Fitzpatrick Responds to Prosecution’s Motion to Preclude Wearing his Navy Uniform to Court

PROSECUTOR/ACCUSER CONTINUES TO IGNORE 28-YEAR-OLD LAW UNEARTHED AND PRESENTED BY RETIRED NAVAL COMMANDER

by Walter Francis Fitzpatrick, III

(May 31, 2012) — [Editor’s Note:  On May 30, 2012, after telephoning three times, Tenth Judicial District Assistant District Attorney General Paul D. Rush traveled to Walter Fitzpatrick‘s address of record to deliver a motion asking the judge to preclude Fitzpatrick from wearing his Navy uniform to the next hearing on June 28, 2012.  Accompanying Rush were two McMinn sheriff’s deputies in separate vehicles.

The hearing will follow a May 4, 2012 status hearing to which Fitzpatrick wore his uniform and during which Rush stated that someone at the Department of the Navy had said that it “dishonors the Navy under the circumstances.”  The person Rush allegedly spoke with was unnamed.

Fitzpatrick told The Post & Email that the Motion delivered yesterday contained a witness’s signature with the notation “Badge #413,” but he was unable to read the signature.  The document was dated May 25, 2012.  Fitzpatrick filed his defense motions on May 23, 2012 bearing the heading “In the Tenth Judicial Criminal Circuit Court” in acknowledgment of the 1984 laws he discovered which ordered the reorganization of the criminal courts such that county courts would handle civil matters only.]

This is an outrage.  There’s nothing time-critical about this.  We don’t have another appearance until the end of June.  Delivering the letter to me has no consequence.  I’m going to wear my uniform.  The judge has my honorable discharge papers and they can’t stop me from wearing it, and Rush knows that.  This is intimidation writ large.

And by the way, he seems to have forgotten that pesky problem about the county courts and the county grand juries.  They can hold the hearing in a county courtroom and call it a district court; that’s fine.  But the stylings I have say “In the Monroe County Criminal Court.”  In my own filings, I said “In the Tenth Judicial Criminal Circuit Court.”  Judge Kurtz will be the one who will tell us…I gave him the courtesy of calling it a “District Court.”

For Paul Rush to come out with a letter like that…he’s just a weasel.  He’s arrogant, just full of himself.  There’s a motion filed asking Rush to give up the name of the person he allegedly spoke with who told him that I should not wear my Navy uniform.

This is just beyond belief.  It’s a non-issue.  “We’ll be happy to have Commander Fitzpatrick wear his uniform.  We respect his service; 25 years means something, and there’s no reason why he can’t.”  That’s what they should be saying.  I wonder if the judge knows that this is going on.  This had to be delivered today? And with his own armed escort?

We got ’em!

The prosecutors and judges in Tennessee are out of control.  Two sheriff’s deputies…they were coming out to confront me.  This is not how you deal with things in a court case!  This is not the way you do business, but it’s the way things are in Tennessee.  Now another sheriff’s department is involved…McMinn, and it’s all for show.

…and they don’t want me to wear my uniform.  That’s a message for the veterans.  So the uniform is having an impact.  Now we have it in writing that they’ve contacted someone “at the U.S. Navy,” but they don’t name that person.

This is the first response from the state that we have, and the state maintains that this is in a county criminal court.  It was delivered on May 30 – I’ll make copies of these and send them to you – and Paul Rush’s signature is all over the place along with Steve Bebb’s.

They have just affirmed once again the existence of a criminal court that has no criminal jurisdiction at all, which is another accusation and condemnation of the whole system.  And for them to have to deliver this as they did?  It says, “In the Criminal Court of Monroe County, TN…” I can go in now and say, “This court has no jurisdiction if that’s what you’re going to keep calling it.  If we’re not in a district court, you have no jurisdiction.”  The District Attorney General and Paul Rush have just signed off on a document which has been entered into a county court which they now know has no jurisdiction.  They continue to maintain that a county court has criminal jurisdiction.  This is the operation of the judges’ government; it is not the operation of our state law, state constitution, or United States Constitution.  This is the game they’ve been playing for 28 years.

They can’t pretend not to know anymore.  It was filed on the morning of the 24th.  You have copies of the documents that say “The Tenth Judicial District Criminal Court.”  The criminal court of Monroe County does not exist.

We’re onto something really big.

This is an attack on the military and should outrage veterans everywhere.  It just makes what they’re doing here stand out even more prominently. It’s incredible that they would accuse me of wearing the uniform in a disgraceful or dishonorable way after what I’ve done.  I have earned the right to wear it.  You’ve seen the DD-214.  I have earned the right to wear it, and I will.