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.