U.S. Navy Fails to Respond about Fitzpatrick Court-Martial

COULD CRIMINAL CHARGES BE FILED?

by Sharon Rondeau

Walter Francis Fitzpatrick, III was court-martialed for a crime which he insists he did not commit and for which he maintains that a signature purported to be his remains on file with the U.S. Navy. The Navy has refused to respond to our inquiries.

(Aug. 13, 2012) — The Post & Email has published a series of articles on the court-martial of Walter Francis Fitzpatrick, III which he claims was contrived to ultimately terminate him from the U.S. Navy.  Although court-martialed in 1990, Fitzpatrick received an honorable discharge in 1994.

Fitzpatrick contends that the military system of discipline does not mete out justice because a grand jury of one’s peers is not utilized to scrutinize the evidence against the person charged.  Fitzpatrick told The Post & Email that his court-martial was “rigged from beginning to end” and that he was found guilty before the trial began.

The allegation against Fitzpatrick was that he had stolen money from the U.S.S. Mars’s Morale, Welfare and Recreation (MWR) fund to buy personal items, which Fitzpatrick denies to this day.  He stated that the log of monies spent from the fund disappeared prior to his court-martial and as far as he knows, has never resurfaced.

Fitzpatrick has maintained that a “confession letter” bearing his misspelled name without the generation number “III” which he always uses was signed by someone other than him.  He has named Kevin Anderson, who acted as his defense attorney, as the person who forged his name to the document.

None of the principals involved in Fitzpatrick’s court-martial were willing to speak on the record, including Adm. John Bitoff and Kevin Anderson.  Last week, we attempted to contact Timothy Zeller by leaving a message at his home.  Someone from that number returned our call about an hour later but did not leave a message.  When we called the number back, a man answered the phone and told us we had the wrong number.  However, Fitzpatrick had received the number for Timothy Zeller from directory assistance just a few days prior and had tried it himself.  Fitzpatrick said that Zeller has lived at that address for many years.

Fitzpatrick described Zeller as Bitoff’s “heavy lifting guy” and believes that Bitoff wanted him out of the Navy for political reasons.

Fitzpatrick has related that when the NCIS began to look for his court-martial record, it was not found in a file, but rather, in a closet in the office of a man named Ricky Stutzel.  Fitzpatrick said that Stutzel had “checked out” the record of court-martial and “had never returned it.”

According to Feres v. United States, decided by the U.S. Supreme Court in 1950, a military member cannot sue the U.S. government for injuries incurred while serving, although an online poll shows a strong sentiment toward overturning the decision.  Fitzpatrick has the option to file a criminal lawsuit regarding the forgery of his name to the confession letter, and there is reportedly no statute of limitations.  The NCIS has stated in writing that if the signature on the letter is proven a forgery, the court-martial will be nullified and it will “make the Navy look really, really bad.”

On April 18, 2012, The Post & Email sent a letter with enclosures to Admiral Jonathan W. Greenert, Chief of Naval Operations for the U.S. Navy, regarding the court-martial of Walter Fitzpatrick.  We never received a response.

On July 22, we sent the following email to the media inquiry address for the U.S. Navy:

From:  Sharon Rondeau
Sent: Sun 7/22/12 11:45 AM
To: ncispublicaffairs@ncis.navy.mil

Good morning, and please accept my condolences on the tragic murder of two members of the U.S. Navy in Colorado on Friday morning as well as another military member.

I run an electronic newspaper, The Post & Email, which covers corruption in government.  Over the past two years, I have been communicating with LCDR Walter Francis Fitzpatrick, III (Ret.), who was court-martialed in 1989.  To this day, Fitzpatrick maintains his innocence and claims that a confession letter placed in his file bears a signature that is not his.  Indeed, the handwriting is markedly different from Fitzpatrick’s; the generation number “III” which he always uses is missing, and the last name is misspelled.

LCDR Fitzpatrick has sent me in hard copy a voluminous amount of material which raises questions about several former Naval officers involved in the court-martial, which I am told is the “most reviewed” court-martial in U.S. military history.  Fitzpatrick had been nominated for the Meritorious Service Medal and was literally on his way to the Navy War College in Providence when he was advised that he was accused of stealing and misusing money from the USS Mars’ MWR fund.  The accusations followed the death of another brave man, Capt. William Edward Nordeen, who was killed by a terrorist car-bombing in Athens, Greece, in the line of duty, on June 28, 1988.

Two months ago, I wrote to Admiral Greenert requesting a review of Fitzpatrick’s file but received no response.  I have contacted and spoken personally with two of the people named by Fitzpatrick, Adm. John Bitoff and Kevin Anderson, Fitzpatrick’s defense attorney.  While both were willing to talk, neither would go on the record.  Fitzpatrick has openly accused Anderson of forging his name to the confession document.  Others named as accomplices are Capt. Paul Romanski and Tim Zeller.

In my letter to Adm. Greenert, I included a copy of a report from a private handwriting analyst whom Fitzpatrick had hired to analyze the signature on the confession letter in which the analyst said that it was “likely” that Fitzpatrick did not sign the letter.

All of what I say is well-documented here:  http://www.thepostemail.com/?s=Fitzpatrick+court-martial+Bitoff+Anderson+Zeller&x=0&y=0

Although the court-martial occurred more than 20 years ago, justice should be served if it was denied.

I would like to request that LCDR Fitzpatrick’s file be reopened for examination.  If I need to submit a formal Freedom of Information Act request, please advise to whom it should be directed.

In my view, our country is currently in deep peril as a free nation, and corruption within our government, whether it be within the legislative, judicial, executive or military, needs to be exposed and scourged.  Corruption robs the people of their liberties regardless of where it is found.

Thank you very much in advance for your response.

Sharon Rondeau, Editor
The Post & Email
www.thepostemail.com
P.O. Box 195
Stafford Springs, CT  06076
Phone/Fax:  203-987-7948

We received no response.

This morning, we sent another email to the same address:

Good morning.  On July 22, 2012, I sent a request to have the file of the above U.S. Navy retiree reopened to examine whether or not the “confession document” contained in the file has a forged signature.  I have not received a response from you.

I have independently contacted the three principals involved in the court-martial:  John Bitoff, Timothy Zeller, and Kevin Anderson.  None would go on the record, and one would not even admit that he was the person answering his own phone.  As a journalist, I must say that after a lengthy review process, the evidence is strongly in LCDR Fitzpatrick’s favor.

Do I have to submit a Freedom of Information Act request to obtain the contents of the file?

Since the Navy has never admitted independent scrutiny of the file nor fully investigated the matter itself, I plan on publishing a book about Fitzpatrick’s allegations of the forgery of his signature and the way in which the court-martial was carried out.  I already have the NIS memo which stated that if the forgery were to be proven, the whole court-martial would be undone and it would “make the Navy look really, really bad.”  I have sent a copy of that memo to Admiral Greenert, whose office also did not respond.

The Post & Email’s purpose is to uncover corruption in government so that the people may know what is being done with their taxpayer dollars.

Thank you very much for your assistance.

Sharon Rondeau, Editor
The Post & Email
www.thepostemail.com
203-987-7948

Fitzpatrick has told The Post & Email that he had to submit a Freedom of Information Act request to obtain the contents of his own court-martial file, which took many months to arrive.

Update, September 3, 2013:  After a lengthy interview with Maj. Ricky Stutzel (Ret.), it became clear that it was routine for Stutzel’s office to check out courts-martial files.  It also is no longer clear that Fitzpatrick’s court-martial file was found in a “closet,” as Stutzel said there was a common area, but not a closet, where courts-martial records were kept which were under review.

 

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7 Responses to "U.S. Navy Fails to Respond about Fitzpatrick Court-Martial"

  1. LoveToCompost   Tuesday, August 14, 2012 at 9:12 PM

    Thanks for your sobering story, and your rousing call to any and all retired or active duty Naval officers who can see a way to restoring justice for LCDR Walter Fitzpatrick III, and integrity for the Navy.

    I have to trust that, despite the seeming prevalence of so many corrupt and self-serving officers who callously ruin the lives and careers of decent subordinates in order to hide their errors or crimes, somehow almighty God will always brings about justice in the end.

  2. LoveToCompost   Tuesday, August 14, 2012 at 8:52 PM

    Sharon,

    You’ve written another superb article on the fetid abuse of judicial and police power, not in some inner city jungle like Chicago, but in a rural, back-country, area of Tennessee, for God’s sake, where one would think that elected official would possess an inherently strong fear-of-the-Lord to act rightly and in line with their oath of office!

    I like how you present information in a classic journalistic manner: sticking to the facts without embellishment. Your simple, straightforward approach makes your case all the more convincing.

    It’s been a while since I donated to Walter’s defense fund. Is it still up and running? The last information I had about it is this:

    Account Name : Walter Fitzpatrick III Justice Lawsuit Fund
    Trustee : C/O Michael Lermen
    Address : P.O. Box 9853, Fountain Valley, CA, 92728

    Many thanks to Michael Lermen for getting it going. If anything has changed, please let us know.
    ——————–
    Mrs. Rondeau Thank you, Oscar, that is what we believe we do differently at The Post & Email: no commentary, opinion, or speculation in a news article. The fund is still open. Please watch this site and the Facebook page for a big announcement in the coming days: http://www.facebook.com/pages/Free-Lt-Cmdr-Walter-Fitzpatrick-From-The-Thugs-In-Monroe-County-TN/156188401089346

  3. meyerlm   Tuesday, August 14, 2012 at 2:07 PM

    “ROGER, THAT!!” Any Ideas as to how we might do something to help??
    USN Sn#~535-03-66

  4. gigclick   Monday, August 13, 2012 at 11:46 PM

    I had a Navy friend that was an AD/ADJ (engine mechanic jet and reciprocating) and was working on an aircraft, a fuel fitting became crossthreaded in a difficult location, the part was placarded, the cockpit also was placarded for “fuel line on order, Do Not Start Aircraft”. An officer came out, ordered the placards removed, ordered fueling of the aircraft, started the aircraft, fire ensued, he disobeyed orders and left the aircraft running while he ran from the aircraft, the plane was heavily damaged, he ordered a court martial of my friend who was not responsible, tried to blame him for the entire scenario, my friend had a nervous breakdown, divorced his wife and eventually left the Navy. He was one of the best and the most disciplined AD/ADJ’s that I could have known. Embarrassing? You bet. The Navy should have taken that one to another level and done a complete investigation and found the officer guilty, not the man that followed orders and installed placards at all appropriate locations that should have been followed and should have investigated with maintenance control before doing ANYTHING with that aircraft. It all depends on who is in charge and the Chain Of Command and whether you have a GOOD or Bad group of people in that Chain. The performance and quality of life in that group under command influence will show if Chain Of Command is good or bad, so will re-enlistment of officer and enlisted. There is always a gauge but not always a measure. Rocks and Shoals for those that do not follow Naval Tradition and poison for the souls of evil leaders, they only damage Naval Tradition and it’s members. The Navy was my mother and I will always honor her, but will curse the men that abuse her and abuse the members that serve her well. Walt’s case needs to be opened. Any Naval brother officer or enlisted that may read this that can possibly help Walt be cleared of this should step up and take charge. The Navy also needs to be cleared of this by looking into Walt’s records and repairing the damage done on both sides. The Navy has a hard enough time running itself and keeping up with all the changes and regs than to keep things like this running along side yelling for help, the life preserver needs to be thrown, all engines stop and get to it smartly. Get it over with and heal the wounds. It only takes one officer to start the orders to get it moving. Come on Navy, you’re better than that, you have too many brothers out here that know how many good men are there, we stand with you at all times. Step up for one of our brothers, man overboard, take Walt back for a short time and fix what is wrong. He gave over 20 years and it is not right what has been allowed. Give the orders to fix it! Will the Real Navy please stand up for a good man and Officer. Walt stood up for you and the Constitution, now you need to come forward and protect a fellow sailor. The SEALS practice “no man left behind”, what’s the holdup? Standing by to stand by.

  5. phrowt   Monday, August 13, 2012 at 2:22 PM

    It pains me that the oath is so loosely applied in today’s military. No wonder the words “so help me God” are wanted to be removed. Maybe they don’t think they will answer for their treachery someday.

  6. Rick Johnson   Monday, August 13, 2012 at 2:20 PM

    Sometimes it feels like we are charging windmills.

    Thank you for keeping up the fight.

  7. Drew   Monday, August 13, 2012 at 1:31 PM

    Sounds like the guilty can’t and wont justify their own actions that are in the record. I’m ashamed of these people who claim to be Naval Officers.

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