The Anatomy of a Cover Up! The Anatomy of a Cover Up!

1.    They receive a complaint from victims alleging very serious or criminal misconduct by the MCSO,

2.    They deliberately omit reviewing the most serious allegations,

3.    They treat multiple citizen victims as if there is only one,

4.    They pretend that the violation was not a crime but just a rules/policy violation.

5.    They allow the MCSO employee to lie and then pretend that he was truthful,

6.    They pretend to discipline the wrongdoing MCSO employee by claiming they               reprimanded him,

7.    They promote the wrongdoing Lieutenant to Captain within two months,

8.    They write a false report claiming that they have done a “thorough” and “complete” investigation,

9.    They add that they have taken all the actions necessary against the wrongdoer,

10.  Their report forecloses any further action by the State Attorney and/or the FDLE.

But wait, there’s more,
But you’ll have to look under the rug to find it.

Ira B. Robins                                                     Salvatore Rastrelli
Post Office Box 302                                                        3110 South East Slater Street                       
Milwaukee, Wisconsin 53201                                      Stuart, Florida 34997
414-305-8832                                                                   772-215-1162
irarobins@gmail.com                                     salvatore@rastrelliinvestigations.com

 

 

Investigative Experts” has submitted the following complaint to Governor Rick Scott,  Attorney General Pam Bondi, United States Congressman Patrick Murphy, United States Attorney Ft. Pierce, and 19th District State Attorney Bruce Colton.

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A small victory for William Westervelt!

A small victory was achieved today as the Department of Corrections have approved unanimously that Williams should be moved to a Region 1 or Region 2 Correctional Inst. for his safety..

This validates the fact that there is a threat that lies within Martin County and that the DOC is openminded to suggestions with enough nudging.  William is still in confinement due to the fault the the De Soto CI Warden Lawrence.

William is healing and praying for a safe and responsible environment to work on his current law suites. 

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Why was William Westervelt sent to Martin County when he fears this attempted murder may have connections to this county?

 William is still healing from his attempted murder that took place on January 3rd at DeSoto C.I.. . He is still in confinement for 30 days due to the retaliatory acts of Warden Lawrence of De Soto Correctional.

 William has been moved from Desoto to South Florida Reception Center for the protection of his life.

The person(s) responsible for the actual brutal act of the attempted murder has been caught.  There is still the mystery of who were the instigator(s). We have maintained a theory that the tentacles of this crime could reach to Martin County Florida. William and his family have information and documentation that is pointing in that direction. 

Why might there be suspicion that Martin County Justice might be involved? The erased video of a crime on William from the Martin County Sheriff’s Office, the falsified Internal Affairs report from the MCSO and the refusal to answer the many FS 119 requests demonstrate a violation of the many laws MCSO refuse to acknowledge and uphold upon themselves. Instead of acknowledging any mistakes, wrongdoing or dealing with it they hire a high-priced law firm to represent them in covering their short comings and to crush the opponent.  Relinquishing responsibility and wrong doing.

The the Criminal law suit pending, possess so much damming evidence against several judicial civil servants that would remove there immunity status and could ruin their careers and lives. The only line of defense these civil servants is to make sure this legal information is never brought before the court. Consequently, William has be shut down several times in Martin County, whereas Judge Sherwood Bauer is one of the biggest offenders of this act.  

This blog has been somewhat successful with over 4500 viewers and I think we all can contend that there is bad blood between the justice system In Martin County.

William Westervelt fears for his life especially in Martin County after the unsubstantiated sentencing by the State Attorneys office and the aggressive threats by D/S Kukuvka in the Martin County Jail illuminated by video. 

So is it coincidence that William Westervelt is transferred to Martin County C.I. when there were 19 other institutions available?  

The goal is to make sure that William is safe especially in Martin County until other arrangement can be made.  

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A plea to Sheriff Snyder to reopen erased video Investigation as it is incomplete.

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 AMVideo 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

 

 



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The Sun Herald Reports on Williams Attempted Murder Is Martin County behind this brutal attack?

Thankfully, William is alive and recovering. No thanks to the medical staff and the warden at De Soto Correctional.  Had the Warden and others had heeded the plea’s months earlier by William and his sister this would have never had happened, or would it have happened?  

There is much chatter coming from within the walls that a couple of prison guards (names are being withheld due to investigations)  were given directives by Martin County to dispose of William Westervelt via murder.  Why?  Could it be that Judge Mc Cann and the Martin County Sheriffs Offices are tired of having to break the law to defend themselves on the continued coverup and deflection of the assault that D/S Kukuvka committed on William 3 years ago? The first act was captured on video however,  the 2nd assault that was committed by D/S Joseph Kukuvka on the same day Unfortunately the second video was erased and or blacked out! 

The ongoing waste of taxpayers dollars are being spent at an alarming rate to cover the many illegal acts of Martin County Sheriffs Dept. and the Judicial system. 

William Westervelt’s family has definitive evidence in their possession that clearly shows that Internal Affairs over seen by Lt. Fritchie  did not conduct a full investigation but rather willfully lied on this legal document by omitting the incriminating evidence to suit there narrative of innocence. But how can they be innocent when there is clear information that the second video was purposely blacked out to cover up the actions of the the D/S Kukuvka’s retaliation on William.  Why would they go to great lengths to retreat rather then to respond with honesty and accountability.  

The bigger question is, is there a correlation between the attempt on Williams life and the constant harassment of the Martin County Justices and Martin County Sheriffs Office. How far will Martin County go?  Between the newspaper and the Attorney I know we will find the origination of the premeditated murder plans of William Westervelt.  Please all pray for Williams safety as he is still in danger in De Soto and soon will be transferred who knows where.  We hold Florida DOC accountable and in charge of Williams Safety. 

 

DCI inmate reportedly stabbed
|POLICE BEAT

   An inmate at the DeSoto Correctional Institution was reportedly air-lifted with severe injuries on Friday after being attacked by one or more fellow inmates, but details have not been released.

 

   Misty Cash, deputy public information officer for the Florida Department of Corrections, confirmed that William Westervelt was involved in an altercation with another inmate or inmates Friday. However, because of medical privacy laws, she could not confirm his medical status.

 

   The Bradenton Herald newspaper, however, cited a Bradenton Police Department report stating that DCI asked BPD to help guard a prisoner who was flown to Blake Medical Center in Manatee County after he was cut in the neck by other inmates. The Bradenton paper reported that the prisoner was “jumped by several other prisoners … and they cut his neck long and deep.” BPD, however, could not provide The Arcadian with any report about this incident or any other information.

 

   Although neither DCI nor DOC personnel confirmed any details about the incident, Victoria Smith of Pennsylvania, who said she is Westervelt’s sister, told The Arcadian he had been harassed for several months by some other inmates in a “faith-based program,” and that she had repeatedly communicated with prison staff about it. These individuals, she said, attacked him Friday morning at breakfast and “cut my brother almost from ear to ear.” She said she was told DCI plans to treat the incident as an aggravated assault, although she believes it was an attempted murder. Westervelt’s family is seeking to have him transferred to a different facility in Florida.

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Martin County Justice places William Westervelt on their hit list to kill him in his bed.

On Friday morning January 3rd, Williiam just happened to wake up early before heading to chow(breakfast) on the way to chow he was attached by an inmate with a knife and his neck was slit from ear to ear.  He was rushed and life flight to the hospital where he received emergency surgery and  was stabilized. He was sent back to the infirmary at the Desoto coreectioal against the hospitals recommendations.  

He is now forced to recover in confinement. William has been informed by certain personal that he was supposed to be killed while sleeping in his bed and the directive was apparently given by the authorities that William has been battling for years over the manufactured information by the Martin County judicial system that rendered him gully on aggravated battery on a Police officer to coincide with the Williams accusation and video to prove this accusation of D/S Kukuvka aggressively threatening William. 

Is this what it has come too! The directives from the Martin County good ole boys club  to kill an person that is looking for justice?  This is a warning to all if anything happens to William Westervelt Martin County will be the first place the attorneys will look and with all the information William and the family possesses it will be very easy to target this sadistic group of judges and law enforcement that reign over Martin County. 

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More M.S.C.O. incompetent or Illegal proceedures?

William continues to follow the law and procedures to demand justice from the Martin County Sheriffs Office that has yet to occur.  The assault perpetuated on William by D/S Joseph Kukuvka and the video that would have depicted that assault but was conveniently blacked out erased during that particular day and hour that this crime occurred. This essentially the crux of the story. 

As William and his family continue to delve into the details of why was this video blacked at that the time of the crime, why did Internal Affairs sign off not this investigation knowingly the video was erased, who was in charge of that particular recording, why is Martin County Sheriffs Office not able to answer these questions and lastly, why are they so intent on hiding this information? Sheriff William Snyder continues to approve the spending of thousands of dollars on Attorneys to cover the asses of the guilty civil servants, refusing to respond to FS 119 requests, letters, emails and telephone calls. It is all unbelievably ridicules. They haver circled the wagons and protected their own for the wrongs that have been committed. Shame on them. Are they above the law?

What is so important about these line items from this clerk of the court docket?  Another illumination of what illegal behavior looks like.  On 9/17/13 the same line item as 10/23/13 Summons issued to Jerry Neal etc. was posted on the docket as that was the day MCCC received the documents from William to serve Jerry”Todd” Neal. Jerry Neal is the now retired D/S from M.CS.O. and the D/S who copied the video depicting the second assault on William.  The family finally tracked Mr. Neal down and was ready to have him served before the October 9, 2013 hearing.  Jerry Neal did not attend or respond why? When a family member called the M.C.S.O. to ask why was Jerry Neal not served as you have had the documentation since 9/17/13 the department responded we do not have any paperwork, they never received paperwork from the clerk of the court and do not know what we are talking about.  

The family member called the clerk on 10/22/13. The clerk was adamant that the original documents were processed and electronically sent to the sheriffs dept. as they do that procedure on a daily basis. The clerk who the family has worked with in the past in the civil division is very efficient and professional he assured us this has not ever happened before. As you can see from the line items listed below the clerk was sure to cover himself with the words “handed” to the MCSO.  

Had this been an isolated incident it would understandable that these issues can happen. However, over the 9 years of working with the MCSO in the civil and criminal realm of obtaining different kinds of information. What has been received over the years is incomplete,wrong, duplicate documents, blacked out videos,  important pictures that were labeled non-exsistant but appear 5 years later, lost vehicle storage reports never found,incomplete transcripts,never receiving emails, incomplete and incorrect reports, refusal to answer many FS119 reports, manufactured documents, illegally changed documents and always lots of double talk.   

It appears that D/S Jerry Todd Neal has been served. Now will William ever get to the bottom of the mystery of the blacked out/erased video?

 

 

 

10/28/2013

SUMMONS RETURNED INDIVIDUAL SERVED ON JERRY NEAL 10/25/13 11:05AM:
10/23/2013 CLERK’S NOTES-LEVI- SUMMONS THAT WAS ISSUED ON 9/17/13 ON JERRY NEAL WAS NOT RECEIVED BY SHERIFF OFFICE- RE-ISSUED SUMMON ON JERRY NEAL ON 10/23/13 AND WALKED OVER TO SHERIFF CIVIL:
10/23/2013 SUMMONS ISSUED TO- JERRY NEAL ON- AMENDED COMPLAINT HANDED TO MARTIN COUNTY SHERIFF OFFICE WITH CERTI
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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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October 9, 9:45 Judge McCanns Court Room. Hearing to dismiss Sham Pleadings put forth by Attorney Garrett S. Elsinger

 

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. 

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Judge McCann Protects Sheriffs and Denies Justice

NewImage

The family of William Westervelt would like to take this opportunity to thank all who have given their help and encouragement since the posting of this blog (martincountycorruption.com)

But most recently the anonymous individual(s) in the Martin County Sheriffs Office who made the decision to come forward and release the information that has now led to the obtaining of documents and records that the Sheriffs office had knowingly and intentionally withheld since 2009. All of which are in connection with the assaults that took place in the Martin County Jail against William Westervelt by Martin County Detective Joseph Kukuvka, and later-cover up.

The selfless act of releasing this sensitive information clearly shows that not all personnel at the Martin County Sheriffs Office approve of the criminal and distasteful conduct that has, and continues to take place.

Currently, based on newly discovered material, the family of William Westervelt has made contact with Sheriff William Snyder and requested that he open a criminal investigation into this matter.

 JUDGE JAMES W. MCCANN

As previously stated, a civil lawsuit was filed in 2011 (case no: 11-1406CA) which addressed the assaults that took place in the Martin County Jail, and the later concealment. Previous Sheriff Robert Crowder, detective Joseph Kukuvka, and several other high ranking members of the M.C.S.O have been named  as defendants. After the filling of the lawsuit, Judge James W. McCann was assigned. Several months ago in the blog, the violations of law, and bizarre behavior William has been subjected to at the hands of Judge McCann in his efforts to protect the defendants was reported.

Last month Judge McCann was made aware of the newly discovered evidence that had been withheld by the M.C.S.O and received copies of the documents and reports. This material was introduced to Judge McCann by motion, which is required by law, and is to be used as evidence at trial. Yet to date, Judge McCann refuses to acknowledge it’s existence.

Even more disturbing is the dereliction of duties Judge McCann is now exhibiting by refusing to rule on numerous outstanding motions that are currently before him. Judge McCann’s lawlessness knows no bounds as he has now allowed a motion filed by William against Lt. Jerry Todd Neal to be scheduled months away by attorney Garrett Elsinger who does not even represent him.

Martin County Chief Justice Steve Levin has now been made aware of Judge McCann’s actions and his intervention is hoped for.

Although, this hope is not strong, as Chief Justice Levin has been aware of William plight for years and in fact, 2 months ago actually sent Williams family a letter of condolence. In this letter Chief Judge Levin made a feeble attempt to explain why he is unable to exercise his given authority over the court system he is in charge of and has been elected to oversee.

In closing, it seems Judge McCann despite now having physical evidence in his possession depicting criminal actions in this case, will continue to protect these individuals and deny justice. Thereby partaking in the concealment  of this crime and joining in the ranks if the numerous others. Obviously Judge McCann is under the mistaken belief that his actions will be shielded from justice based on the status of the defendants. 

Currently, efforts are being made outside of Martin County to initiate an investigation and it is the hopes of William and his family that will be held accountable.

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