Filing # 109909167 E-Filed 07/07/2020 06:50:44 PM

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. 2019-CF-4193

NEIL JOSEPH GILLESPIE

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DEFENDANT’S MOTION FOR RECOGNIZANCE BOND

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

first person, files Defendant’s Motion For Recognizance Bond, and states:

1. Pursuant to Rule 3.131(b)(1), Fla. R. Crim. P., “there is a presumption in favor of release

on nonmonetary conditions for any person who is granted pretrial release.”

2. On November 10, 2019, I was arrested and charged with two non-violent felony crimes,

and released on a $4,000 bond total in case no. 2019-CF-004193-A-Z. My arrest was politically

motivated, see Affidavit of Neil J. Gillespie and Marion Senior Services, Inc.

Fla. Stat. sec. 934.03.1a Interception of Oral Communication; ($2,000 surety bond)
Fla. Stat. sec. 934.03.1c Disclosure of Communication ($2,000 surety bond)

3. The arrest warrant signed by Judge S. Sue Robbins on November 7, 2019 authorizes

modification of bail by the judge presiding at first appearance.

4. At the time of my arrest on November 10, 2019 I was eligible for Recognizance Bond

based upon the following facts:

A. I had no criminal record.

B. I had a valid Florida driver’s license in good standing.
C. I lived at my Florida residential homestead property, 8092 SW 115th Loop, Ocala,
34481, Marion Co., Florida, continuously and uninterruptedly since February 5, 2005.
D. I was age 63 and suffering the infirmaries of aging, including type 2 diabetes.
E. My income was limited to Social Security disability payments.
F. I am educated, with undergraduate degrees in business and psychology.
DEFENDANT’S MOTION FOR RECOGNIZANCE BOND CASE NO. 2019-CF-4193

5. On March 9, 2020 at 3:50 PM I emailed my appointed counsel, Zachary Glenn Phipps of

the OCCCRC for 5th D.C.A., and requested, “can you move for an order for release on my own

recognizance? (and end the bail bond).” Mr. Phipps failed to seek ROR on my behalf in March

2019. Mr. Phipps failed to respond to my request for a recognizance bond.

6. It appears Mr. Phipps did not want me released on a recognizance bond at that time.

7. Bail reduction is a legitimate function of defense counsel and zealous representation.

8. The foregoing example is evidence that Mr. Phipps and the OCCCRC for 5th D.C.A has

not provided zealous advocacy on my behalf.

WHEREFORE, I respectfully move the Court for a recognizance bond.

RESPECTFULLY SUBMITTED July 7, 2020.

Neil J. Gillespie, Defendant

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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and accurate copy of the foregoing has been furnished
July 7, 2020 to Zachary Glenn Phipps, OCCCRC for 5th D.C.A., 307 NW 3rd St., Ocala, FL
34475-6638 at RCCMarion@rc5state.com, and the State Attorney’s Office, 110 North West 1st
Avenue, Suite 5000 (Eservicemarion@Sao5.Org), Ocala, FL 34475, by e-service July 7, 2020.

Neil J. Gillespie, Defendant

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