HAS KURTZ JUST CONFIRMED THE TYRANNY OF THE TENNESSEE JUDICIARY?
by Sharon Rondeau
(Dec. 3, 2012) — The Post & Email has learned that following a trial which lasted approximately seven hours, a jury in Monroe County, TN voted to convict Walter Francis Fitzpatrick, III of “tampering with government records.”
However, Judge Walter C. Kurtz did not allow Fitzpatrick’s defense attorney, Van Irion, to present either of two defense strategies he had prepared. An eyewitness informed The Post & Email that only the prosecution’s side was heard.
The prosecution presented its case and called witnesses, one of whom was Fitzpatrick’s former landlady, Helen Thurston. At one time, Thurston had told The Post & Email that she could not have had a better tenant in Fitpatrick, but today she stated that Fitzpatrick had “bragged” to her about stealing the documents in question from the courtroom on December 7, 2011.
The proceedings concluded at about 5:00 p.m. An eyewitness said that the jury took 7-8 minutes to retire from the courtroom and vote to convict. The sentence was pronounced by Kurtz to be 11 months, 29 days in jail but suspended to 20 days in the Monroe County jail with community service thereafter.
Fitzpatrick has uncovered widespread, institutionalized corruption within the Tennessee judiciary, particularly in the Tenth Judicial District, which was reported to be under investigation for alleged misconduct beginning in late August.
Earlier on Monday, an eyewitness had believed that the trial might be continued into Tuesday. The Post & Email was reportedly a significant topic of discussion by Assistant District Attorney Paul D. Rush, who the observer said has returned from a leave of absence. Rush has had several ethics complaints filed against him, one of them from this writer.
Kurtz has worked at the appellate and state levels, having officially retired in 2008. Tennessee’s judicial branch has shown itself fraught with judges guilty of misconduct and bias. The grand juries and juries who regularly issue indictments and convictions, respectively, are forbidden by law to allow members to serve consecutive terms, although Fitzpatrick has demonstrated that jurors often serve from one year to the next.
Grand jury foremen often serve for decades at the behest of a judge, which Kurtz has stated presents no challenge to the grand jury’s objectivity. The grand jury foreman in Fitzpatrick’s most recent case stated under oath in October that she is working without an appointing order.
Public corruption in Tennessee affects all branches of government, as the legislature has refused to address the judicial corruption; the judges deny defendants their constitutional rights; rules are made and broken on a whim to benefit the government’s case; and defense attorneys are not permitted to defend their clients. The number of people convicted under such conditions presently serving time in jails and prisons is unknown. Governor Bill Haslam has refused to take action, despite numerous reports of wrongdoing on the part of sheriffs, judges, court clerks, jailers and deputies.
Fitzpatrick has stated that judges in Tennessee are “running their own government” outside of constitutional authority. The U.S. Constitution, Bill of Rights and Tennessee constitution were written to protect the rights of citizens from an overzealous government. The Fifth Amendment states that a grand jury must issue a presentment or indictment before a person can be charged with a “capital” or “infamous” crime.
Lt. Col. Terrence Lakin, a former Army flight surgeon, was denied the opportunity to mount a defense at his court-martial in December 2010, after which he spent five months at Ft. Leavenworth for having questioned Obama’s constitutional eligibility to serve as president. Fitzpatrick has filed numerous treason complaints against Obama since March 2009. Other citizens have also accused Obama of treason against the United States of America.
Lakin was discharged from the Army in 2011 after forfeiting his pension, pay and other benefits to question Obama’s eligibility. To date, no citizen has been allowed to obtain discovery into Obama’s background and documentation, despite a law enforcement investigation which stated that his long-form birth certificate and Selective Service registration card are forgeries.
Military tribunals could replace civilian trials in the U.S. if the government becomes too powerful and the Constitution is ignored, according to Fitzpatrick.
Last May, Fitzpatrick discovered laws passed in 1984 by the Tennessee legislature which had ordered the criminal courts to form districts comprising several counties in most cases, but the statute was never implemented by the judiciary.
It is our understanding that the sentence will not begin until after an appeal is filed next month.
“It is not only [the juror’s] right, but his duty…to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” — John Adams, 1771