JOE STEWART’S FIRST AFFADAVIT

IN THE EIGHTEENTH JUDICIAL CIRCUIT COURT FOR

BREVARD COUNTY, FLORIDA

EDNA JANE FAVREAU,

Petitioner,
v
CASE No. 97-9644-CA
WALTER F. FAVREAU,
Defendant.
_________________________________
STATE OF FLORIDA
COUNTY OF BREVARD

AFFIDAVIT OF JOSEPH N. STEWART

After being duly sworn and cautioned, I, Joseph N. Stewart do

state the following under oath:

1. In 1981, when Mr. Favreau first started seeing my

……………mother, my family lived at 120 Moonstone Ct. in ……………Daytona
Beach, Fl.

2. I was in the 5th grade and went to school at Port Orange

Elementary.

3. In 1981, my mother was working for Century 21 Realty and Mr.

Walter F. Favreau did not have a job.

4. Mr. Walter F. Favreau did not have a car. I remember he

would come over and borrow my mother’s car.

5. My mother had her own leased residence at 120 Moonstone Ct.

and that Mr. Favreau did not live with us.

6. When Mr. Favreau alleged in his deposition that he “took

care of [my mother] and her three children at that time” he
was not speaking truthfully.

7. Mr. Walter F. Favreau has written checks out of my mother’s

bank account as early as 1981.

8. When Mr. Walter F. Favreau alleged that my mother was

“domineering” this is not a term I would ever apply in
reference to my mother. If anything, this is a term I would
apply to Mr. Favreau instead. Furthermore, I have never
witnessed my mother being domineering towards him or anyone
else.
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9. My mother was never mean to me and always did things to help
me be a wise person.

10. My mother was not of poor health until she entered the
relationship with Mr. Walter F. Favreau.

11. I took time from work and came to be with my ill mother in
the deposition and also to return the leather jacket
personally to Walter Favreau.

12. Walter Favreau had the jacket in his closet but he had
gained too much weight to wear it so he gave it to me to
wear to my Christmas Band concert in 1988 and I have
pictures of me wearing it that day.

13. I believe Mr. Walter F. Favreau’s claim that the jacket was
not the one he gave me is in fact an attempt to make a
fraudulent claim for the cash value of an ”Italian” leather
jacket.

14. When his attorney Henry Martocci started making racist

remarks about it being a “gook” jacket because it was made
in Korea, I found that comment to be very offensive and a
totally improper remark for a member of the Florida Bar to
make.

15. If Henry Martocci is any example of how attorneys work in

Brevard County Florida, it is a shame.

16. Because of the long trip to come to be with my mother who is

too ill to go alone to the courthouse (as described by her
doctor), it is my belief that because there was no
deposition(that being due to Mr. Favreau’s attorney being so
bombastic and seemingly determined to stop the deposition, it
is my opinion that Mr. Favreau should be responsible for my
expenses on the wasted trip.

17. According to the orders made by the judge my mother was to

be allowed to video for her own personal use all the
depositions and hearings etc.

18. I believe this attempt to prevent her from having a

videotape of the deposition for her own use (as she has
orders from a judge to allow her to) was done to upset my
mother and cause additional expense to this case, and that

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 the attorney Henry Martocci should be sanctioned for doing
that.

19. Henry Martocci changed what the judge ordered regarding the
videotaping when the orders were typed up and that false
statement had to be brought to the judge’s attention and
another order had to be given with the true statement of the
judge.

20. My mother needs this over with for her health’s sake, and
the actions of the attorney Henry Martocci, I believe, are
designed to weaken this disabled woman to a state where she
cannot fight for her day in court.

______________________________
Joseph N. Stewart

JOE STEWART’S SECOND AFFADAVIT

IN THE CIRCUIT COURT IN

AND FOR BREVARD COUNTY
FLORIDA
EDNA JANE FAVREAU CASE NO. 96-9544 CA
Plaintiff
v
WALTER FAVREAU
Defendant
____________________

COMPULSORY JUDICIAL NOTICE TO THE COURT

AND
SECOND AFFIDAVIT OF JOSEPH NEAL STEWART

This Notice to the Court is to state I was assured the

deposition of Mr. Walter Favreau would take place 1-12-98

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 My Mother checked for me before I left South Carolina for
Florida and we were assured the deposition would take place.
Atty Martocci alleges I panned the room with the video and took
pictures of people in the room including the Bailiff (who was
never even present in the room during any part of the deposition!)
This attorney's allegations are simply not true and the video will
show that. This attorney seems to be purposely delaying things
and is unfairly trying to have my mother denied her right (as
given to her by the orders of Judge Jackson) to videotape the
deposition for her personal use. It seems that the attorney is
afraid to have his own actions videotaped, and given the
inappropriate behavior I have witnessed from him (outlined in my
last affidavit to this Honorable Court), I don’t blame him.

My Mother, since she has been married to the defendant, has

declined greatly in physical health and well-being. The level of
stress she is having to face in these situations it seems to me is
orchestrated by the defendant's attorney to make her have a
breakdown before she can complete her judicial actions.

I urge the court to sanction the attorney Martocci for his

frequent deviations from ethical practices, and not overlook his
tactics in this matter; including changing Judge's orders in his
favor when he writes them. (Why attorneys in your State are
allowed to write Judge's orders themselves, is beyond me;

It seems to open the door for "typos" in the Attorney's favor.

I have witnessed the court document containing one of Atty.
Martocci's "typos" regarding where he inserted the word
"professional" into the Judge's orders concerning who would be
responsible for the video-graphy, and the judge immediately had
the order corrected to reflect his actual judgment when that was
brought to his attention.

I also ask the court to guarantee my mother the right to always be

given a large room to have her depositions, or any other meetings
with the defendant and his attorney. It has been shown to the
court long ago that this was needed to accommodate her disability,
yet, when we arrived at the courthouse for the deposition, she was
pushed and ushered into a tiny room, inches away from the person
responsible for her disability and his bombastic attorney, and no
one at the courthouse even seemed to care that the judge had
previously granted that she could have a large room. It is VITAL
to my mother's health that she is granted this accommodation, and
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 anyone who works on the floor where the proceedings are taking
place should be made aware of the judge's orders regarding this
ahead of time. My sister and I have made arrangements for someone
to be with our mother on 3-4-98.

And can anyone explain to me what the problem was at mother’s last
hearing before the Hon. Judge Ed. Jackson, because my mother was
there at 11:20, but the office help- told her the time had been
changed to 3:30 so mother left word where she was going to the Law
Library. When she returned at 3:15, she was told the hearing had
taken place at 11:30 after all.

Please take notice that mother has always wanted to mediate things
but it is Mr. Favreau that dragged her into court and it is he
that will not put any offers in writing (with 72 hours for her to
look over the documents because she has a problem when she is
rushed and panics too many times. This was no problem before, but
now after that man abused and battered her so brutally that he was
sentenced to a year in jail– after he plead guilty (according to
the State Attorneys office records I saw) now rushing her is a big
problem. Signed copy went to the attorney-Thomas
State of South Carolina By____________________________
Joseph N. Stewart

First affidavit was signed and put on record. The second affidavit was
given to my attorney Billy Thomas to be put on record. The affidavits were
also sent to The Florida Bar with my letter, as follows:
________________________________________________________________

JANE’S LETTER TO THE FLORIDA BAR:

When I first turned in my complaint to the Florida Bar something

should have been done then. I have suffered many months of pain
because this attorney has used intimidation and tactics and
mislead the court. On June 6th 2001 Mr. Martocci told the court
lies and again misled the court about me with direct lies and
trickery. I need this investigated and brought to an end.

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It is past time to do something about this mayhem towards Jane Favreau.
Doc. 177 is on record also (Orders showing Martocci was found guilty
of saying inappropriate things to Jane)

It would be justice if the Florida Bar did something right and

investigated this and asked the Florida Supreme Court to grant me
a trial de novo because the proof is in the records that Attorney
Martocci lied to the court in my case. I am elderly and I am not
well physically or emotionally and clearly because my assets are still
with Mr. Favreau and Anna May. I am not well financially. There was
fraud used on the documents given to the court by Anna May Favreau.

The little that is left of my life should not be spent in court due to
the bad actions of a Florida Attorney. I will send this affidavit in
with a formal complaint but things need expedited and you know that as
I know that, I have spent all my life’s saving and 20 years of my life
mixed up with the corruption of the Brevard County Courts.

And the Florida Bar is supposed to be in charge of looking after things

that are done wrong by their members but they do not.

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