Procedure was not followed purposely or business as usual?

Posted on July 24, 2012 by Admin

By the time the hearings had ended neither ASA Nichols, nor Attorney Jerome Stone could provide one single piece of paperwork or evidence pertaining to the Aggravated Battery.

It was also revealed that Judge Larry Shack, who originally sentenced William in 2006, had not inquired into William’s mental state, whether he was on drugs or mediations at the time of the plea. These questions are required by law, and are set forth on a pre-printed form to ensure that a plea is knowingly and voluntarily entered.

Judge Larry Shack was well aware that William had psychiatric issues and was on multiple psycho-tropic medications. Months earlier, when he became aware of William’s mental health issues, he himself ordered a psychiatric evaluation. Incidentally, when the psych evaluation was performed, the doctor went through each and every charge and count 3 and 4 were never mentioned. Why? Because these counts were illegally added by State Attorney Vickie Nichols on the Second Amended information at a later date. As of July 2012. Notary Ms. Melanie Coons whom signed the Second Amended information in 2006 was just sent a reprimand by the Governors Office of Florida, Notary division, for not answering why the date was incorrect on the Manufactured Second Amended information. Yet somehow, these pertinent questions, as required by law, were overlooked.

Judge Larry Shack then went on to use the arrest affidavit as the factual basis in which to sentence William. Review of this affidavit reveals no information pertaining to the Aggravated Battery (car collision). Yet, this affidavit void of information was good enough for Judge Larry
Shack.

It is now apparent, after review of the court record, transcripts and medication records, that while William was suffering the effects of being administered the incorrect dosages of psycho-tropic medications at the Martin County Jail by Armor Medical services , he was led into a plea negotiation by his attorney Jerome Stone. Who after incorrectly and negligently completing the paperwork, simply stoodby silently as crucial procedures were overlooked and William was sentenced to twenty (20) years in prison for an Aggravated Battery no one ever knew he had been charged with, was in fact the victim upon later review, a court record void of documentation and evidence for
that crime.


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Entrapment

Posted on July 19, 2012 by Admin

 By now, numerous officers had become involved and D/S Kukuvka gave the order that William must be apprehended at all costs before he could get to a lawyer or other authorities. D/S Kukuvka personally launched a full scale manhunt for William, using multiple units and K- 9’s, shutting down all radio communications, and setting himself up as the command post.

 By now, William realized what was happening and that D/S Kukuvka was behind it. It also became apparent that if he was caught, his life could be in danger. He was in the mobile home park and knew it was only a matter of time before they found him. Using his cell phone he called 91 I and claimed to be at a nearby bridge and wanted to speak to an officer. This was broadcasted over the radio and the manhunt shifted to the area of the bridge.

 As stated earlier, William was arrested the following morning on November 29, by Sergeant Humphries, and D/S Oates, who without arrest warrants or search warrants, broke into several of the family’s rental units and brutally beat him.

Neighbors later told the family that had it not been for their intervention, they believed that Sergeant Humphries and D/S Oates would of killed William. It was said by Internal Affairs Sgt. Fritchie”he is lucky to be alive”. 

William was now in the Martin County Jail charged with multiple felonies fabricated by D/S Joseph Kukuvka. Paperwork would now be forwarded to the Martin County State Attorney’s Office and the charges would be investigated before prosecution began.

D/S Kukuvka sought the help of Martin County Assistant State Attorney Vickie Nichols. ASA Nichols, who was involved in the last set of charges fabricated by the M.C.S.O., agreed to help.

Conspiring side by side, ASA Nichols and D/S Kukuvka destroyed and concealed reports, documents and evidence. Once this was out of the way they went on to criminally manufacture a series of completely fictitious events, testimony, documents, and evidence to D/S Kukuvka, the M.C.S.O. and prosecute William.

This was easy to accomplish as William was highly medicated, being held in solitary confinement, represented by a Public Defender, and his family was over a thousand miles away. 

In January of 2007, the Honorable Judge Bellanger granted a hearing to address issues pertaining to, the manufactured Aggravated Battery, William’s mental state at the time of plea, and the legality and brutality which occurred during William’s arrest.

The hearing did not commence until June 2009. During that time, the family continued make their request for further documentation.

Through countless hours of research, the family became aware of the M.C.S.O. procedures when impounding a vehicle. These consist of the filling out of forms, diagrams of damage and photographing the vehicle. All of which must be completed prior to impound. To date, after numerous requests, the M C.S.O. claims these items cannot be located.

As the end of 2007, with the hearing looming, and the family’s persistence in trying to obtain the impound documents and photographs, ASA Nichols and D/S Kukuvka were forced to reveal their criminal actions to Martin County Sheriff Robert Crowder, and State Attorney Bruce Colton.

Rather than launch an investigation, and correct the injustice, the decision was made to “circle the wagons” and partake in the concealment of the crimes committed by ASA Nichols and D/S Kukuvka, and further avoid civil litigation.

Their first order of business was to enlist the cooperation of M.C.S.O. Chief Records Clerk, Susan Clonan. The documented criminal and civil violations committed by Susan Clonan over the years are too numerous to list. Susan Clonan not only participated in the criminal manufacturing, and destruction of documents and evidence, but went on to give false testimony under oath during a court proceeding in order to conceal the criminal acts of ASA Nichols and D/S Kukuvka.

Their second order of business was to secure the cooperation of Judge Sherwood Bauer, who had been assigned to preside over William’s hearing. Upon being made aware of the situation and the repercussions if this came to light, Judge Sherwood Bauer agreed to cooperate..

Once again, the documented due process violations and episodes of outrageous conduct that William suffered at the hands of Judge Sherwood Bauer are too numerous to list.

Despite being shown criminally manufactured and forged documents (most of which bare ASA Vickie Nichols signature), exculpatory evidence which had been withheld by the State, medical records pertaining to William’s mental state at the time of plea, and sworn testimony that certain documents and evidence had simply vanished from the M C.S.O., State Attorney’s Office, Clerk of Court, and Attorney Jerome Stone’s office, Judge Sherwood Bauer was not moved.

Even more disturbing was that D/S Lori Kandill, a twenty two year veteran of the M C.S.O., had been fired by Sheriff Robert Crowder within days after being served the subpoena to testify at the hearing. Upon failing to appear, William’s family hired a private investigator to locate an serve D/S Lori Randall a second subpoena to appear. Once located, D/S Lori Randall explained she had been fired by Sheriff Robert Crowder for stating that she planned on testifying truthfully at William’s hearing. She also had been threatened by D/S Joseph Kukuvka, and other members of the M.C.S.O. if she came forward.

D/S Lori Kandill was forced to testify, she appeared in court dirty, disheveled, and crying as she was led arm in arm into the courtroom by ASA Vickie Nichols. Although coerced by ASA Vickie Nichols, who gave hand head gestures throughout her testimony, D/S Lori Kandill still revealed that William had called 911, his car had been hit in the drivers side, and William had been attacked and was bleeding. Throughout her testimony  when questioned about additions to her report she blurted out “It’s Joe’s”‘ (meaning D/S Joseph Kukuvka). Court transcripts available. 

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Aggravated Assult

Posted on July 10, 2012 by Admin

William was able to call 911 and reported the attack. D/S Lori Kandill was dispatched and upon arrival she immediately called for an ambulance, due to William’s injuries. During this time several other Deputies arrived, including D/S Joseph Kukuvka.

D/S Joseph Kukuvka seized the opportunity and located Marie Becker- Smith and Alfred Skillman. Under the threat of arrest, for the multiple serious felonies they had just committed, Smith and Skillman agreed to cooperate with D/S Kukuvka in the manufacturing of events relating to the Aggravated Battery.

This is the incident for which William was later charged with and was currently serving the twenty year prison sentence for.

D/S Joseph Kukuvka was able to intercept the paperwork and photographs filed by D/S Lori Kandall, and made arrangements to meet Smith and Skillman the following night when he came back on duty.

By the following night when he came back on duty, his plan was beginning to fall apart due to the incident in which newly ex-girlfriend Smith claimed William broke into the home early in the morning. In actuality, William was retrieving his belongings as it was the place of his legal residence;
and was once again attacked. This too would later be concealed by the Martin County Sheriff s Office and Assistant State Attorney Vickie Nichols.

It was now Sunday evening and D/S Kukuvka knew that on Monday morning detectives would be assigned the new case and begin their investigation. It would only be a matter of time before the concealment of the Aggravated Battery (car collision) came to light.

In desperation, D/S Kukuvka met with Smith and Skillmanand planned an armed attack on William. D/S Kukuvka explained that in order to avoid arrest for the felonies they had committed during the car collision and attack, they must partake in this plan. He assured them he would take care of everything else.

The plan entailed locating William and brutally beating him. Afterwards they were to call 911, and D/S Kukuvka would be waiting nearby to implement his own manufactured set of events in which Smith and Skillman were the victims of the attack. Smith was aware that William was currently at one of his family’s mobile home rental units. After securing the help of her brother, Joseph Becker; Marie Becker- Smith and Alfred Skillman  drove to the mobile home park in search of William.

William was at his mother’s residence, which was also the mobile home park office, when he heard Smith’s vehicle pull up. William went outside, and immediately Skillman and Becker jumped out of the passenger side of the vehicle brandishing a baseball bat and pipe.

In fear for his mother’s and his life and safety, William was able to fend off the attack by throwing several landscaping bricks. One of which went through the windshield of the vehicle.

Smith began screaming and Skillman and Becker jumped back in the vehicle and fled.

They immediately met with D/S Kukuvka and D/S Biaselli and quickly a new set of events was fabricated and manufactured. Once this was accomplished, D/S Kukuvka had them call 911 and had Becker, Skillman and Becker-Smith claim that while driving down the main road William randomly jumped from behind a tree and threw a brick through their car windshield.

The 911 Operator dispatched D/ S Rebecca Bagley. Upon arriving at the scene, D/S Bagley was met by D/S Kukuvka, who without authorization relieved D/S Bagley of her assigned dispatch and replaced her with D/S Brian Scott. D/S Brian Scott and D/S Joseph Kukuvka went on that night to falsify reports, manufacture and destroy evidence, and later impound William’s vehicle and conceal it in the Martin County Sheriff’ s Office Impound yard for over a year.

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William the victim of the Aggravated Battery

Posted on July 6, 2012 by Admin

The family then contacted the Fla. State Attorney’s Office, Nineteenth Circuit and the Martin County Clerk of Courts and it was learned that Attorney Stone had indeed plead William to an Aggravated Battery involving a car collision.

The family was stunned as they were in possession of all paperwork involved with William’s charges and not one page or word pertaining to a vehicle collision existed. All further attempts to speak with Attorney Stone went unanswered as Stone refused to cooperate.

They then requested the State Attorney’s Office to turn over all documentation used to charge and convict William of the Aggravated Battery. They refused to comply.

A year and a half later, in October 2007 (and only due to an error made by a junior clerk working within M.C.S.O.) a nine page report pertaining to the Aggravated Battery (car collision) was unearthed.

The report was written by Martin County Deputy Sheriff Lori Kandill. Upon review of the report it became apparent that someone within the M.C.S.O. had later added pages to this report. Incorrect dates, identification numbers, additions to statements, and page renumbering by hand, were just some of the inconsistencies present.

Most disturbing was that the report listed William as the victim of the Aggravated Battery in which his attorney Jerome Stone let him plead out to, and William was currently serving twenty years for.

Over the past five years, since obtaining the mistakenly released report, the family has fought tirelessly with Martin County Authorities and agencies locating further information. Finally, based on newly discovered documents, reports, sworn testimony, and evidence now obtained, the following story has now been uncovered, and revealed.

Eight months prior to the charges William was currently incarcerated for a series of events that took place involving a Martin County Deputy Sheriff Joseph Kukuvka.

In February of 2004, an incident took place in which William was falsely arrested by Martin County Deputy Sheriff Joseph Kukuvka. D/S Kukuvka enlisted the help of other members of the Martin County Sheriff’s Office to assist him in the manufacturing of the falsified charges. Due to eyewitnesses who later came forward, the truth was uncovered and the falsified charges were quietly dismissed. Enraged, D/S Kukuvka and other members of the Martin County Sheriff s Office began harassing William.

Several months later, in August 2004, William was once again arrested by the Martin County Sheriff’s Office on falsified charges. Shortly thereafter, these too were quietly dismissed.

Finally, in November, William and his girlfriend, Marie Becker Smith, who lived together, began to argue. It was during this period, on November 28th at 1:OOam that Smith, in a drunken, drug induced rage, rammed her vehicle into the driver’s side of William’s vehicle. Upon exiting the vehicle, William was attacked by Smith and Alfred Skillman (a known drug addict and street dealer), who was in the car. While William struggled with Skillman, Smith struck William several times on the head with a car jack. Smith and Skillman immediately fled the seen leaving William semiconscious and bleeding from the head wounds.

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Led to a plea of 20 years for a crime he did not commit.

Posted on July 6, 2012 by Admin

In January of 2006, one of the powerful psycho-tropic medications William had been prescribed, Haldol, was abruptly discontinued without warning. And later, in March, an incident occurred in which the jail medical department administered William the incorrect dosages of one of the most crucial mind altering psycho-tropic medications, Depakote (Valporic Acid), causing multiple psychiatric symptoms to arise.

After several weeks of receiving the incorrect dosages, William was taken to court and led into a plea of twenty (20) years state prison-by his attorney Jerome Stone.

Upon learning of William’s sentencing, the family contacted Attorney Stone, who stated after extensive review of the facts, evidence, and the possibility of William receiving a life sentence, he felt it was in William’s best interested to take the plea. Although, extremely upset, the family trusted Attorney Stones judgment.

Shortly after the sentencing, William was transferred to the Dade County Jail in Miami, due to a probation violation. Upon arriving, he was immediately seen by the psychiatrist, who upon review of William’s Martin County psychiatric file, discovered the error in dosages made by the Martin County jail Medical Department. The dosages were immediately corrected and after a week William began to regain some control of his thoughts.

It was during this time that William began to recall some of the events during his sentencing in Martin County and he believed he had been sentenced to twenty years for an incident involving a car collision. The problem was that he had never been charged with a car collision. But his mind was still very hazy and he was still unsure and confused.

William began to call his family and tell them about his belief he had been sentenced for an incident involving a car collision.

Due to William’s past, and the fact that he had just received twenty years incarceration, the family believed he was once again experiencing psychiatric problems and possibly having a mental breakdown. But he continued to call them daily pleading with them to at least verify it.

Finally, in order to calm him, they contacted Attorney Stone and asked what charges William plead out to.

Attorney Stone informed them that it was Aggravated Battery. When asked what the facts were surrounding that charge Attorney Stone was unable to given an answer. When pressed further, Stone became hostile and hung up.

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In the Beginning

Posted on July 5, 2012 by Admin

On November 29, 2004, William Westervelt was arrested by the Martin County Sheriff s Office (M.C.S.O.) numerous serious felonies. According to reports filed on the morning of 11/28/04, William broke into the home of his ex”‘girlfriend, Marie Becker Smith, and threatened her life.He was charged with Attempted Murder and Armed Burglary. Later that evening Marie Becker Smith claimed while driving to a convenience store William jumped from behind a tree and threw a brick into the windshield of her car. He was charged with Throwing a Deadly Missile into a Vehicle. The following the M. C.S.O., without a warrant for arrest, or search warrant, began breaking into William’s family mobile home rentals in search of him. He was located and allegedly attacked the Sheriff Deputies. He was then charged with three counts of Battery on Law Enforcement, one count Resisting with Violence, and one count Attempting to Relieve an Officer Protection.

During the arrest William was brutally beaten by the officers, which required him to be rushed to the Martin Memorial Hospital Emergency Room. After receiving treatment, William was booked into the Martin County Jail and placed in Medical.

Within days William was seen by the jail’s psychiatrist and prescribed powerful psychotropic medications and tranquilizers consisting of Haldol, Trazadone, Depakote, and Prozac. He was then placed in solitary confinement and shortly thereafter became incoherent.

Thirty days after William’s Arrest, State Attorney Vickie Nichols, who had been assigned the case, she filed three additional charges against William. Two counts of Aggravated Battery, and one count of Attempted Murder. There were no facts or information given on the arrest report, only that State Attorney Nichols filed these charges on her own.

From the onset, William`s family, who lived in Pennsylvania, were aware of his arrest and the charges being made against him. William began calling his family and claimed that although the incidents took place, the versions/accounts reported by the M C.S.O. and Marie Becker Smith were not true. The family was unsure what to believe and as time went by William’s thoughts and speech became confused and incomprehensible due to the psychotropic medications being administered. Concerned, the family contacted jail officials, and the Medical Department, who assured them that William was being monitored closely, and the symptoms were only temporary.

The family began contacting William’s Public Defender, John Heatherington, whose incompetence and misconduct reached immense proportions during the three months he handled William’s case. Finally they were forced to contact his Superior, Diamond R. Litty, Public Defender. 19th Circuit Public Defender’s Office. Diamond Litty did in fact have him removed from William’s case. In October of 2005, Attorney Jerome Stone of Stone & Capobianco, P.L. 219 SE Ocean Blvd Stuart, FL 34994 was appointed.

William had now been incarcerated almost one year and during that time the family became aware of many alarming inconsistencies and discrepancies pertaining to the M.C.S.O.and Assistant State Attorney Vickie Nichols version of events, and evidence being presented. Attorney Stone was given all the information the family had acquired, and the names of the witnesses. Attorney Stone promised the family he would have everything checked into.

The story has many twists and turns and daily posts will be detailing this journey adding more facts and fury. Please follow.

 


Posted in Diamond R. Litty, Jerome Stone, Vicki Nichols | Tagged , , , , , | Leave a comment

Crowder lies about what he told NAACP

Posted on July 4, 2012 by Admin

Robert Crowder continues to lie about all sort of things. In this article by Kathleen O’Brien, Fort Pierce, she highlights how he continues to deceive event the NAACP.

Check out this great story.

Posted in Reference Articles, Robert Crowder | Tagged , , | 1 Comment

The Corruption of Absolute Power

Posted on July 1, 2012 by Admin

Once again, the maximum that absolute power corrupts absolutely rings true in this account of how justice became cross’-threaded in Martin County, Florida. Checks and balances of established procedures have been manipulated by those sworn to uphold the very core of liberty and justice. As each law enforcement, judicial and government agency becomes aware of the Martin County injustice and criminal acts, they too participate in the continued concealment. Deniability is a security where exposure will amount to criminal indictment, civil liability, and termination.

This forum, which has assisted in the changing of governments, presents now, the opportunity for each reader to participate by becoming the light from which this corrupt darkness cannot flee.

The claims made herein, as outlandish as they may sound, are all backed by documents, reports, sworn testimony and evidence. Which has taken six (6) painstaking years to obtain, and countless thousands of dollars.

What started as a vendetta, and later conspiracy between Martin County Deputy Sheriff Joseph Kukuvka and Martin County Assistant State Attorney Vickie Nichols to charge, and prosecute William Westervelt, has now become a full blown scandal involving Martin County Sheriff Robert Crowder, Martin County State Attorney Bruce Colton, and numerous departments and individuals within the Martin County Sheriff’s Office, State Attorney’s Office and Judicial System.

Elected and Public Officials enjoy what is called Qualified Immunity. One of the benefits of Qualified Immunity is that they cannot be criminally prosecuted for certain offenses. Although the range is broad, there are certain crimes and instances when Qualified Immunity does not apply.

Based on extensive research, and evidence, that is currently in the possession of William Westervelt, and his family, Sheriff Robert Crowder, State Attorney Bruce Colton, several high ranking Martin County Officials, and their subordinates, are not entitled to claim Qualified Immunity, and are subject to criminal prosecution, and civil liability.

These individuals are well aware of the penalties they face if these documented atrocities are brought to light, and have already gone to great lengths to conceal them.

The power they wield is enormous, and their tentacles are long, and far-reaching. So far, they have been able to thwart every attempt by William Westervelt, and his family to seek justice.

The family’s attempts, while climbing Florida’s ladder of corruption, have finally taken them to departments within the Governor’s Office. Sadly, these too partake in the concealment.

With nowhere left to turn, the family turns to you, the public, and asks for your help. After reading this account of events, it is their hope that you too will be outraged and feel compelled to participate in exposing these corrupt officials, and the degenerate offices they oversee.

The story has many twists and turns and daily posts will be detailing this journey adding more facts and fury. Please follow.

Posted in Background | Tagged , , , | 3 Comments