As Judge McCann and the Martin County Sheriffs Office are winding down the the law suit of the erased video tape of D/S Kukuvka aggressively threatening William simply ignoring and denying every thing that comes there way, William will not ever give up on the truth.  Here is a letter to the Sheriff asking for a new Investigation due to new evidence that proves that D/S Kukuvka was back at the MCJ and due to the first video it is very likely he did  perform the the second act towards William and why was the second video erased. The response from the MCSO was to hire a high priced attorney to cover their actions.  Why could they not be responsible and accountable?  

Deputy Sheriff William Crowder

MARTIN COUNTY Sheriffs Dept.

800 SOUTHEAST MONTERERY ROAD

STUART, FLORIDA 34994 

 

Re: William C. Westervelt   IA Affairs Report 09-12

 

Dear Sheriff William Crowder,

 

 I am contacting you today, as the MCSD has not fully complied with the above noted IA inquiry. The MCSD was asked repeatedly over a period of 15 months for specific videos  and specific times.  This request has been partially provided. When I spoke to Lt. Neal, of MCJ, he indicated IA, only requested a specific portion of our request. Fifteen months into the process we received another portion of the requested video, it was blank with the time continuum still counting. To date, with still no an explanation as to the erasing /deletion of the video footage time 7:24:12 through 8:37:06 in the holding/booking area of the Martin County Jail on July 17 2009.  Coincidently, the time in which the second criminal allegation incident/assault D/S Joseph Kukuvka initiated on William Westervelt in the Martin County Jail.

 

 Although, the investigation was signed off as completed on Aug. 27 2009, it was not provided to me until November 24, 2009. Only provided after my persistent efforts to obtain it. Included with the investigated report was a CD with only a partial time frame of the incident. Thus began another bout with the MCSD in order to obtain the missing video footage in which your office refused to comply. Finally, on Oct 28 2010, we were forced to file a Writ of Mandamus, requesting a court order forcing the Martin County Sheriffs Department to comply.  Within a week, my brother William Westervelt, whom is serving time at Desoto C.I. was contacted by telephone by Terence Nolan, Legal Advisor for the MCSD. Terence Nolan explained that a certain portion of the video footage that was requested had been unexplainably blacked out/ deleted. Mr. Nolan would send the remaining portion to me, Victoria Smith. A week later a telephonic conference was set up with my attorney Jeff Gnencko and Mr. Nolan. At which point, Mr. Nolan when asked why the video footage was deleted he stated he could not answer. 

 

  How could this IA report be completed and signed off on by the MCSD IA Department, when the realization of the footage was missing/blacked out? Why wasn’t the information of the blacked out portion of the video footage noted in the original IA investigation? Why was an investigation NOT initiated as to the erasing/deletions of the video footage in the Martin County Jail?  Especially, after your Legal Advisor, Terence Nolan became aware of this serious issue.  Is this not a serious issue for the MCSD to investigate? 

 

At this point we have several requests to The Martin County Sheriffs Department ie: the IA, Records Dept. and Legal Advisor Terence Nolan as for the original request for footage of the quad camera during specific times. Still, the request has not been fully complied with to date. The last conversation Legal Advisor Terence Nolan had with our attorney Jeffery Gnecko, my husband Jerry A. Smith PhD., and William Westervelt in November 2010 was, that he had no explanation for the deletion/black out of the Martin County Jail video surveillance system during the second alleged incident.  As you must know, this is a very serious issue on many levels.  

 

 Attached, you will find another F.S. 119 request on the specifics revolving around the “missing video footage” debacle. 

 

 Since 2005 I have been acting on behalf of my brother William Westervelt. Unfortunately, I have received the proverbial run around up non compliance to coincide with stacks of paper work (some relevant to 119 requests others not) illuminating an unprecedented amount of mistakes, errors and loss of department documents, now all documented.  I will hope to receive relevant answers on the quest for my next round of F.S. 119 requests from your agency before proceeding further on these issues.

 

Sincerely,

Victoria Smith

 

September 22 , 2013

 

 

 

Victoria W. Smith

 

26 Cartway Lane

 

Berwyn, PA 19312

 

 

 

Sheriff William D. Snyder

 

Martin County Sheriff Office

 

Stuart, Fla.  34994

 

 

 

Re: William D. Snyder reply Investigation Inquiry 09-02

 

 

 

It appears your internal review was more about process and not substance. Not withstanding your supposed review by the Director of Professional Standards and the Director of Legal Affairs, how can you dismiss the new evidence that proves D/S Kukuvka return to the Martin County Jail for another booking at 7:30 AM, coinciding with the time of the second assault, while the IA report only covered up to 7:08:25 when Kukukva exited the building for the first time?

 

 

 

The IA report explicitly states Kukuvka left the facility at 7:08 AM, implying he could have not been present at the 7:30 AM event. This is the cornerstone of their conclusion that Kukuvka could not have committed the second offense on William.  With all do respect, you need to direct your investigators to look into the time from 7:08 AM through 8:30 AM.  Video evidence clearly shows Sheriff employees watching the event happen, even though they claim not to have “seen” anything. 

 

 

 

If you choose not to investigate D/S Kukuvka’s activities at or about 7:30 AM, then you are choosing to ignore the evidence in lieu of something else. It is clearly notated in yourarrest affidavits the Kukuvka was back in the MCJ at 7:30 a.m. the time of the second offense on William. Why would you not instruct YOUR Internal Affairs Division to explicitly look at Kukuvka’s activities during a time they claim he was out of the jail? Why would you jeopardize your career as Deputy Sheriff for a fundamentally flawed internal investigation, one that is so easily proven to your constituents?

 

 

 

Your actions now will determine whether you are part of the problem or solution. Up to now, you personally where not involved with the alleged criminal activities that might have occurred on July 17, 2009. However, failing to ignore the significant evidence that has come to light regarding Kukuvka’s activities in the jail could place you squarely in the middle of this ongoing legal challenge.

 

 

 

In Florida, transparency is not up to the whim or grace of public officials. Instead, it is an enforceable right. 

 

— Attorney General Pam Bondi

 

 

 

 

 

 

 

Sincerely

 

Victoria Smith