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This Complaint is filed by Pinellas County Sheriff's Candidate James McLynas against incumbent Sheriff Robert Guatieri for violations of Florida Campaign Law. More specifically;
a. The use of public government resources in the furtherance of his campaign by having his political opponent investigated, subpoenaed, illegally surveilled without a warrant, falsely charging, arresting and prosecuting Candidate James McLynas.
b. For pressuring employees and then accepting campaign contributions from them at a government building, and
c. Violating the Florida Constitution's prohibition of being in both the Judicial Branch as a lawyer AND the Administrative branch as a Sheriff.
This Complaint is filed by Pinellas County Sheriff's Candidate James McLynas against incumbent Sheriff Robert Guatieri for violations of Florida Campaign Law. More specifically;
a. The use of public government resources in the furtherance of his campaign by having his political opponent investigated, subpoenaed, illegally surveilled without a warrant, falsely charging, arresting and prosecuting Candidate James McLynas.
b. For pressuring employees and then accepting campaign contributions from them at a government building, and
c. Violating the Florida Constitution's prohibition of being in both the Judicial Branch as a lawyer AND the Administrative branch as a Sheriff.
This Complaint is filed by Pinellas County Sheriff's Candidate James McLynas against incumbent Sheriff Robert Guatieri for violations of Florida Campaign Law. More specifically;
a. The use of public government resources in the furtherance of his campaign by having his political opponent investigated, subpoenaed, illegally surveilled without a warrant, falsely charging, arresting and prosecuting Candidate James McLynas.
b. For pressuring employees and then accepting campaign contributions from them at a government building, and
c. Violating the Florida Constitution's prohibition of being in both the Judicial Branch as a lawyer AND the Administrative branch as a Sheriff.
STATE OF FLORIDA
FLORIDA ELECTIONS COMMISSION
107 West Gaines Street, Suite 224, Tallahassee, Florida 32399-1050
‘Telephone Number: (850) 922-4539
1, PERSON FILING COMPLAINT:
‘Name: James McLynas Phone: 727-599-4374
736 182" Ave, East,
Redington Shores, Fl. 33708
2. PERSON AGAINST WHOM THE COMPLAINT IS BROUGHT
‘Name: Robert Gualtieri Phone: 727- 582-6200
10750 Ulmerton Rd,
Largo, FL 33778
TITLE OF OFFICE OR POSITION SOUGHT: Sheriff of Pinellas County Florida
STATEMENT OF FACTS: See attached Complaint and Brief
OATH: I, the person bringing this complaint, do depose on oath or affirmation and say that the facts set
forth in the foregoing complaint and attachments thereto are true and correct to the best of my knowledge
and beljef.
‘Sworn (or A{firmed/0 and subscribed before me
This 3 day of Vovesmae2016 by James
Si
Personally known to me“ OR Produced Identification
‘Type of Identification Produced
‘STAMP.
KIM A HARWELL
(MY COMMISSION # EE880511BEFORE THE
STATE OF FLORIDA
FLORIDA ELECTIONS COMMI
ION
James MeLynas
Candidate for Pinellas County Sheriff
736 182™ Ave East,
Redington Shores, FI. 33708
‘Complainant
v.
Robert “Bob” Gualtieri
Sheriff of Pinellas County Florida
10750 Uimerton Rd,
Largo, FL 33778
Respondent
COMPLAINT
‘Complainant James McLynas hereby files this complaint pursuant to Florida Statutes Title IX,
Chapter 104, Sections 104.0515, 104.11, 104.271, Title IV, Chapter 106, Section 106.15, Title
X, Chapter 119, The Code of Ethics For Public Officers and Employees, Florida Statute 112.324,
and any and all other Florida Law, Rule or Regulation that may apply to the conduct and actions
of Pinellas County Florida Sheriff Robert “Bob” Gualtieri
AC’
1
Sheriff Robert Gualtieri is currently the Sheriff of Pinellas County Florida as well as the
Republican Candidate for Sheriff in the November 8, 2016 election. From 2012, all the way
through the current date, Sheriff Robert Gualtieri has used public resources, and more
specifically, the power and resources of the Pinellas County Sheriff's Office he controls in
violation of Title IV, Section 106.15 and 104,11 and 104.271 as follows;
Use databases, computers, employee resources and technology resources to illegally look up
records of the Complainant James McLynas without a lawful purpose in violation of Florida law
[A This included the repeated improper use of the confidential D.A.V.I.D. drivers license
database, F.C.LC. and N.C..C. databases in order to gather information to use to neutralize,
falsely accuse and falsely arrest complainant and political opponent James McLynas in order to
further Sheriff Gualtieri’s campaign for Sherif of Pinellas County. Sheriff Gualtieri personally
‘accessed the confidential Driver's License records of Candidate McLynas on a Sunday night
from his home when McLynas was not the suspect in any criminal investigation.Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone multiple Pinellas
County sheriff's deputies to investigate, surveil, follow, stalk, subpoena records|3}, file false
reports, falsify documents, intimidate witnesses, file false charges, file fraudulent
“affidavits"[3], work with the State Attorney Bernie McCabe to prosecute the false charges{4]
and to interfere with and impeded the due process rights of Gaultier’ political rival, James
‘McLynas in order to further Sheriff Gualtieri’s campaign for Sheriff of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Child Protective Investigations unit to file and fabricate over 22 false
Child Protective Investigations reports{5], initiate baseless charges and investigations, to
provide false testimony under oath and other actions to distract, defame, harm and otherwise
interfere with the most personal aspects of his political rivals life in order to impede Candidate
Mclynas’ efforts of running for Sheriff and to further Sheriff Gualtieri’s campaign to maintain
his position as Sherif of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's public records department to fail and refuse to provide access to public
records in violation of FLSt. Title X, Chapter 119 and to implement multiple steps, processes,
policies and procedures to be used ONLY for the public records requests made by Sheriff's
Candidate James McLynas{6]. These processes include illegally posting McLynas’ confidential
Driver's License D.A.V.I.D. records in the front lobby with a notation to not allow McLynas
access to the records department, massive fee structures, “bunching” multiple records requests
together to increase fees and hold some records hostage unless other records were paid for
‘and otherwise making it impossible for Gualtieri’s political opponent to obtain public records
that he was entitled to obtain so that McLynas could not expose the corrupt practices
contained within those documents. These efforts were facilitated by Sheriff Gualtieri to
Impede Candidate McLynas’ efforts and running for Sheriff and to further Sheriff Gualtier’s
‘campaign for Sheriff of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office and solicit the assistance of the State Attorney's Office to
illegally use a Stingray tracking device without the required warrant to time the false arrest of
Sheriff's Candidate McLynas so that he would miss his final Child Custody hearing to cause
Melynas to lose his child be forced to concentrate his time and resources away from the
election and towards obtaining custody of his daughter{7].
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office to go to other police jurisdictions and investigate files and
documents from those jurisdictions outside the jurisdiction of the PCSO such as the Clearwater
police department to attempt to fabricate charges using those closed files from other
departments{s). All charges were dropped after depositions proved the deputies lied under
ath and there was no legal basis for any charges{9).
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office to investigate Candidate McLynas’ business and income
activities, stalk McLynas online, subpoena Craigslist accounts of McLynas, interview dozens of
people that have done business with Candidate McLynas in order to bring false and baseless
charges for fraud and theft against McLynas in order to defame and slander McLynas and to
harm his professional reputation and earning potential to negatively impact any campaignMclynas may mount against Gaultier! in order to further Sheriff Gualtieri's campaign for Sheriff
of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office, their attorneys Paul Rozzelle{10] and Shannon Lockheart{11]
and the State Attorney Bernie McCabe's office[12] to embark on a carefully orchestrated
campaign to hide the documents proving the illegal and warrantless Stingray surveillance from
Candidate Mclynas by lying, claiming the documents did not exist in response to public records
requests, obstructing depositions, perjury, falling to produce said records as required by the
Rules of Criminal Procedure and the Brady Act and intentionally violating Title X, Chapter 119 to
prevent Candidate McLynas from obtaining these records to expose Sheriff Gualtiers illegal
conduct and to further Sheriff Gualtieri’s campaign for Sheriff of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office, their attorneys Paul Rozzelle and Shannon Lockheart and the
State Attorney Bernie McCabe's office to maliciously prosecute false and fabricated charges
against Sheriff's Candidate James McLynas [13] and to use Gualtier’s close relationship with
Bernie McCabe to push said malicious prosecution. Assistant prosecutors assigned to the
MeLynas’ cases informed Jerry Theophilopoulos, the complainant's lawyer, that they knew the
charges were baseless and garbage, but that they were told to “screw Mclynas to the wall”
from the highest of authority, meaning Bernie McCabe. This was done to attempt to have
MecLynas convicted of the false charges to eliminate the political threat to Sheriff Robert
Gualtier’ in order to further his candidacy and win him another term as Sheriff, because
Candidate McLynas is the ONLY opposing candidate on the ballot for Sheriff. Clearly,
incarcerating the only opposing candidate on the ballot for Sheriff would further Sheriff
Gualtieri’s campaign for Sheriff of Pinellas County.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office in actually having the nine year old daughter of the Sheriff's
Candidate James Mclynas falsely arrested and taken into custody in handcuffs in order to
anger, intimidate and frustrate McLynas less than two months after McLynas informed Sheriff
Gualtieri he would run against him for Sheriff to expose his corruption.
In implementing the above a-g actions to impede, thwart and otherwise destroy the campaign
for Sheriff of Candidate McLynas, Sheriff Robert Gualtieri used thousands of dollars in public
funds and the resources of the Pinellas County Sherif’s office such as computers, cars, phones,
printers, employees, payroll funds, office supplies, electricity, fuel, and countless other public
government resources to enact his campaign to destroy the life and political campaign of
Sheriff's Candidate James Mclynas.
Instruct, authorize, enable, enact, and otherwise orchestrate and, or condone members of the
Pinellas County Sheriff's Office to continue monitoring, surveillance and investigation of
Gualtieri's opposing Candidate from 2013 through the present date without legal justification
or legitimate law enforcement purpose to further the campaign of Sheriff Robert Gualtieri by
illegally using PCSO resources for personal political purposes.Sheriff Robert Gualtieri then published the mugshots and arrest records from his fabricated false
arrest campaigns in order to intimidate and coerce voters to not vote for Candidate McLynas in
violation of Fl. St. Title IV, Chapter 104.0515.
3
Sheriff Robert Gualtieri received payments for campaign contributions from PCSO employees while
inside the PCSO building after pressuring employees to contribute in violation of Title IV, Chapter
1106. 15(4) as listed on the Pinellas County Supervisor of Elections website.
4,
Florida Constitution Article II, SECTION 3. Branches of government.—The powers of the
state government shall be divided into legislative, executive and judicial branches. No person
belonging to one branch sh: any powers appertaining to either of the other branches
unless expressly provided herein [14],
In 1949 the Florida Bar was “unified” with, and became a part of the Supreme Court. That made
every state Bar member/lawyer a person “belonging to the judiciary branch of government.” James
Madison's wanted in the Constitution one principal goal: to create a government that had sufficient
power to govern, but insufficient power to oppress. To do so, he neutralized what he defined as: “a
same-hands group or faction that had a common interest adverse to the nation as a whole.” Lawyers
and every other professional group fit the definition. To protect the state against this “same hands”
tyranny, Madison implicitly instituted the separation-of-power principle in the US Constitution. In
the Florida Constitution, Article Il, Section 3, is the explicit state equivalent.
From this abuse of power by the legal profession, this nation now suffers from what Madison,
‘Thomas Jefferson, and Alexander Hamilton called, “the very definition of tyranny.” That tyranny
arises when a single “same-hands” group makes the law, enforces the law and interprets the law. That
tyranny, whether or not perceived, is at the heart of most of the nation’s problems in the areas of
crime, education, health, welfare, frivolous lawsuits, devastating divorces and countless other
problems. That tyranny has undermined the Constitution and fundamentally flawed all government,
Sheriff Robert Gualtieri, as Sheriff is a member of the Executive Branch of the Florida State and local
Government. However, as a lawyer, Sherif Gualtieri is also a part of the “Judicial Branch” of
government and thus cannot legally hold office as Sheriff in the State of Florida.
The Florida Constitution CLEARLY states he cannot be BOTH. To have a Sheriff that is both a part
of the Executive branch with the powers of arrest, and ALSO a member of the Judicial Branch
violates the very Florida Constitution that Sheriff Robert Gualtieri swore to uphold and defend.
By
A Sheriff in unique in that they have the power of investigation and arrest. This makes it possible for
a Sheriff to use that power to intimidate, coerce, threaten, falsely report, fraudulently charge and
‘maliciously arrest and prosecute their political opponents as in the case of Candidate James McLynas.
However, the scope of remedy for such massive abuse of power and violation of law has few
remedies. One strong remedy is the ability of the Florida Elections Commission to remove a‘candidate from the election process or disqualify the results of an election of a corrupt Sheriff that has
taken the path of abusing his power as Sheriff to win an election. Candidate and Complainant James
‘MeLynas asks that the Florida Elections Commission remove or disqualify Sheriff Robert Gualtieri
from the Pinellas County Sheriff's election process or, in the event Gualtieri wins the election, to
refuse to certify the election results to maintain the office of Sheriff.
this date_[ /~ 3-16
Jamgs MeLynas
YAH: I, the person bringing this complaint, do depose on oath or affirmation and say that the facts
set forth in the foregoing complaint and attachments thereto are true and correct to the best of my
know}pdge and belief,
‘Swom (or Affirmed/0 and subscribed before me
(ATURE OF COMPLAINTANT This "3__ day of Yanan 2016 by
1es MeLynas.
Reel iowa ao eae
OR Produced Identification
‘Type of Identification Produced
1. DAVID Printouts show McLynas being “looked up” over 125 times by LEO and specifically
‘Sheriff Robert Gualtieri the day after Candidate Mclynas sent emails to women's rights
groups detailing Sheriff Guattier’s hiding and protecting wife beating deputies.
2. Craigslist subpoenas for the accounts of James Mclynas.
3. Fraudulent Affidavit filed by PCSO Deputy Mathew Wroe available at
https://ounw scribd. com/document/325695111/PCSO-Matthew-Wroe-Depo Stingray.
Application
4. Deposition of PCSO Matthew Wroe describing the assistance of Assistant State Attorney
Greg Groger in fling fraudulent court documents against Candidate Mclynas
‘nttps://www.scribd.com/document/329672097/Pinellas-County-Sheriff-Deputy-Matthew-
Wroe-s-Stingray-Deposition
5. Excerpts from the Court's findings in case 10-007346-FD showing that the court determined
that ALL accusations filed against Candidate Mclynas by PCSO Child Protective
Investigations were false and without merit.netps://www. scribd. com/document/329828974/Excerpts-From-Dr-Evans-Report-n-the-
‘Mental-Instability-and-Dangerous-Personality-of-Laura-Beth-Fleming
6. Lawsuit filed by Sheriffs Candidate James MeLynas detailing the practices of Sheriff Gualtieri
using government resources, employees, and funds to further his campaign by preventing
Candidate McLynas from obtaining the documents incriminating Sheriff Gualtieri on file with
the PCSO and tegally available to James Metynas.
nttps://www scribd. com/document/328327343/Pinellos-County-Sheriff-Robert-Gualtieri
Sued-for-Hiding-Incriminating-Records-From-Opposing-Candidate Exhibits A-L
hnttos://www.scribd.com/document/328333331/Pcso-Exhibits-a-l Exhibits M-W
nttps://www scribd.com/document/328333484/Pcso-Exhibits-M-W
7. Documents detailing the ilegal use of a Stingray tracking device by Sheriff Robert Gualtieri
without the required warrant. https://www. scribd.com /document/325695111/PCSO-
‘Matthew-Wroe-Depo-Stingray Application
8 Motion to dismiss filed in the fraudulent criminal cases against Candidate McLynas showing
the lengths Sheriff Robert Gualtieri had his agency go to falsely accuse Candidate James
Mctynas and use PCSO resources to further his campaign.
nttps://uunw scribd. com/doc/316980787/6-24-16-C4-Motion-to-Dismiss-McLynas
9. State drops fraudulent charges. https://www.scribd.com/doc/317042232/7-29-16-SAO-Nol-
Pros
10. PCSO Lawyer Paul Rozelle’s BAR Complaint.
httos://vww scribd.com, 1ent/329060760/Pinellos-County-Sheriff-s-Head-Counsel-
Rozelle-Bar-Complain
11. PCSO Lawyer Shannon Lockheart Lies about the existence of Stingray documents being in the
possession of the PCSO and her explanation that the documents were “in the hands of the
$A0" is a violation of Title X, Chapter 119.
httos://www scribd.com/document/329673284/Pinellos-County-Lawyer-Shanon-Lockheart-
Mleqaily-Claims-SAO-Has-Documents
12, State Attorney Bernie McCabe's Brady Disclosure form showing that the SAO will fully and
intentionally failed and refused to check the box on the form disclosing that that had the
documents or documenting that they sent them.
tos: scribd.com/document 352/Pinellas-County-State-Attorney-Disclosure-
Failure
13, Motion to Recuse Judge assigned to the false McLynas charges for failure to permit due
process and hear evidence. https://www.scribd.com/document/317159030/Newton-Mot-
Recuse
14, The Florida Constitution https://www fisenate.gov/Laws/Constitution#A2S03
Witness List Attached hereto;WITNESS LIST
Gale Thompson 736 182% Ave. East, Redington Shores, Fl. 33708
Jerry Theophilopoulos, Attorney at Law 1247 S Pinellas Ave, Tarpon Springs, FL 34689
Gregory Groger 14250 49th St N, Clearwater, FL 33762
Bernie Mccabe 14250 49th St N, Clearwater, FL 33762
Matthew Wroe 10750 Ulmerton Rd, Largo, FL.33778
‘Tammy Driver 10750 Ulmerton Rd, Largo, FL 33778
Paul Rozelle 10750 Ulmerton Ra, Largo, FL 33778
Shannon Lockheart 10750 UImerton Rd, Largo, FL 33778
Matthew Wroe 10750 Ulmerton Rd, Largo, FL33778