Association, Inc., and to benefit the State Attorney's Office of the Florida Fifth Judicial Circuit.
16. U.S. Supreme Court Petition No. 20-929 has been filed in relator's Extradition Case No. CP-09-MD-319-2021.
17. Relator's petition letter of April 1, 2021 to Pennsylvania Governor Tom Wolf has been filed in relator's Extradition Case No. CP-09-MD-319-2021 with the following attachments:
1. Transcript of hearing Feb-05-2021 (Judge Gilman)
2. Criminal docket 21MM171 for Sarah Thompson
3. Document 22 Notice of Claim of Immunity F.S. 776.02 (2020-CF-2417)
4. Document 35 Rule 3.133 Pretrial Probable Cause Determinations (2020-CF-2417)
5. Document 110 Rule 3.133 Pretrial Probable Cause Determinations (2019-CF-4193)
6. Motion to Reconsider Order Denying 60 Day Stay For Eye Surgery (2020-CF-2417)
7. Response to Order Granting 60 Day Stay for Eye Surgery (2018-CA-2640)
8. Motion to Drop Defendants and Conclude Case (2020-CA-934)
9. Letter to Chief Justice John Roberts in USSC Petition No. 20-929
10. My medical records with Wills Eye Hospital
18. Relator's petition letter to Governor Wolf states this extradition is political in nature over my 18-CA-2640 civil rights and disability lawsuit against the Florida Fifth Judicial Circuit for deprivation of rights under color of law against Judge Ann Melinda Craggs in my home foreclosure case, who later signed my arrest affidavit in 20CF2417, and my presidential campaign critical of the judiciary, at https://neil2020.blogspot.com/
19. The relator is charged with an "infamous crime" in 20-CF-2417 and under the FIFTH AMENDMENT to the U.S. Constitution relator is entitled to a presentment or indictment of a grand jury, not the signature of Judge Craggs on an arrest affidavit by the judge relator sued.
20. An extradition arrest in an asylum state made pursuant to a governor's warrant is an arrest subject to the Fourth and Fourteenth Amendments to the U.S. Constitution. Commonwealth ex Rel Knowles v. Lester, 456 PA 432, 321 A.2d 637 (1974)
21. Relator's arrest in 2020-CF-2417 on June 13, 2020 shows a private interest by Marion County Sheriff William Woods who was named as a defendant on June 8, 2020 in case 2020CA934 for unlawful detainer and civil rights violations.
22. On November 19, 2020, Marion County Clerk of Courts and Comptroller David Ellspermann entered a default against Defendant Sarah May Thompson in 2020-CA-934 at document 78 (enclosed) for unlawful detainer which negated Sheriff Wood's case against relator in 2020-CF-2417 because it established Ms. Thompson did not live with relator.
23. On November 18, 2020 relator filed a "Second Notice Pursuant to F.S. sec 768.28 Waiver of Immunity" in case 2020-CA-934 for unlawful detainer and civil rights, document 79 attached hereto, showing a private purpose for this extradition by the Fifth Judicial Circuit and State Attorney's Office establishing tort liability, inter alia, for relator's detached retina.
24. On January 20, 2021 relator filed a Section 768.28 Notice of Waiver of Sovereign Immunity in case 2020-CF-2417 establishing tort liability at document 173, attached hereto, for, inter alia, denial of disability accommodation against Judge Sanders, the State Attorney's Office, Fifth Judicial Circuit, State Attorney William Gladson, ASA Alicia Winterkorn, and ASA Jared Gainey, each of whom failed to agree to a motion for a 60 day stay for eye surgery, which was denied (see document 153 enclosed) for a warrant to extradite and/or arrest the relator for a private purpose, to harm relator with malice aforethought.
25. On April 20, 2021 relator submitted a Motion To Strike Certificate Of Exemplification in case no. CP-09-MD-319-2021 to be considered in this petition for habeas corpus.
26. On April 21, 2021, relator submitted a motion to strike Florida Executive Extradition Documents in case no. CP-09-MD-319-2021 because Ron DeSantis and Laurel M. Lee are each members of The Florida Bar (attached) and Officers of the Court, members of the judicial branch of government, and not legally allowed to execute Executive Extradition Documents under Extradition Law. Furthermore, relator's extradition is for the private purpose of Sheriff William Woods (et al) appointed to take the relator into custody and transport him to Florida.
27. Relator was served on April 6, 2021, the Requisition papers which are not in order. Apparently Judge Sander's hearing on January 20, 2021, was a trap to lure the relator to court to arrest him for new telephone recording crimes.
28. It appears the relator was charged with new "infamous crimes" on January 20, 2021, for the private purpose of Sheriff William Woods, et al, and to block relator's eye surgery needed.
29. Ironically Judge Sanders accepted my transcript of a recorded phone call with attorney Zachery Phipps, OCCCRC, and granted Dr. Warner's motion at document 270 (enclosed) in case 2019-CF-4193 because it impeached a falsehood by Phipps who claimed the relator needed a psychological exam.
30. Under the FIFTH AMENDMENT to the U.S. Constitution the relator is entitled to a presentment or indictment of a grand jury on any new "infamous crime" and not a corrupt affidavit of Sheriff Woods and his gang appointed for a private purpose in this extradition.
31. The Fifth Judicial Circuit, et al, is opposed to relator regarding civil rights, see enclosed relator's letter to President Obama, which got no response concerning white supremacy in Ocala, Florida.
32. The relator received in the U.S. mail 3 postcards from Sarah May Thompson (enclosed) mailed while she was incarcerated in the Marion County Jail from Jan-08-2021 through Mar-25-2021. Ms. Thompson wrote she misses relator and "I must love you". Ms. Thompson also wrote "I now have 70 days sobriety and have no desire to ever go back to that life again!!".
33. Relator recorded phone calls received FROM Ms. Thompson requesting his help and protection. Sheriff Woods and his gang misrepresented those calls to arrest relator.
34. Relator received 3 letters from the U.S. Supreme Court, see enclosed.
35. The ORDER OF DISMISSAL in case no. 2018-CA-2640 by Judge Edward Scott agrees with relator that "Jurisdiction and venue in this case is in the United States District Court, Ocala Division, under 42 U.S.C. 1983 and the Federal Americans With Disabilities Act 2008".
36. Wherefore, the relator/petitioner respectfully requests this Honorable Court discharge him from custody and dismiss the extradition proceedings instituted by the ommonwealth with prejudice.
Respectfully submitted April 23, 2021.
/signed/
Neil Gillespie, BCP131166
Bucks County Jail E18
1730 S Easton Rd
Doylestown, PA 18901
DEFENDANT'S NOTICE OF FILING FL GOVERNOR'S EXTRADITION WARRANT
On April 6, 2021 while held in the Bucks County Jail, the Defendant, Neil Joseph
Gillespie, was served an Executive Department Florida Governor's Warrant For Extradition signed by Ron DeSantis, Florida Governor, and Laurel M. Lee, Florida Secretary of State.
DEFENDANT'S NOTICE OF FILING EXTRADITION TRANSCRIPTS AND DOCKET
The Defendant was held on no bond for 95 days at the Bucks County Jail, 1730 S Easton Rd., Doylestown, PA. The Defendant was extradited to Marion County Florida on May 10, 2021. The extradition case is captioned, Commonwealth of Pennsylvania v. Neil J. Gillespie, Court of Common Pleas, Bucks County, PA, Extradition Case No. CP-09-MD-319-2021. The attached case docket shows six hearings were held through April 28, 2021. Transcripts of the six hearings are attached. No hearings were held in Pennsylvania after April 28, 2021.
February 5, 2021, Transcript of Hearing before the Hon. Gary B. Gilman
March 3, 2021, Transcript of Hearing before the Hon. Clyde W. Waite
March 31, 2021, Transcript of Hearing before the Hon. Brian T. McGuffin
April 6, 2021, Transcript of Hearing before the Hon. C. Theodore Fritsch, Jr.
April 16, 2021, Transcript of Hearing before the Hon. Clyde W. Waite
April 28, 2021, Transcript of Hearing before the Hon. Clyde W. Waite
