Ms. Melanie Coons received a Formal Reprimand from the Governors Office but still refused to comply with the States request. Why? Because she worked with State Attorney Vicki Nichols to contrive a case against William Westervelt. After 10 years of collecting evidence, I am going after Vickie Nichols. I will not rest until she is exposed for her illegal activities.. Is this how she has to win a case or practice law by cheating? Stamford graduate?
One year has passed, still Ms. Melanie Coons J.A. for Judge Darren Steele, still refuses to answer a direct question by The Executive Office of the Governor, Notary Division. Instead, Ms. Coons has committed libelous attacks on the character of Ms. Smith, William’s sister.
The Governors office requested, Ms. Coons to answer as per Notary Sect. 117.05(4)(d) ” The exact date if the notarization” on the Second Amended Information that was tied to surreptitious acts. The same document that was illegally filed with the Clerk of the Courts by S.A. Vickie Nichols.
To date, Ms. Melanie Coons received a Formal Reprimand from the Governors Office but still refused to comply with the States request. Why? Why has Melanie Coons chosen to receive a Formal Reprimand and commit libelous attacks on a person she has never met before in lieu of answering one question about her work product? What is she hiding?
On July 8th 2012, Notary, Ms. Melanie Coons – Notary Public Commission # DD226350 was formally reprimanded for notary misconduct by the Office of the Governor, Notary Section Tallahassee Florida.
Ms. Coon’s whom is now a Judicial Assistant for the Honorable Judge Darren Steele of the 19th Circuit Court in Stuart Florida was reprimanded for Notary misconduct due to a document she incorrectly notarized in 2006.(Second Amended Information crafted by State Attorney Vicki Nichols) To date, Ms. Melanie Coons still refuses to comply with the Governors Office request.
Why is this important? The relevance and validity of this document in question ( Second Amended Information) is paramount, as it is tied to a series of surreptitious acts of errors and omissions of the Martin County State Attorney Office, in which Ms. Melanie L. Coons was an employee at the time of this paperwork scandal.
Vicki Lynn Nichols lied and manufactured evidence on this case. Pictures worth a 1000 words. Martin County Judges covered her a….. and the Martin Co Sheriffs Dept. for creating and contriving a case that never existed. I am not finished with Ms. Nichols yet.
As these photos along with several more appeared only after William was illegally duped into pleading guilty for this crime of “Aggravated Battery” with a vehicle where he actually was the injured party. These pictures clearly illustrated that this car did not t-bone Marie Becker’s car( his ex-girlfriend). However, the passenger side door panel a dent is visible under the plastic and the window is broken. Why? Because his car was T-boned by Ms. Marie Becker and Alfred Skilling. They are the people that should be in jail for Aggravated Battery.
Photo 1: Interior
Photo 2: Left Side View
Look closely as you will see damage inflicted by Marie Becker Smiths blue mustang. Sorry no picture of Marie Becker’s car either. Somehow that detail was also over looked. So without pictures and with testimony from the first responder D/S Lori Kandill indicating in her report that William was…
To review the current case before Judge McCann of the many violations of the Martin County Sheriffs Department over seen by Sheriff William Snyder of the many violations of the Florida Statues including a cover up by Martin County Sheriffs Department in the attack of William C. Westervelt by law enforcement D/S Joseph Kukuvka. Violations to include destruction of evidence, manufacturing evidence, suppressing evidence to create false narrative to protect several employees of convictions.
William Westervelt was attacked two times in the Martin County jail by Deputy Joseph Kukuvka. Sheriff William Snyder, has gone to great lenghts to cover this incident up by destroying the video feed and falsefying evidence. The resident taxpayers of Martin County Florida and the resident taxpayers of Florida should support this initive as it would send a message to all law inforcement agencies that illegal behaviours that harm innocent citizens should not be covered up by fancy expensive legal firms at the taxpayers expense. Taxpayers must demand what lawsuits are these agencies are involved in and why? What are the costs associated with these law suits? Why are the lawfirms representing these agencis getting rich off of the little guy the taxpayer? William Westervelt is representitive of many incidents that happen on a daily basis. Is it not time to get involved?
One of the purposes of this document is to reveal a reality to the residents of Martin County Florida informing them on how some of their tax dollars are being frivolously wasted on continual cover ups in a pattern of illegal exploits frequently committed by the Sheriffs Department employees and many judicial civil servants that are currently in place. These serial behaviors have detrimental and devastating impacts on the citizens, innocent individuals of the many unjust incarcerations and their families.
These allegations are demonstrated through 10 years of FS 119 requests, research, and recitations. The friends and family of William Westervelt have been been astounded by the purposeful deficiencies in Martin County that have been displayed over the last decade. Not only in William Westervelt’s three concurrent cases but all the unknowing and trusting folks of Martin County. William Westervelt’s friends and family do not reside in Florida but live afar and are regular law abiding citizens themselves, however, it was the accumulation of incompetent and illegal performances time and time again they felt this serious issue of perpetual behaviors must be brought to the citizens attention. In exposing the unimaginable 10 year journey William Westervelt’s family was lead by these legal and judicial agencies within Martin County Florida. This concrete and explosive evidence that is revealed threatens to take down the facade of the Martin County Sheriff Offices as we know it headed by Sheriff William Snyder but this evidence also supports the deception at the hands of several Honorable Judges and your legal agencies.
This document will highlight only a small sum of the injustices that have occurred within Martin County legal realm but might encourage one to ask, question, demand and on the current practices in place.
However, most importantly this document will also demonstrate how and why this current civil case (2009) of Westervelt vs MCSO ties to William Westervelt’s “contrived (2004) criminal conviction” fast forward to the most recent attempted murder on William Westervelt’s life on January 3, 2014.
We will demonstrate these injustices by linking the three concurrent cases of William Westervelt.
Current Civil Case 1. William Westervelt vs Martin County Sheriffs Offices: Assault by a D/S, destruction of evidence blackout video, falsifying IA report.
Sheriff William Snyder of the Martin County Sheriffs Offices (MCSO) knowingly and intentionally withheld information criminally violating Florida Statues 918.13( 3rd degree felony), 910.13 and 77.03-2c. pertaining to William Westervelt’s civil case that is presently, before the Honorable Judge McCann of Martin County.
Sheriff William Snyder is aware of documents that demonstrates proof that the agency participated in the cover up by multiple personal in the MCSO. Destroying and manufacturing evidence in falsifying the MCSO Internal Affairs(IA) investigation pertaining to the assaults that occurred in the Martin County Jail against William Westervelt on the morning of June 17, 2009.
Sheriff William Snyder is aware of that FDLE was either lied to or participated in the cover up of the Internal Affairs Report by multiple personnel in the MCSO.
Sheriff William Snyder has proof in his possession of the newly discovered evidence which refutes the findings of the original Internal Affairs report but he refuses to acknowledge, accept and act on this information,
Sheriff William Snyder has committed “willfull blindness” under the Fla. Statues. 910.13. Aiding and abetting
pertaining to this ongoing case. This case is currently before the Honorable Judge McCann. This documentation reveals that multiple personnel in the Sheriffs Office destroyed evidence and manufactured a falsified investigation pertaining to the assaults that occurred in the Martin County Jail at the hands of D/S Joseph Kukuvka against William Westervelt. This concrete and explosive evidence threatens to take down the facade of the Martin County Sheriff Offices as we know it headed my Sheriff William Snyder but this evidence also supports the deception at the hands of the Honorable Judge James McCann.
Sheriff William Snyder refuses to acknowledge the newly discovered information which makes the MCSO IA irrelevant. (see letter).
Why would Sheriff Snyder not reopen the I. A Investigation after receiving the new information that clearly supports the allegation of a faulty investigation under his rule? Rather then conduct a investigation Sheriff William Snyder has chosen “willfull blindness” andto take an active role in the criminal concealment of the crimes perpetrated on William Westervelt by he and his agency. Why? The answer is comprised up of several reasons. Fearing exposure to Williams civil suit would assuredly dredge up deep dark, deceitful practices of years past and present not only in William Westervelt’s case but so many others whom have fallen prey to the Martin County justice/legal system. Sheriff William Snyder realizes that if he reopens the investigation he would be responsible for the arrest of a prosecution of his own personnel and opening the door for further civil litigation. This exposure would result in MCSO actively and knowingly participating in criminal negligence, the MSCO would loose its credibility, once substantiated this fact would result in a large settlement from the state, under the Fla. Statues. 910.13. Aiding and abetting. It would destroy the Honorable Judge James McCann’s reputation but most of all it would present an imminent danger of reopening Williams Contrived Criminal case (2004). “
The high priced attorneys were hired to defend the Martin County Sheriffs Department for the several crimes that were perpetrated against William.
Martin County Jail(2009) by D/S Kukuvka. Assault (see video).
The second assault is blacked out/ erased. Destruction of evidence Florida. Statue 918.13, Tampering and Fabricating evidenced is linked the retired D/S Jerry “Todd” Neal and D/S Brian Gervise of the Martin County Sheriffs Offices(MCSO) This act is considered a 3rd degree felony. The cover up dispels the assaults that occurred in the Martin County Jail at the hands of D/S Joseph Kukuvka against William Westervelt on the morning of June 17, 2011 in the Martin County Jail.
The IA from MCSO report says the second assault could not have occurred as D/S Kukuvka left the premises before the alleged second incident could have happened. End of story.
4. Not true. A newly discovered documents, a warrant with D/S Kukuvka signature and D/S Kukuvka admits in his recent interrogatories that he was in fact was in the Martin County Jail at the time of the second incident. Which now makes the original IA report by the MSCO irrelevant.
The Honorable Judge James McCan have continued to display blatant disregard for the Florida Law and countless due process violations. Again all substantiated. All of these documented atrocities have been committed in the name of protecting the defendant named in the suit (MCSO). (see attached). The Honorable Judge McCann was clearly made aware of the newly discovered information and documentation eight months ago. A motion requested the court to take Judicial Notice of he documents and make them part of the court file. Judge McCann can not let these documents become part of the court file. He choose to suppress the new evidence. Why? Because it would open the pandoras box of the Sheriffs Snyder’s criminal cover up to protect the his reputation and the several employees of facing jail time to include a settlement and worse of all reopening the Contrived Criminal case (2004).
To avoid that scenario he wrote a series of bizarre written rulings ( by any legal standards) by the Honorable Judge James McCann refusing to accept the newly discovered clear and concise evidence as a part of the file. A violation of the Florida Statute 90.202. As more substantial information and unjust acts continue to occur as we are draw closer to Judge McCann’s desperate to dismiss this case.
Based on the refusal to comply with the law the illegal actions by Sheriff William Snyder and Honorable Judge McCann, the the Martin County State Attorneys office, State Attorney Nita Denton. Ms. Denton have refused to acknowledged these legal violations.
Fearing exposure to Williams civil suit would assuredly dredge up deep dark, deceitful practices of years past and present not only in William Westervelt’s case but so many others whom have fallen prey to the Martin County justice/legal system. This document is designed to expose and perpetuate change through information
Current Civil Case 2: William Westervelt vs Florida Department of Corrections – Attempted Murder
See civil suit.WILLIAM WESTERVELT, an individual, Plaintiff,v. CASE NO.:142014CA000300CAAXMA.DEPARTMENT OF CORRECTIONS,a political subdivision of the state of Florida,DAVID LAWRENCE, in his individual capacity as Prison Warden, and PATRICK MURPHY, in his individual capacity as Assistant Prison Warden.
Although it has been a few months since the last update, we would first like to thank the many people who responded with their heart felt concerns after the attempted murder on the William’s life the morning of January 3, 2014 at De Soto Correctional Facility. Even more moving were the numerous contacts on the blog from the families of there loved ones that have been punished and denied justice.
After the brutal attack on William on January 3, 2014. William was transferred to four (4) different institutions and written there (3) disciplinary reports (DR)all in a period of 70 days. During the months from January 2014 to April 2004, William was housed in confinement and recovering with minimum medical attention from the over one hundred (100) stitches to his neck throat resulting from the knife attack. His hand was broken in three places while fighting for his life during this incident. It just so happened there was an inordinate lack of security that day and the video feed has been broken on the De Soto Correctional Campus for over a year.
The DOC refused to adhere to the surgeons insistence of keeping William over night for medical observation as he had just undergone a major surgery. Friday evening, Saturday and Sunday, William was locked in a medical confinement room back at De Soto Correctional with no running water and no medical treatment except for a few pills slide through the opening in the door. William was in major pain and the pain killers were wearing off. His neck wound was oozing and was all over his bedding. He was begging for at least some water to clean his own wound he was denied by the evil nursing staff and a couple of prison guards on duty through out the days. It wasn’t until Sunday evening were William was continually denied any medical attention he screamed at the nurse and the guard on duty. He was given a disciplinary report (DR). A short time later it was a wonderful prison guard that heard William’s plea that this man not only was in the room trying to fix the water but actually retrieved water and help Williams clean his neck wound. All should still be preserved on the video surveillance.
Monday William was taken to solitary confinement until they can figure out what to do with him. He was visited by a couple of nurses. William explained to them about the water incident and their remarks were that one was for Ms.C. Who is Ms. C? She is the prison guard (whos mother is the head nurse at De Soto) who over sees the “Faith based dorm” and is guilty of supplying contraband and the conduit for the attempt on Williams life. The insiders say she promised the drug K2 if William was killed. The inmate whom is guilty for the attempt on William life was never interviewed by DOC and has since been transferred. Ms. C was found innocent of any charges by DOC and has since been promoted.
Department of Corrections (DOC ) silenced William with “Diesel Therapy”*.Diesel therapy n. the continuous or unnecessary transport of a prisoner from place to place, especially as a form of reprimand or punishment, but also as a result of bureaucratic mistakes. In typical fashion the Florida Department of Corrections in an attempt to conceal the magnitude of the incident implemented one other standard procedures known as Diesel therapy. During this period, the inmate is written unfounded disciplinary reports consisting of false allegations and then will be sentenced to solitary confinement. The inmate shall remain in confinement from one institution to another until this person is silenced and does not remain a threat to the DOC anymore. In confinement the inmate is denied access to a telephone and their personal property which would contain writing paper envelopes and stamps.(See contrived confinement)
William has served over eight years(8) with a clean record at De Soto Correctional Inst. The family contacted numerous Florida Department of Correction officials attempting to obtain permission to speak to William and check on his condition after the “Attempted Murder” all requests were denied by Warden Lawrence.*DOC Rule 33-602.220, F.A.C., is the rule that governs administrative confinement. Rule 33-602.220(5)(j), F.A.C., specifically deals with telephone privileges and it states: (j) Telephone – telephone privileges are allowed for emergency situations, when necessary to ensure the inmate’s access to courts, or in any other circumstance when a call is authorized by the warden or duty warden.
William was transferred to South Florida Reception Center(SFRC) from DeSoto Correctional two weeks after the attack and was still in confinement for his safety. Two weeks in confinement in the (SFRC) he was transferred to Martin Correctional from South Florida Reception Center the second of the 5 diesel therapy trips. The family again was in fear for Williams life as he was brought to Martin County. (see D/S Kukuvka 2004 & 2011)
It was decided by Region three officials that Martin County was chosen because of the Protective Management facilities they could offer William. The Family was extremely upset about this setting as Martin County would result in death for William given the current civil suit with MCSO and the 2004 “Contrived Conviction”The family blanketed Department of Corrections again with emails, letter and telephone calls demanding William be removed from Region 3 ASAP.
The family contacted Ms. Posten the classification officer at Martin County Correctional for an update on his status. She conveyed that William will be in confinement for a while. She claimed that the attempt on Williams life, which consisted of a helicopter transport Emergency surgery, and recovery in the Intensive Care Unit, did not qualify William for the Protective Management Unit. Thereby overriding her superiors orders. Please see excerpt to DOC from family member. * On Tuesday Jan. 4, 2014, It was recommend by a panel at Martin County C.I. and approved by DOC Reg. 3. Classification Officer Steven Parker that William Westervelt be transferred to another Region for his protection and safety. At that same hearing William was denied a protective management status by Col. Morris(former De Soto employee), Warden Lawrence and Classification Officer Ms. Posten of the Martin County C. I. No detailed justification, in accordance with DOC policy, was cited.
Legal counsel was retained to address these issues. Before this could be addressed, Williams was expedited to his third cruel and unusual diesel therapy trip from Martin County Correctional to Madison Correctional. William was given 10 minutes notice to leave at midnight and was driven was driven over 500 miles to Madison Correctional where he arrived at 8:30 a.m.. The glitch was according to the DOC rules William would finally be released from confinement for his second falsified disciplinary report on the day of arrival. But DOC still needed William to be silenced and not be able to communicate with family.
Upon arrival to Madison Correctional, William was immediately forced to have 6 photographs taken by Officer Frazier of his untreated broken hand resulting from the attack 4 weeks previously. William immediately and clearly informed the prison guards of his medical pass for his hand. William asked to use the bathroom, where he was promptly given a mop, bucket and sponge and forced by the sadistic guard to clean the bathroom from top to bottom despite the photos that had just documented his broken and mangled hand and the medical pass. Immediately, thereafter William was given a third contrived D.R.(disciplinary report) and sent to confinement. His inability to carry the 50 pounds of his belongings and legal work in two trash bags due to his broken hand with the medical pass were categorized as refusal to follow directions. Yes, the broken hand they had just taken photographs of less then an half hour ago. Shortly there after a hearing was conducted and despite his Medical file which contained x-rays of the numerous breaks, a medical pass stating the hand was not able to be used to include their own photographs, William was found guilty of refusal to listen and obey a guard. Once again sentenced to forty 40 days in solitary confinement at Madison County Correctional Institution.
While William was in his third contrived confinement, his family was relentless in writing letters and calling the officials at the Florida DOC in demonstrating and demanding that William be placed within the Protective Management Program. The family contacted Mr. Rusty Mclaughlin of DOC head of Classification and requested that this issue be addressed ASAP. Ten days later William was transferred Williams was transferred (the last of the diesel therapy trips) to Wakulla Correctional Protective Management Unit and he was released from this third contrived confinement.
William ended up being transferred to 4 different locations, fearing for his life and in solitary confinement exiled from contacting his family for 70 days. Cruel and Unusual treatment for someone whom just had an attempted murder committed on their life and over a 100 stitches in their neck.
Simultaneously, Ms. Lorelei Anderson an investigator for Dept. of Corrections was conducting its investigation into Williams attempted murder. On April 9th, 2014, the investigation was released. Unfortunately, it consisted of contradictions inconsistencies and found no wrong doing on six different counts. The Family of William spoke with Ms. Anderson and said had William not had a huge scare on his neck for ear to ear, many photographs, a life flight helicopter transport and emergency surgery paperwork you would conclude that this attempted murder never occurred according to your report. Of course this was not a surprise to William and his legal counsel. The Dept. of Corrections Inspector Generals Office like any other agency which implements, its own policing for the sol purpose to protect itself and its staff from criminal prosecution and civil litigation.
Here is where the story takes a few twists and turns. This information will connect and tie the threads of Williams three current and pending atrocities to the Martin County Judicial and legal systems in place. The Martin County Sheriffs Offices civil suit, the original 2004 contrived criminal conviction and lastly the attempted murder on Williams life
The recap of Williams Civil Case with the MCSO now in progress: An anonymous employee of the Martin County Sheriffs Office, had acquired information and furnished documentation that proves the Martin County Sheriffs Office headed by Sheriff William Snyder knowingly and intentionally withheld documentation based on the refusal to comply with the law the illegal actions by Sheriff William Snyder and Honorable Judge McCann, William filed a complaint with the Martin County State Attorneys office, State Attorney Nita Denton has refused to acknowledge these legal violations.
The three Acts intersect that creates the Perfect storm.
Here is where the attempted murder of William Westervelt on (January 3, 2014) at the De Soto C.I., the assault on William in the Martin County Jail(by D/S Kukuvka) on( June 17, 2009) and the “contrived incarceration” of 2004 intersect.
D/S Kukuvka was the same individual whom was instrumental in the “contrived incarceration” (2004) of William Westervelt. This contrived crime was manufactured essentially by D/S Kukuvka and S.A. Vickie Nichols. It simply never happened. The ultimate proof is within these pictures.
Years of documented retaliation perpetrated on William Westervelt by D/S Kukuvka of the MCSO encompassing the myriad of illegal and prosecutable acts by D/S Kukuvka in (2004) to coincide with the massive cover up by the MCSO in the current civil/criminal lawlessness (2009) is now surfacing.
2004 William Westervelt was found guilty of Assault and Battery with a deadly weapon (his car), meaning he was deemed guilty by State Attorney Vickie Nichols, D/S Joe Kukuvak and the Martin County Judicial System, of hitting (T-boned) his his girlfriends car with his car. William said he never “T-boned” or touched his girlfriend car. How can you prove this without pictures? Ask the MSCO for the Vehicle Storage receipt. The law requires that this document and pictures must accompany an impounded vehicle. For over 5 years, Williams family bombarded the MCSO with F.S 119 requests for a copy of this document which would prove to be instrumental as it has a schematic of a vehicle to notate any damage before it is towed and stored in the impound yard. This document would clarify any questions concerning the damage of the vehicle as it relates to the charge against William.
Ms. Susan Clonan (MCSO Custodian of Records)signed the letter admitting this procedure was not followed by the MCSO the night Williams car was towed. Over two years after the incarceration, pictures surfaced of Williams car that was impounded by D/S Kukuvka MCSO. These pictures clearly demonstrate that the Assault and Battery never occurred! Here is where we finally figured why there were initially not pictures and Vehicle Storage Receipt. D/S Joe Kukuvaka need the vehicle out of sight for his” contrived narrative” what better place to store it but in the impound lot as it was conveniently out of sight. D/S Kukuvka illegally used the MCSO impound yard as a hiding place for Williams car. If this car was in an T-bone style accident there should have been appropriate photos substantiating the of the front of the car. This picture taken by MCSO, just shows a missing blinker light lens. Also, William stated that it was he that was T-boned by his ex girlfriends. Therefore, the crime never occurred rendering a conclusion that William Westervelt should be a free man. William stated that it was he that was T-boned by the ex girlfriends car. Apparently there are not any pictures of the ex girl friends car. The side door appears to be damaged. Thus more credence that William is in jail for a crime that never existed.
Many letters have written the Judge Levin demanding the supporting evidence to substantiate the charge of the “contrived conviction” (2004) see letter. No response. Even today after purchasing a (box) of the State Attorneys file there is zero supporting decimation for S. A. Vickie Nichols addition of counts 3,4, 6 in which William is serving 15 years for count 3.The letter to Judge Levin requests the opportunity to review these documents. The Judge appointed Thomas A. Genung, Trial Court Administrator last in 2013. Mr. Genung input and contribution was he cannot find the information and suggested try the Clerk of the Courts. To date Clerk of the Court says we do not have any such information. Hence, the information is missing or as stated in the referenced letter, it never existed.
Ten years later William and his family have tied and substantiated the many loose threads of this” contrived conviction” to demonstrate beyond a doubt that The Martin County Sheriffs Department and the State Attorneys office participated in this Massive coverup in which evidence was manufactured, destroyed and suppressed to create the case. Even D/S Kukuvka’s wife who worked in dispatch for the MCSO manufactured another set of call logs, as we have two different sets for same time and day that state two different scenarios. One is the accurate depiction and the second one states William is dangerous and must be apprehend immediately. The original report written by D/S Lori Kendall as she was the first responder the night this case states that William Westervelt was the victim of a crime and not the perpetrator. She went as far as to call a ambulance for William that night. Six years later on the witness stand in an evidentiary hearing she admitted that “Joe K.” changed her report to make it appear that William was the dangerous perpetrator. The document we have is a pathetic attempt to change the facts. Judge Sherwood Bauer presided over this hearing( the same day D/S Kukuvka assaulted William in the Martin County Jail- Civil Case 1.) and denied another chance of a trial even though the pictures and many other evidences were presented. Dereliction of duty? Yes, but he could never open the opportunity for William to come back and depose and interrogate these players especially State Attorney Vicki Nichols as she not only suppressed evidence but manufactured it. See Melanie Coons post in blog. Ms. Melanie Coons was reprimanded by the Notary Division Governors office under the breach of Notary duties due to our letters insisting that her misconduct and many violations be reviewed. Ms. Coons just happened to be the notary helping Vicki Nichols slide in charges in Amended Informations without substantiation. See Judge Levin letter. Conveniently, the Clerk of the Courts especially under Marsha Ewing was notorious for deleting line items often and loosing information in connection with Williams case. That is a whole other can of worms. Fortunately, we copy all docket progresses periodically and can monitor any changes.
This culmination of the two issues are now surfacing faster then Martin County Sheriffs Offices and the Martin County Judicial powers can squelch all these once far fetch allegations resulting the perfect storm for this collective. The realization of the unjust acts the MCSO civil servants have perpetrated but also equally as devastating to S.A. Vickie Nichols, Bruce Colton, Nita Denton, Judge Sherwood Bauer, J, Judge Levin, Melanie Coons(Notary) many others in minor but illegal offenses could result in jail time, loss of esteemed agency and civil servant positions and lawsuits. Never did this collective ever believe that William’s friends and his family would persist and prevail over a 10 year period of time to uncover these unimaginable atrocities. This document really just scratches the surface of the boxes of emails, conflicting documentation, substantiation, videos, cd’s of court hearing, transcripts etc. the could tell a much deeper chronicle of events and deceptions.
In 2013 members of the Martin County Sheriffs Office and Judicial systems agreed that the expose of continuous information that was surfacing and could go no further and could not be allowed to fester. William must be permanently silenced. Although, the act of the attempted murder occurred at De Soto Correctional but it was initiated by the Martin County collective whom realize the civil case is going to surface and the criminal case Federal Appeal is being filed. Eventually, with continued persistence of an attorney and family, the Martin County collective would have to testify and essentially tell on themselves for the multitude of incomprehensible lengths his group engaged in to cover up initially small unauthorized acts but clearly spun out of control not once but twice.
The murder was unsuccessful. God must have a plan for William as he should have been dead. His legal representation has filed the yet another law suit against the Florida Dept. of Corrections as stated in the beginning of this document.
William is in Protective Management Status but still fears for his life as the 21 inmates that were placed in confinement at De Soto for reasonable suspicion of taking part in his attempted murder. All have been shipped out to various institutions. Unfortunately, this group of 21 was never questioned or followed up on by the DOC investigator. These inmates can be anywhere and today able to finish the attack on William.
William will be requesting a transfer from the Florida Dept. of Corrections to another state in the near future for fear of his safety within the State of Florida.
I will attach a petition within the next week. If you agree with what you read in the corruption that goes on beneath the surface and want to try to make a difference, I would ask you to please sign this petition as it will be presented to The Justice Department in Washington D.C. and the Governor of the State of Florida. This Petition will request an investigation into Williams Westervelt’s case and the many documented atrocities that have occurred at the hand of the local Martin County Civil Servants. A change take place and a system must be implement to change “the good ole boy system” and refocus the light of justice on fair and just practices.
Please take the time contact FDOC spokeswoman Gretl Plessinger. As she thinks that this statement is going to make all feel better about being priced gouged ! “We’re sympathetic to them, but it’s tough on everyone.” Demand they bring back the many items that they have discontinued and lower prices.
While the economic downturn has caused the price of goods and commodities to decrease in the free world, the cost of items in Florida’s prison canteens has skyrocketed under a new contract.
Florida law requires that items sold in prison canteens “shall be priced comparatively with like items for retail sale at fair market prices.” That provision was enacted in 1996, along with another directive that transferred canteen profits from the Inmate Welfare Fund to the state’s General Revenue Fund.
In other words, rather than utilizing canteen profits to fund recreation programs, chapel activities and other services for prisoners, those profits now go directly to funding state operations. The result is that activities previously funded by the Inmate Welfare Fund have been eliminated or must rely on donations to operate.
The state’s General Revenue Fund netted about $30 million in fiscal year 2007-2008 as a result of the canteen contract…
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR DESOTO COUNTY, FLORIDA
WILLIAM WESTERVELT, an individual,
v. CASE NO.:
DEPARTMENT OF CORRECTIONS,
a political subdivision of the state of Florida,
DAVID LAWRENCE, in his individual capacity
as Prison Warden, and PATRICK MURPHY, in his
individual capacity as Assistant Prison Warden,
The plaintiff, William Westervelt, by and through his undersigned attorneys, files this Complaint against defendants, Department of Corrections, a political subdivision of the state of Florida (hereinafter “DOC”), David Lawrence, in his individual capacity as Prison Warden, and Patrick Murphy, in his individual capacity as Assistant Prison Warden and, as grounds for, would state as follows:
1. This is an action for civil damages in excess of $15,000.00, exclusive of interest, costs, and attorney’s fees.
2. Venue is proper for the Circuit Court of DeSoto County because:
(a) At all times relevant and material to this Complaint, Plaintiff was incarcerated within DeSoto Correctional Institute, a Florida penal facility operated by Defendant DOC, located in DeSoto County.
(b) Venue is pursuant to Florida Statutes § 47.051 because the acts that give rise to Plaintiff’s claim occurred in DeSoto County.
3. At all times material to this Complaint, Defendant DOC was authorized to operate and manage DeSoto Correctional Institute, wherein Plaintiff, a Florida citizen, was serving a term of incarceration.
4. At all times material to this Complaint, Defendant David Lawrence was employed as Warden of DeSoto Correctional Institute.
5. At all times material to this Complaint, Defendant Patrick Murphy was employed as Assistant Warden of DeSoto Correctional Institute.
6. On or about September 15, 2013, Plaintiff made members of the prison staff, specifically a guard and the Chaplin, aware of gang-related activity occurring in his unit. Plaintiff acknowledged to prison staff that while he was being harassed and pressured to take part in the gang activities, he did not wish to participate.
7. On or about October 17, 2013, Plaintiff’s sister, Victoria Smith contacted the Assistant Warden, Defendant Murphy via e-mail documenting her concerns for Plaintiff’s safety with respect to threats by gang members within the prison. The e-mail was followed up with several phone calls and requests by Victoria Smith that Defendant Murphy meet with Plaintiff before he finally agreed to do so.
8. During the month of October 2013, Plaintiff, hoping to alleviate the gang violence, met with Defendant Patrick Murphy and provided him with names of gang leaders as well as specific instances of gang violence and threats against the safety of Plaintiff and other inmates. No apparent action was taken by any member of prison supervision to address or even investigate these allegations.
9. Over the course of the following months, the threats and harassment by members of the prison gang continued. Plaintiff and his sister, Victoria Smith, had reason to believe that the ongoing threats were intensified by the fact that Plaintiff had spoken to prison authorities about his predicament and revealed to them details about the gang’s illegal and violent tendencies. Defendants Murphy and Lawrence did nothing in response to Plaintiff’s concerns or to ensure his safety in light of the threats.
10. Defendants Lawrence and Murphy chose not to remove Plaintiff from a known dangerous situation, so he remained in General Population and thereby susceptible to further harassment, threats and potential bodily harm.
11. At about 6:00am on January 3, 2014, one of the members of the prison gang, who had been previously named by Plaintiff as one of the leaders who had been threatening his life and safety, attacked Plaintiff and slit his throat with a knife. Plaintiff was transported out of the prison via helicopter and surgery was performed to close the neck wound.
12. Defendant Lawrence contacted Plaintiff’s sister, Victoria Smith, to inform her of the incident and that Plaintiff would survive. Defendant Lawrence also told her of his decision to treat the occurrence as an aggravated assault, despite Victoria Smith’s objections. She contended that it ought to be regarded as an attempted murder based on the ongoing nature of the threats and violence.
13. Plaintiff adopts, re-alleges and affirms the allegations in Paragraphs 1 through 12 as fully incorporated herein.
14. Defendant DOC, as operator of DeSoto Correctional Institute, owed a common law duty of care to those inmates in its care, custody and control.
15. Defendant DOC was negligent and breached the duty of care owed to Plaintiff by allowing Plaintiff to be violently attacked by known gang members within the prison.
16. Prior to the incident, Defendants Lawrence and Murphy, as well as other prison employees, were notified on several occasions by Plaintiff and by his sister, Victoria Smith, of the threats by other inmates and concern for Plaintiff’s safety.
17. Based on this knowledge, it was reasonably foreseeable that Plaintiff’s life would be in danger if he continued to be housed in close proximity to the inmates who were harassing Plaintiff and repeatedly threatening his life.
18. Defendant Murphy was also made aware of specific instances of violence committed by the inmates who were threatening Plaintiff. Due to the retaliatory nature of many prison gangs, it was foreseeable that the threats and harassment would escalate as a result of Plaintiff’s attempt to cooperate with prison authorities by providing this information.
19. Defendants neither investigated the information that Plaintiff provided nor took any steps to protect him from further threats, intimidation, or physical retaliation from members of the prison gang.
20. Defendants breached their duty of care owed to Plaintiff by failing to take reasonable measures to protect his safety, such as transferring him to another cell block or prison or addressing the recurring violent activity at its source.
21. As a direct and proximate result of the negligence of the defendants, Plaintiff suffered severe bodily injury, pain and suffering, disfigurement, fear, and mental anguish. Plaintiff will have a lengthy scar across the front of his neck, making this injury permanent and continuing in nature.
(42 U.S.C. § 1983 – Eight Amendment)
22. Plaintiff adopts, re-alleges and affirms the allegations in Paragraphs 1 through 12 as fully incorporated herein.
23. Prisoners do not have an absolute right to be protected from violence at the hands of other inmates, but prison officials nevertheless have a duty of ordinary or reasonable care in protecting against inmate violence.
24. The duty of care arises when the prison officials know of a risk to an inmate’s safety or have reason to anticipate danger. At that point, prison officials are charged with reacting reasonably in order prevent that danger from occurring.
25. Prisoners are in a unique, confined environment, unable to seek help on their own or escape the danger of assault at the hands of other inmates. In light of this fact, the breach of a prison official’s duty of care to protect inmates in the care of the prison can amount to cruel and unusual punishment.
26. Defendants Lawrence and Murphy were contacted on numerous occasions with regard to the gang violence that was occurring in the facility, and, specifically, the threats and harassment directed toward Plaintiff.
27. Defendants Lawrence and Murphy disregarded a known or anticipated danger to Plaintiff’s safety when they failed to respond reasonably to multiple reported concerns by both Plaintiff and his sister, Victoria Smith.
28. Plaintiff suffered a constitutional injury when he was brutally assaulted by another inmate as a result of defendants’ failure to address the reported concerns for his safety.
29. In failing to respond to take reasonable precautions to avoid this attack, defendants demonstrated deliberate indifference to Plaintiff’s constitutional rights.
WHEREFORE, the Plaintiff, William Westervelt, demands judgment against the defendants, jointly and severally, together with interest and reasonable costs and fees.
Plaintiff demands a trial by jury as to all issues.
As the weeks have progressed, William Westervelt has endured more than anyone in our fair legal system should ever have endured from the Florida DOC and it employees. At this time he has been jerked around by the higher and lower powers in order to punish him in making waves for institution of the DOC. Assistant Warden Murphy and Sergeant White who are employees of DeSoto Correctional Institution took William on a walk and threatened him to go along with the many illegal(contraband items, homosexual and other various violent activities within the “Faith based Dorm”. This all of course before the attempted murder of William. We know and will prove that Sergeant White was instrumental is this heinous crime.
As William has lost over 15 pounds due to the Attempted Murder and he has been in confinement since January 3, 2014 his spirits remain optimistic. There is much background information to his attempted murder that still cannot be discussed as the investigation and law suit is in progress.
The attorney representing William has filed a lawsuit against the DOC for violation of his Eighth Amendment Rights and the naming the incompetent and evil Warden Lawrence of Desoto C.I and his Assistant Warden Murphy whom were well aware that this incident was in the process of becoming a reality and did nothing. Although, not named in the suit the Chaplin whom was very aware of these issues also turned deaf ear on William. He too is as guilty.
Simultaneously, a lawsuit against Wexford Health Services will be sued for the neglect and inadequate healthcare of an inmate.
More to follow.
William Westervelt and his family would like to thank the over 5300 viewers of this blog since it’s inception. May justice prevail throughout Martin County and our fair land.