Tag: Isabel Campbell

There has been witness tampering in the Coach Houses litigation in Lake County, Florida.

William M. Windsor received an email (that was not intended for him) that revealed an attorney in the Coach Houses litigation was telling witnesses who had been subpoenaed to give depositions and produce documents NOT to show up.  This appears to be a federal crime of Witness Tampering.

See the evidence in the motion William M. Windsor filed in the case: witness tampering in the Coach Houses litigation.

Here’s the text of the Motion:

1. On January 29, 2020, Windsor served Isabel Campbell with Notice of Deposition in this case. [EXHIBIT 2356.] The Deposition was scheduled for February 9, 2021.  The Notice was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2370.]
2. On February 1, 2020, Windsor served Isabel Campbell with the Subpoena Duces Tecum in this case. [EXHIBIT 2357.]  The Subpoena COMMANDED Isabel Campbell to appear on February 9, 2021.  The Subpoena was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2371.]  The Subpoena was also served to Isabel Campbell by personal delivery by process server to her residence at 100 East Oak Terrace Drive, Unit F 2, Leesburg, Florida 34748. [EXHIBIT 2355.]
3. On February 9, 2021, Isabel Campbell did not attend the Zoom Deposition. Windsor has a Zoom recording of her failure to appear at 9:00 a.m.  Isabel Campbell had already failed to respond or produce the records requested in the Subpoena Duces Tecum.
4. On February 9, 2021, Windsor filed and served Motion for Civil Contempt and Enforcement in this case. It was served by email to Isabel Campbell and to the Defendant’s Attorney, Christina Bredahl Gierke. [EXHIBIT 2358.]
5. On February 12, 2021, Windsor emailed Attorney Christina Bredahl Gierke. [EXHIBIT 2363.] Windsor informed her that he smelled something foul in Lake County courts, a smell that he had experienced 10 years ago in the extremely corrupt federal courts in Atlanta, Georgia.  He asked if anyone had bribed Judge Dan R. Mosley or Judge James R. Baxley.  Windsor asked how she could “continue to lie her posterior off about his Complaint in 1647 with this ridiculous claim of inspection of records?  That’s the kind of thing someone will say to a judge because they know the fix is in.”  She did not respond.
6. On February 13, 2021, Windsor sent an email to owners of Coach Houses, attorneys, and employees of Sentry Management. Omar Nuseibeh and Attorney Christina Bredahl Gierke received it.  This informed all that Notices of Depositions were to follow in this case.  The email explained that attendance at the deposition will be by court order and failure to appear could result in a court order of contempt. [EXHIBIT 2364.]
7. On February 13, 2021, Windsor filed and served Notice of Taking Oral Deposition of Omar Nuseibeh in Case No. 35-2019-CA-001528. [EXHIBIT 2362.] It was served on Omar Nuseibeh and Russell Klemm.  Attorney Christina Bredahl Gierke is not now and never has been an attorney in Case No. 35-2019-CA-001528.  Attorney Christina Bredahl Gierke was an attorney for Omar Nuseibeh in Case No. 35-2019-CA-001438, but that case was dismissed on February 10, 2021 following sham pleadings filed by Attorney Christina Bredahl Gierke.  That case is now on appeal and complaints against Judge Dan R. Mosley have been filed.  Windsor believes it is possible that Judge Dan R. Mosley was bribed to rule as he did.  Attorney Christina Bredahl Gierke and her 509-attorney law firm, Cole Scott & Kissane, have just emerged as the leading suspect in this potential crime.
8. On February 15, 2021 at 9:47 a.m., Windsor received an email from Omar Nuseibeh. [EXHIBIT 2360.]
9. Omar Nuseibeh obviously screwed up and didn’t intend to send this email to Windsor.  This email disclosed witness tampering by Attorney Christina Bredahl Gierke aka “Christie.”  Attorney Christina Bredahl Gierke does not represent Omar Nuseibeh in this case.  She has obviously committed witness tampering.
10. On February 15, 2021 at 9:53 a.m., Windsor sent an email to Omar Nuseibeh so he would know Windsor received the email. Omar Nuseibeh is not the sharpest knife in the drawer. [EXHIBIT 2360.]
11. On February 15, 2021 at 10:01 a.m., Windsor sent an email to Attorney Christina Bredahl Gierke and her associates and to the attorneys with Clayton & McCulloh. [EXHIBIT 2366.]
12. On February 15, 2021 at 11:27 a.m., Windsor sent a “Meet and Confer” email to Attorney Christina Bredahl Gierke. [EXHIBIT 2367.] He advised her he would be filing an EMERGENCY MOTION to have her disqualified in the case.  Windsor suggested that she withdraw, but she did not respond.

ARGUMENT

CHRISTINA BREDAHL GIERKE HAS COMMITTED WITNESS TAMPERING

12. Windsor’s requests for production are proper under Florida Rules of Civil Procedure.
13. Florida Statute 914.22 [EXHIBIT 2368]:

Tampering with or harassing a witness, victim, or informant; penalties.—

(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:

(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;

(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;

(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;

(d) Be absent from an official proceeding to which such person has been summoned by legal process;

(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or

(f) Testify untruthfully in an official investigation or an official proceeding,

commits the crime of tampering with a witness, victim, or informant. [emphasis added.]

14. This applies to Criminal Proceedings. There does not appear to be s civil statute regarding witness tampering, so this can be used as a guide for the Court to consider the serious nature of what Christina Bredahl Gierke (and possibly co-conspirators) have done.
15. Christina Bredahl Gierke has violated a host of the Rules in the Florida Rules of Professional Conduct.
    1. RULE 4-1.2 (d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law.
    2. RULE 4-3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL A lawyer must not: (a) unlawfully obstruct another party’s access to evidence or otherwise unlawfully alter, destroy, or conceal a document or other material that the lawyer knows or reasonably should know is relevant to a pending or a reasonably foreseeable proceeding; nor counsel or assist another person to do any such act; (b) fabricate evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness, except a lawyer may pay a witness reasonable expenses incurred by the witness in attending or testifying at proceedings; a reasonable, noncontingent fee for professional services of an expert witness; and reasonable compensation to a witness for the time spent preparing for, attending, or testifying at proceedings; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
    3. RULE 4-4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS RULE 4-4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 4-1.6.
16. There are undoubtedly others that address lying, witness tampering, and conspiracy.
17. Courts may not allow attorneys for the only Defendant in a case to contact people subpoenaed as witnesses in the case and tell them not to show up.

Violation of 18 U.S. Code § 1512

18. 18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant:

(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1) influence, delay, or prevent the testimony of any person in an official proceeding;

(2) cause or induce any person to—

(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D) be absent from an official proceeding to which such person has been summoned by legal process; [EXHIBIT 2369.]

19. Christina Bredahl Gierke has violated 18 U.S. Code § 1512 with Omar Nuseibeh.
20. Christina Bredahl Gierke has likely also violated 18 U.S. Code § 1512 with Isabel Campbell.
21. 18 U.S. Code § 1512 indicates the punishment is a fine or imprisonment for not more than 20 years, or both.

BRIBERY

22. Attorneys may not bribe judges.
23. This is something the State Attorney should investigate.

PRAYER FOR RELIEF

24. Wherefore, Windsor moves the Court for an order scheduling an EMERGENCY HEARING to consider this motion prior to any further consideration of the DEFENDANT’S Motion to Dismiss; ordering that if Judge Baxley is not available for an immediate hearing, this matter will be referred to another judge who can hear it; issuing an Order to Show Cause to Christina Bredahl Gierke to respond to charges she has committed witness tampering; issuing sanctions pursuant to Court’s inherent powers; ordering Christina Bredahl Gierke to appear for a deposition with Windsor and produce all communication with anyone except the DEFENDANT without objections; ordering Christina Bredahl Gierke to produce all communication with the DEFENDANT with a Privilege Log to indicate what she claims is attorney-client privileged; ordering Christina Bredahl Gierke to have no further contact with any current or former owner of Coach Houses at Leesburg or anyone involved as a party or as an attorney in Case No. 2020-CA-1438; lifting the discovery stay ordered sua sponte on February 12, 2021; asking the State Attorney to investigate; and granting such other and further relief as is deemed just and proper.

This 15th day of February, 2021.

______________________________

William M. Windsor