James W. McCann has chosen to disregard the Florida Rules of Civil Procedure,

It appears once again, Martin County Court Judge James W. McCann has chosen to disregard the Florida Rules of Civil Procedure, and Florida Rules of Court while continuing to participate in the concealment of the criminal and civil violations perpetuated by Martin County Sheriffs Office person, against William Westervelt. 

Several months ago, attorney Garret Elsinger  filed a Motion requesting that Judge McCann ignore and disregard the important and incriminating previously answered interrogatories by the M.C.S.O personal that were involved in the assault. Elsinger had filed these documents  over a year earlier. Elsinger has also asked Judge McCann to illegally entertain a new motion to dismiss the whole lawsuit. 

Regardless of the dereliction of duty Judge McCann has shown in the past, it was not conceivable that he would actually entertain this illegal motion.

William failed a Motion to Strike and cited the Florida Rules of Civil procedure and the Florida Rules of Court which showed that attorney Elsingers motion to dismiss was in fact illegal and the court could not by law entertain it. 

William motions went unanswered as has become the standard in Judge McCann courtroom,  on October 9, 2013, at 10:45 a.m. a hearing was held. 

Due to past experiences of Illegal rules without documentation, the family of William hired a private transcription company out of Palm Beach.

Judge McCann conducted the hearing many violations that took place were so outrageous and numerous that one can only ascertain that they had been criminally premeditated. 

The hearing concluded with Judge McCann granting the illegal motion to dismiss filed by attorney Elsinger for the M.C.S. O..

It has been evident for quite some time it is now clear that Judge McCann is convinced that his actions and rulings will never be reviewed and he is somehow  protected. 

William and hs family continue to move forward knowing that all individuals who have partook in this matter will one day face justice.

 

   
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One Response to James W. McCann has chosen to disregard the Florida Rules of Civil Procedure,

  1. Wilis Hengy says:

    I have personally experienced several civil rights violations by the St. Lucie County Judicial System, this Judge, and the Prosecutors and St. Lucie County Sheriff’s Department. Their actions against me to willfully violate my constitutional rights were a crime, Under Title 18 United States Code Section 242. I advise anyone with similar issues to write the press, the Governor, the ACLU, and the American and Florida Bar Association. It is largely due to a lack of public oversight and pressure from the press that these government officials appear invincible; therefore, we must exercise our First Amendment rights to free speech, free press, and to peaceably assemble and to petition the government for a redress of grievances before changes in our criminal justice system will occur. We must know our rights; because:
    The wiser a man becomes, the less will he be inclined to submit tamely to the imposition of fetters or a yoke, on his conscience or his person. For, by increase of wisdom he not only better knows his rights, but the more highly values them, and is more conscious of his worth and dignity. His pride then urges him to assert his independence. He becomes better able to assert it also; and better able to assist others or his country, when they or she stake all, even existence, upon the same assertion. But mere knowledge makes no one independent, nor fits him to be free. It often only makes him a more useful slave. Liberty is a curse to the ignorant and brutal.

    Political science has for its object to ascertain in what manner and by means of what institutions political and personal freedom may be secured and perpetuated: not license, or the mere right of every man to vote, but entire and absolute freedom of thought and opinion, alike free of the despotism of monarch and mob and prelate; freedom of action within the limits of the general law enacted for all; the Courts of Justice, with impartial Judges and juries, open to all alike; weakness and poverty equally potent in those Courts as power and wealth; the avenues to office and honor open alike to all the worthy; the military powers, in war or peace, in strict subordination to the civil power; arbitrary arrests for acts not known to the law as crimes, impossible; Romish Inquisitions, Star-Chambers, Military Commissions, unknown; the means of instruction within reach of the children of all; the right of Free Speech; and accountability of all public omcers, civil and military.

    Albert Pike (1809-1891); “Morals and Dogma”

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