Judge Jon Kerry Blackwood tries to force a signature from Fitzpatrick before December 1 Trial

“THIS ALL BEGAN WITH A CITIZEN’S ARREST”

by Sharon Rondeau

(Dec. 1, 2010) — On Wednesday, December 1, Walter Fitzpatrick and Darren Huff will be tried in the Monroe County courthouse for the alleged crimes of “Riot; Disrupting Meeting or Procession; Disorderly Conduct; Resisting Arrest; Retaliation of Past Action; and Civil Rights Intimidation” stemming from a citizen’s arrest he attempted on April 1, 2010, which is legal in Tennessee.

A document labeled “A True Bill” was signed by Angela Davis, Foreman of the Grand Jury, on June 3, 2010.  Davis was designated jury foreman for that one day, temporarily replacing Gary Pettway, who has served as foreman for 20+ years.

Fitzpatrick has contended, and The Post & Email has reported with documentation, that a person named Angela Davis served as a petit juror during 2009 and by law, is barred from serving again on any jury until 24 months have elapsed since her last date of service.  When The Post & Email contacted the court about the same person serving during two consecutive years, the response we received was, “Mr. Fitzpatrick didn’t prove that it was the same ‘Angela Davis,'” and “Our jury selection process is fully automated.”

LCDR FITZPATRICK: The news tonight is that once yesterday and three times today, and I was taken into Capt. Wilson’s office at the end of the day, have tried to first, trick me into going and purchasing a suit to wear tomorrow, and today they tried to force me to wear civilian clothes at tomorrow’s trial.

This is really weird.  The fourth attempt that took place this afternoon, which is the time I was taken into Capt. Wilson’s office and Trent Prock was standing there as well, was a court order from Judge Blackwood forcing me to declare, above my signature, that I was either going to accept their offer to go and get clothes from my house or to decline that, and I refused to sign.

I will tell you that this court is doing everything they can to manipulate events, so again, the power of this court is being used to exercise an extraordinary prejudice against me, and that’s why they’re so concerned about me dressed in a suit tomorrow.  I’ll walk in like this.

MRS. RONDEAU: Why would there be an order from a judge for you to give permission to get you a suit?

LCDR FITZPATRICK: They’re scared to death about how this is going to blow up in their faces.  There are going to be a lot of people there tomorrow, I would imagine.  The document was a “court order,” and earlier in the day I was told that they would drive me to my house, and I declined.  I said, “No, I’m wearing what I’m wearing here.”  At the end of this, the jury could come in and say, “No, we’re not going to convict Fitzpatrick.”  It’s up to a jury now.

First they told me that they were going to drive me out to the house and pick up the clothes, and I said, “No,” and then they came back and asked me again, and the third time I said “No,” and then the fourth time they came over with an order from the court that attempted to obtain my signature, checking off one box or another, and I said, “No, I don’t have to sign that.”  They made four attempts because they’re concerned about how I will look like when I walk in.

MRS. RONDEAU: I’ve heard from some people whom I know are going.  However, someone called the courthouse and said he was told that very little information was available but that the public cannot be in the courtroom.

LCDR FITZPATRICK: Tomorrow?

MRS. RONDEAU: That’s what a commenter, said, yes.

LCDR FITZPATRICK: Well, that’s kind-of amazing, isn’t it?

MRS. RONDEAU: Yes, I thought these hearings were open.  The person said he was told that people could attend and could perhaps gather outside in the lobby or outside the building, although I didn’t verify that myself.

LCDR FITZPATRICK: Well, we’ll find out tomorrow.

MRS. RONDEAU: Are you alright?

LCDR FITZPATRICK: Well, you know, it’s another day, Sharon.  You take this one day at a time.  This is a demonstration to everybody who’s watching, and it’s about the Constitution, and we’re seeing exactly how this is playing out.  It seems the Constitution isn’t nearly as important…you know, there’s a talkin’ part, and a doin’ part, so that’s how this thing plays out.  I’ve been in here now for 35 days.  You can’t construct a defense in here; this is all being done with purposeful intent.  This is the power of the government being used against the person who stood up to challenge the government.  And nobody seems to see how important this case is, so there we go.

MRS. RONDEAU: Do you know what time the hearing is tomorrow?

LCDR FITZPATRICK: No, I don’t.

MRS. RONDEAU: They don’t tell you until they come and get you?

LCDR FITZPATRICK: That’s correct.  You can put the attorney’s name out there, and he’s abandoned ship, and that’s OK with me; that’s just the way things go.  We’ll see how this plays out tomorrow.  God’s moving the chess pieces around; we just have to depend on what he’s doing here.  We’ll talk tomorrow.

Of those listed under the heading “Summons for the State,” Darren Bivens has been accused by Walter Fitzpatrick of lying in court “to establish probable cause,” including statements that Fitzpatrick had spit at Bivens and “used foul language,” which Fitzpatrick denies doing.

Detective Travis Jones has been accused by a Monroe County resident of making an attempt on his life.

Foreperson Angela Davis has been identified as a juror on the 2009 pay roster and is currently serving on the grand jury in 2010.  The court has stated that the onus of proving that it is the same person rests with the defendant.

When Fitzpatrick spoke with The Post & Email, he did not know what time the trial was scheduled to begin.