On September 10, 2013, Attorney Garrett S. Elsinger, protecting several employees of the Martin County Sheriffs Office of alleged criminal and civil misconduct has filed a motion to dismissed William Westervelt’s civil suit against selected Martin County Sheriffs employees.
Judge James W. McCann has granted an order for a Motion for Leave of court to make an Amendment to the Complaint and dismiss the Motion for and In camera hearing to compel location of Lt. Todd Neal. If you remember Todd Neal whom in now retired from Martin County Sheriffs Office, was in charge of copying the blacked out/erased video. William Westervelt’s family has located Jerry Todd Neal and a subpoena has been served.
What appears next is a “Motion to Dismiss Plaintiff’s Amended Complaint” from attorney Garrett S. Elsinger. Attorney Eisinger still does not represent Jerry Todd Neal.
Ms. Clonan (retired MCSO Records Dept.) is implicated in hiding documents and not fulfilling several FS 119 requests for information with regard to the destruction of the video. William Westervelt sent Susan Clonan interrogatories several months ago. Ms. Clonan did answer them. Sometime later, Garrett S. Elsinger has just recently become her attorney and now wants to remove her incriminating answers by dismissing the case.
Attorney Garrett Elsinger is a member of Purdy, Jolly, Giuffreda & Barranco, the high priced law firm defends law enforcement officers throughout the Southern and Central regions of Florida. Attorney Elsinger’s “Motion to Dismiss” is trying to dismiss based on non existant procedural issues as they do not have a solid case.
What happens when the big fancy law firm that represents law enforcement does not have a solid case? We will find out on October 9, at 10:45 a.m. in the court room of the Honorable Judge McCann.
The Plaintiff (William Westervelt & Family ) possess answered interrogatories from the MCSO employees, video tape clearly depicting D/S assaulting William Westervelt, a black/erased video (that should be depicting a second assault ), an Internal Affairs Report by MCSO stating the second incident with the D/S could not have happened because D/S Joe Kukuvka was not in the jail at that time of the second alleged incident, however, William’s family has in possession of a report (arrest affidavit) that shows D/S Joe Kukuvka was in fact in the jail at the time the second assault took place on William. All this adding up to the fact that there was a second assault but more importantly this civil complaint has now crossed the lines into a criminal offense on behalf of the Martin County Sherriffs Office in the obvious form of a cover up stemming from Martin County Internal Affairs Division.
As of recent several letters have been sent to Sheriff William Snyder of Martin County Sheriff Offices apprising Sheriff Snyder of these” new criminal offenses” developments that have taken place within his Offices. It was requested that the original internal investigation be reopened in light of the new criminal facts that have been revealed and substantiated. A letter was received dated September 15th from Sheriff William Snyder( the sheriff’s secretary writes letter on Sunday?) to Williams family member in response to the request it stated that “your concerns have been throughly reviewed by the Director of Professions Standards. I Consider the Investigative Inquiry 09-02 a closed matter and the disposition remains unchanged.”
Even with overwhelming evidence to state differently Sheriff William Snyder refuses to acknowledge any wrong doing by his offices.