- Law Cases
by Sharon Rondeau
(Aug. 1, 2011) — A citizen of Georgia will appear in a Knoxville, TN federal courthouse on August 2, 2011 at 11:00 a.m. for a disposition on his case, which has been ongoing since April 2010. The hearing is open to the public and will be held at the U.S. District Courthouse located at 800 Market Street, Suite 130, Knoxville, TN 37902.
Several weeks ago, Mr. Huff submitted to the court a Motion to Dismiss his federal defenders, stating that they were “ineffective.” Huff reported that the attorneys had refused to file two motions on his behalf dealing with the Second and Fifth Amendments contained in the Bill of Rights to the U.S. Constitution, respectively. Subsequently, the federal defenders filed a Motion to Withdraw, and it therefore appeared that the two parties were mutually agreeable to ending the representation.
Along with his Motion to Dismiss, Huff included the two submissions which his attorneys had not filed with the court.
However, the prosecutor, Mr. A. William Mackie, then filed two motions: a Notice of Past Acts to include the events of April 1, 2010 in Madisonville, TN, during which LCDR Walter Fitzpatrick attempted to place Gary Pettway, the Monroe County grand jury foreman of more than 20 years, under citizen’s arrest, to which Huff had been a witness; and a Motion to Strike the two motions submitted by Huff as part of his Motion to Dismiss.
A citizen’s arrest is legal in the state of Tennessee. Monroe County is located on that state’s southeastern border with North Carolina.
Huff had been charged with “riot” and “intimidation” and pleaded “No contest” on December 1, 2010. He reported that the Monroe County prosecutor, Mr. H. James Stutts, had described Huff as having been “suckered into” the citizen’s arrest of April 1. Fitzpatrick has accused Stutts of corruption and conflict of interest in his case.
Another eyewitness to the April 1 incident, also a resident of Georgia, was arrested but later not prosecuted. Both he and Fitzpatrick have stated that the Monroe County judicial system is thoroughly corrupt with contaminated, hand-picked grand juries and trial juries. Swensson told The Post & Email that the reason provided by Judge Donald P. Harris for ceasing to prosecute was a false statement.
Huff told The Post & Email that Bryan had informed the Madisonville police that Huff had said he planned to take over the courthouse forcibly on April 20, 2010. “He said that; I didn’t,” Huff told us earlier today. An arguably defamatory piece written by Barton Gellman in TIME Magazine described both Fitzpatrick and Huff as “having intended to take over the Monroe County courthouse.” An article written by Jeff Woods on the Nashville Scene website on June 11, 2010 described Huff as an “Obama Birther” and states unequivocally that Huff “says he planned to join a mob of Obama birthers, lay siege to the town and arrest all traitors refusing to indict the president as a foreigner” and that “When a state trooper stopped Huff for traffic violations, he freely admitted his scheme.”
This contradicts the information which Huff has provided to The Post & Email on several occasions. Jamie Satterfield of the Knoxville News Sentinel was the apparent source of Woods’s piece, having reported that both Fitzpatrick and Huff “intended to show up at Fitzpatrick’s April 20 preliminary hearing to seize the town if necessary to free Fitzpatrick and help him carry out his citizen’s arrests.” The same newspaper stated that Huff was a “supporter” of Fitzpatrick and had “pleaded guilty” on December 1 and that “an FBI agent’s affidavit” had claimed that Huff had traveled to Madisonville to “help Fitzpatrick.”
The Monroe County Sheriff’s Department has reportedly described Fitzpatrick as “an eccentric” and “a radical.”
Where are these writers obtaining their information, and where are the court, police, or FBI documents? Where is the initial police report?
Fitzpatrick reported to The Post & Email that when he requested a police report of the April 1, 2010 incident, the clerks at the police station had nothing on file and had to create one after the fact. The report contained false statements and an inaccurate description of Fitzpatrick, stating that he was a woman.
Fitzpatrick was convicted of two misdemeanors on December 1, 2010, served a sentence of more than 65 days, was given six months’ probation and an invoice for court costs totaling almost $5,000 as a result of the events of April 1. He has appealed the two convictions.
A member of The Fogbow website known as P.J. Foggy, whose real name is William L. Bryan, stated in an online posting that he was responsible for the considerable local, state and federal police presence at the Madisonville courthouse on April 20, 2010, the day of Fitzpatrick’s and Huff’s respective arraignments arising from the April 1, 2010 incident. Fitzpatrick has reported Bryan to the FBI, stating that Bryan is “the root of a great deal of criminal mischief.”
It has been reported that Bryan and other members of The Fogbow are part of a disinformation campaign with possible connections to the White House.
In regard to the August 2 hearing, Huff commented that the prosecutor’s filing of his two recent motions “could be an interesting development.”
Update, Aug. 2, 2011, 1:05 p.m. EDT: Mr. Huff contacted The Post & Email following the hearing in Knoxville today. He stated that it was a “non-event” which took about 20 minutes. He was assigned a new attorney, Mr. Scott Green, from Knoxville, with whom Huff will be meeting on August 10, 2011 to familiarize him with the case. Huff reported that today, he and Green had a chance to briefly discuss issues relating to the U.S. Constitution.
Huff stated that the prosecutor, Mr. Mackie, appeared to have no objection to the change in counsel. Huff also stated, “I anticipate another plea deal offer.”
A trial date has been set for October 18, 2011. Huff said that there will be motions filed between now and then as well as hearings on those motions. An Associated Press report erroneously reported that a trial was set for two weeks following Huff’s August 2 hearing.
Tags: Barton Gellman, Bill of Rights, Darren Huff, FBI, federal charges, Fifth Amendment, Gary Pettway, Georgia, H. James Stutts, Jamie Satterfield, Jeff Woods, Judge Donald P. Harris, Knoxville, Knoxville News Sentinel, Madisonville, misdemeanors, Monroe County, Motion to Dismiss, Mr. A. William Mackie, Nashville Scene, Notice of Past Acts, Obama, Second Amendment, Tennessee, The Fogbow, Time magazine, U.S. Constitution, Walter Fitzpatrick, Walter Francis Fitzpatrick III, Willianm H. Bryan