“THEY NEED THIS CONVICTION TO STAND”
by CDR Walter Francis Fitzpatrick, III (Ret.)
(Dec. 29, 2013) — [Editor’s Note: On Thursday, federal prisoner Darren Wesley Huff informed The Post & Email and others that an appeal in his case has been filed and will be heard on January 30, 2014, at the Sixth Circuit Court of Appeals in Cincinnati, OH.
The attorney who will be representing Huff is Gerald Gulley of Knoxville.
Huff was convicted in October 2011 of “transporting firearms across state lines with the intent to cause a civil disorder” after false reports were made to local authorities in Monroe County, TN that he planned to “take over the courthouse” on April 20, 2010.
Initially, the trial jury produced a verdict of “not guilty” on one count and was hung on the second count, but Judge Thomas Varlan instructed them to “try again,” after which the jury pronounced Huff guilty on the one count.
An eyewitness, Bill Looman, who spent all of April 20, 2010 with Huff, provided a sworn affidavit affirming that Huff was not armed after he parked and exited his truck in Madisonville, TN. Looman stated that because would-be observers arriving for the hearing for Walter Francis Fitzpatrick, III that day were barred from entering the courthouse, he and Huff went to a restaurant across the street to have breakfast. Looman maintained that Huff was not where the government claimed he was in order to effect the alleged “courthouse takeover.”
Looman and other eyewitnesses were not called to Huff’s trial, where Tennessee Tenth Judicial District officials perjured themselves, including Gary Pettway, who had served as grand jury foreman for 28 straight years under Judge Carroll Lee Ross. Huff’s public defender, H. Scott Green, did not call Fitzpatrick, Looman or any other eyewitness in Huff’s defense even though Fitzpatrick was physically at the courthouse waiting to be called to testify.
Ross had orchestrated Fitzpatrick’s arrest after Fitzpatrick attempted a citizen’s arrest on Pettway on April 1, 2010 for over-serving his term as a juror according to Tennessee state code. The April 20 hearing was an assignment hearing which Fitzpatrick understood would take only a few minutes.
Following the April 1 incident, Fitzpatrick was indicted by the Monroe County grand jury for having intimidated Gary Pettway, who was identified as “a juror.” Fitzpatrick was also charged with riot, intimidating a juror, and disrupting a meeting. In September of this year, the state of Tennessee clarified that the foreman of a Tennessee grand jury is not a juror, but rather, a court-appointed public employee. However, the foreman routinely votes with the grand jurors as the 13th person, thereby infusing state influence into a process which is expected to be driven by citizens acting as a buffer between government and the people in accordance with the Fifth Amendment.
Tennessee state code requires that 13 randomly-selected individuals comprise a grand jury, not 12 plus a representative of the state’s interests.
Huff was also charged by the Monroe County with intimidating “a juror” for having video-taped the citizen’s arrest carried out by Fitzpatrick. Now, the state of Tennessee maintains that Pettway was not a juror.
In Monroe County, Huff took a plea of “no contest” to the charges, but a federal case was brought against him based on a faulty FBI affidavit signed by Special Agent Mark Van Balen which stated that Huff and Fitzpatrick were armed and had planned to “take over” the Monroe County courthouse on April 20. Van Balen cited unnamed “officials” upon whose statements he relied to produce the affidavit, which served as probable cause for Huff’s arrest and jailing by federal authorities.
Over the last two years, Fitzpatrick has gathered sworn and unsworn statements from eyewitnesses which say that no one in Madisonville was armed on April 20, 2010 and that no clashes with law enforcement were observed, despite the heavy presence of local police, FBI and TBI agents, a SWAT team, bomb-sniffing dogs and Tennessee Highway Patrolmen throughout the area.
Some who attended the hearing but were not allowed in to the courtroom reported being audited by the IRS afterward. This past spring, the IRS admitted to having targeted groups perceived as politically opposed to the regime’s policies. Within the last several weeks, two men who have voiced their objections to Obamacare and the fallout of insurance policies’ cancellation have reported that they are being audited by the IRS.
The Post & Email attempted to obtain documentation on the massive deployment of law enforcement on April 20, 2010 but was denied on several levels in which the government cited “privacy” concerns. The Obama regime had promised “the toughest ethics rules and toughest transparency rules of any administration in history.”
Obama has not explained why the long-form birth certificate posted on the White House website on April 27, 2011 is a forgery. On March 17, 2009, Fitzpatrick had filed a criminal complaint of treason against Obama, naming him as a foreign-born domestic enemy. A criminal investigation has revealed that the image is a forgery, that Obama may be foreign-born and that it is likely that he was not born in Hawaii, as he claims. According to lead investigator Mike Zullo, the fraudulent image was posted “with the intent to deceive.”
Mainstream media have consistently reported that Huff was pursuing a treason complaint or removal of office against Obama, which was false. In a taped interview with The Post & Email in 2011, Huff stated, “That is not my issue.”
After Huff’s trial and just before sentencing in May 2012, Varlan was presented with evidence that several government officials’ testimony had been tainted, but that evidence was ignored. In accordance with the Obama regime’s declaration that Second Amendment supporters are “militia extremists,” U.S. Attorney William C. Killian, an Obama appointee, “commended the verdict and said he hoped it would send a strong message to those who attempt to take the law into their own hands.”
Killian continued, “Under our federal Constitution and statutes Mr. Huff and others like him can talk or write about their anti-government views. They cannot arm themselves and make threats to arrest public officials and takeover government buildings. The core of our democratic system is to allow peaceful protest, but prohibit armed threats to those who serve our government. His conviction is a great achievement by Assistant U.S. Attorneys Theodore and Mackie and several local, state and federal law enforcement agencies. Their cooperative efforts resulted in this conviction.”
Since Huff’s conviction, the corruption of public officials in the Tenth Judicial District of Tennessee has become public:
- One of the officials named as a criminal by both Huff and Fitzpatrick is District Attorney General R. Steven Bebb, who is reported to under consideration to be removed from his post by the Tennessee General Assembly for professional misconduct and possible criminal behavior after the attorney general failed to find Bebb guilty of crimes.
- Contrary to the indictments issued against Fitzpatrick and Huff, Pettway has been officially declared by Tennessee Assistant Attorney General for the Criminal Justice Division, Kyle Hixson, not to have ever been “a juror.”
- Judge Carroll Ross is retiring after numerous incidents of misconduct have been exposed by Fitzpatrick, Huff, The Post & Email, and Appellate Judge Thomas M. Tipton, who reversed Ross’s convictions against George Raudenbush on the grounds that Ross denied him his constitutional right to counsel in 2011.
- The grand juries which have issued indictments against the above defendants and all others over an unknown number of years have been illegally composed of 12 citizens, some of whom were not chosen randomly and served consecutive terms in violation of Tennessee state law.
- Assistant District Attorney General Paul D. Rush, who prosecuted Fitzpatrick in the case now on appeal, has been cited for ethics violations by the Tennessee Board of Professional Responsibility after Rush specifically identified The Post & Email as lacking in “ethics” and “integrity.”
- Fitzpatrick’s defense attorney, Van Irion of Knoxville, has just announced that he is running next year for Criminal Court Judge against Amy Armstrong Reedy, who Fitzpatrick named as a criminal for hand-picking jurors for the 2012 term in open court, a fact Irion presented during the appeals hearing for Fitzpatrick on November 20.
Since discovering massive corruption within the Monroe County grand jury in December 2009, Fitzpatrick has attempted to enlist the assistance of the Knoxville FBI, the TBI, local police, sheriff’s department, and district attorney general’s office, but all have proven either corrupt themselves or unwilling to open an investigation.
The McMinn County grand jury is similarly compromised, with a judge-appointed foreman who exerts influence over the 12 grand jurors but denies that he has engaged in obstruction of justice even when he himself is the subject of a criminal complaint.
Fitzpatrick has attempted to bring the exculpatory evidence relating to Huff’s case as well as the corruption of Tenth Judicial District officials to the federal grand juries sitting in Knoxville but has been blocked by Killian, Magistrate H. Bruce Guyton, and Varlan. Here, Fitzpatrick explains how Guyton was compromised in his actions on Huff’s case and that grand juries at both the state and federal levels have become tools of the government, not of the people.]
Three years ago, I could have walked into a grand jury either at the state level or federal level and talked to some degree about the suspicions we had about the scope and operation of grand juries then, pointing directly at Mr. Pettway and saying “He’s been there for 28 years; there’s something wrong here. I’m willing to work with you folks in the grand jury to get to the bottom of this.” And you know what happened.
Almost three years ago, I tried to get in front of the federal grand jury directly. We knew that that Darren had falsely set up, falsely accused, and falsely arrested. There were two federal grand juries sitting at that time in Knoxville. I contacted the jury coordinator, Helen Spears, who sent me a handbook on the federal grand juries. I sent in a submission on March 16, and I sent a second on April 7.
These were mailed before I got Guyton’s letter. These three mailings were blocked. The 16 March mailing, which was a challenge to the grand juries, was returned unopened three weeks later. In the meantime, I sent in two more: the ones from the 7th of April and 8th of April. Those were not returned; he kept those.
I sent copies of the other mailings to the U.S. attorney and to Richard Lambert, who was the special agent then in charge of the Knoxville FBI.
And the other submission crossed in them mail with his letter back to me saying, “You can’t petition the grand jury directly. You have to go through me, the judge, the court; or you have to go through the U.S. attorney. He wrote that in the letter citing the case of New Haven Grand Jury from 1985.
6 April 2011 H.Bruce Guyton ltr
What’s significant is that H. Bruce Guyton – and I didn’t know it at the time; I found out later – was the sitting judge in Darren’s case. He was making rulings on Darren’s case from the bench. Later on, I thought Guyton was going to be the trial judge, but it turned out to be Thomas Varlan. Darren had issues with the court; he was filing submission to the court, and they were all going to H. Bruce Guyton.
Guyton was preventing me from getting information into the grand juries about Darren and which eventually was about Guyton and other people in the federal government to include U.S. Attorney William C. Killian and Richard L. Lambert from the FBI. As time passes, we have learned more about what happened on April 20, 2010, and I’m still collecting information from people who were in Madisonville that day. It took me a couple of years, frankly. So we’re still putting together a picture from witnesses as to what happened, but I had enough to start a process for the grand juries to take a look at what was going on in the Tenth Judicial District. Guyton blocked me from doing that for no reason. He said, “I’m not going to give you permission; I’m deferring to the U.S. Attorney.”
All these mailings went to Guyton, Lambert and William C. Killian, the U.S. attorney in Knoxville, and they probably just threw all of this information away. Other mailings I sent after that went directly to Killian, and I got nothing back from him. In fact, the only letter I got from his office said, “Don’t send us anything else; it will be thrown away.”
14 JUNE 2013 WILLIAM C. KILLIAN letter
This has been the attitude of the federal government from day one. As time has passed, you know how much information we have come into possession of regarding the Madisonville Hoax, who did what, the perjury at Darren’s trial, the revelation here that is just days old that the grand jury foreman is not a juror. If we had known then what we know now, Darren would not be in a federal prison. One of the ways that we could have known back in the spring of 2011 is if a federal grand jury had picked this up and started asking questions of the people in the local community about “How is it that the law says that a juror can’t be in the jury for more than one term, but the foreman serves multiple terms?” The grand jury could have started asking questions which the appellate court now has asked in my case since. And the state has now come in and they’ve been forced into a position where they have to admit that the grand jury foreman is not a juror.
I believe that if Guyton had allowed me to go forward with what we knew then, the grand jury could have discovered this on their own before Darren’s case ever came to trial. It wouldn’t have taken them long to start calling people into the federal jury room in Knoxville and start putting these people under oath and having people such as Gary Pettway explain under oath how he had been in that job for 28 years in a row. But that didn’t happen, and the reason it didn’t happen was because of Bruce Guyton’s obstruction and that of the FBI and William C. Killian.
The reason we’re talking about this now is that I just learned that Darren Huff has a hearing on 30 January 2014, and we can’t seem to get any of this information into the court that is hearing the case. We’re being obstructed in the same way that Bruce Guyton obstructed me almost three years ago. One of the reasons they want Darren in prison is that they successfully prosecuted him for a “thought crime.”
An article written by Jamie Satterfield three years ago on Friday and updated three years yesterday discusses the rulings that H. Bruce Guyton handed down in the case of Darren Wesley Huff, and they went to whether or not he should be locked up or wear an ankle bracelet. Bruce Guyton is the guy who blocked me from getting in front of a grand jury and talking about the case over which he was presiding.
He didn’t know what I was going to bring to the grand jury, but after follow-on submissions to the U.S attorney, which I made and were not answered, I went to the FBI and met with Special Agent Roxane West for three hours. I met with her, and nothing happened.
If nothing else, it’s important that we get this information out publicly.
Bruce Guyton could have been responsible for Darren’s being released. There was a federal judge obstructing justice.
We had a lot back in the day, and the juries should have called me in, but they did not.
The Post & Email asked Fitzpatrick if he believes there is anyone else who could be approached with the information he tried to present to the federal grand juries, to which he responded:
Darren Huff has an eyewitness to his whereabouts all day long on April 20, 2010 who was not called to the stand in Darren’s defense. Darren was set up by his own defense attorney. I was there to testify on Darren’s behalf. Nobody who could have squared away this jury would have been able to convict Darren, because he was not physically ever at the place where the FBI said he committed a crime that day. If all we have is Bill Looman’s sworn statement, then we have all that we need to get Darren released. We have so much more.
How do we get this in front of a judge for January 30? That is a question I can’t answer.
In going back over this information, I’ve come up with this other fact that a federal judge, H. Bruce Guyton, obstructed Darren’s getting a fair hearing. He could have prevented all of this from happening to Darren then. That’s another dynamic here that the appeals judges need to know about: that a federal judge has committed a crime.
Darren has been locked up as a political prisoner as we’ve said before.
We have this battery of information; it’s a lot, and it’s powerful. We can prove that we knew enough back in the day to exonerate Darren and that we were physically obstructed by the FBI, the U.S. attorney’s office, and by a federal judge who was hearing Darren’s case at the time. That’s pretty big.
We have it in writing that anything I might send to Killian is going to be thrown away. So I tried to go to a state grand jury here about ten days ago to raise up the issue that way, and I was turned away again. You remember my telling you about waiting hours to get in and then having McMinn County grand jury foreman Jeff Cunningham be the one who blocked me from getting in when he’s named in the complaint.
It reminds me of the Soviet Union, Nazi Germany…it’s the government that I was trained to fight against. It is the government that all military personnel are trained to fight against. When they taken an oath to the Constitution, this is the domestic enemy from within. We’re seeing it firsthand. I can’t make it any more plain to people that grand juries have been taken over by the government than to demonstrate to them what happened at the federal level which is the letter that says, “You can’t get in here by any means.” The fact that Bruce Guyton obstructed this and it has never come to the fore to correct the mistake; we’ve tried to get in front of Thomas Varlan to get me in front of a grand jury; Varlan hasn’t cooperated. And now you see where at the state level, the people are not able to critically think through what it is they’re supposed to be doing. Frankly, I don’t know that they know what they’re supposed to be doing. They see a guy like Cunningham and say, “Hey, Jeff, now what?”
That’s the problem we face. We need juries that we can depend upon to stand up and to take back our government. Look at all of the efforts that have been made to get this information in front of a grand jury, and to have done that would have completely cleared Darren a long time. It would have blocked Darren from ever being prosecuted in the first place. This is all being done with purposeful intent.
This information was provided to Scott Green, who did not defend Darren.
The judge who was hearing Darren’s case blocked me from coming in to talk to the grand jury about the case. Darren could have been exonerated. It was as if Guyton was preventing Darren from defending himself.
If all we had was Bill Looman’s eyewitness testimony about Darren’s physical presence that day and the fact that Darren was not armed in Madisvonville, TN, that should have been enough. Nobody who testified that Darren was there that day had to prove that he was there that day. It was all cops who said that, and they committed perjury. They also had Gary Pettway come in and commit perjury by representing himself as a “real grand jury foreman juror.”
Darren’s release is just the first of thousands of dominoes which start to fall when you take a look at the larger picture, and the federal government is doing everything it can do to block Darren from proving his innocence. The people who are involved in the obstruction involves the federal judge who was hearing Darren’s case at the time, who had a conflict of interest in Darren’s case and was ruling on the case after the submissions were sent by me to Guyton, who was involved in this all the way up until Darren’s trial.
Guyton could have let me in. Why didn’t he? Killian could have let me in, and he didn’t. It’s because they need this conviction to stand.
More impediment to a citizen attempting to interact with the judicial “system”:
The panel of judges to hear the oral arguments on January 30th will not be announced until two weeks before the hearing!
So we should probably start the letters to the chief judge at this time. I think cc to Gulley so he knows we are involved and are covering issues which he was “not allowed/directed” to cover. Then letters to the assigned judges when they are known, after the 17th. These cc’s will also let the judges know that Gulley has been advised of pertinent information in this case. Note this is highly irregular and absolutely not admissible. But I am sure it worked with Varlan and we should try it
again.
Here’s the pertinent information:
Ref: Darren W. Huff case #125581 oral arguments in appellate court January 30, 2014 at 0900 hrs.
To: Chief Judge Alice M. Batchelder
540 Potter Stewart U.S. Courthouse
100 E. Fifth St.
Cincinnati, Ohio 452025-3988
The GPS address is the same as above.
In Devvy Kidd’s piece on NWV today she refers to the movie “Open Range” where Kevin Costner tells the complainer who asks what he can do: “You’re men ain’t you?” The complainer says he didn’t raise his sons to get killed, to which Costner replies: “You may not know this, but there’s things that gnaw on a man worse than dying.”
Darren’s hearing is one of those incremental crossroads things where we take an extra large step further into servitude if the state prevails.
I am sure no one will die if they make a stand. To put their name to paper and send it to a judge or stand with Darren in the courtroom will not get anyone killed. But to not make a stand and continue the incessant pecking on a computer keyboard will accomplish nothing.
Walt has nailed the dire circumstances involved in this hearing. If the state succeeds it will hamper the future efforts of all activists, but most specifically veterans.
The state motto in NH is: “Live Free or Die”. That’s what Costner was referring to. Are we there yet? Getting close . . .
DNC Sees Impeachment For Obama On The Marxist Horizon (http://www.trevorloudon.com/2013/12/dnc-sees-impeachment-for-obama-on-the-marxist-horizon/?tm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+NewZeal+%28New+Zeal+Blog%29 )… Arrest or Impeachment just can’t happen too soon for my liking and their list, they forgot the fraudulent birth certificate and the forged selective service registration. Here is a rather interesting site… http://commieblaster.com/obamacrimes/#Anchor-IDENTITY-44591
Wishing TP&E Readers a fantastic New Year !!!
Bari, let’s see your citizenship papers. Oh ohhhhhhhh.
What they have done to Walt, Darren, Wood, Lakin, Butler and all the other Veterans now serves as evidence that our government and especially Democrats really don’t care about its Veterans, America’s welfare and citizens, only their retirement package and the lies they have to tell to make it happen and keep happening. The corrupt that are in there now that are waiting to run out the back door soon will have to face another group of us that will be working on taking away any retirement they have as they have done to all our Veterans and also to be called to courts relentlessly for criminal presentments, investigations, Rico charges, sabotage of America’s military machine, obfuscation, misprision of felony, Judicial Corruption, High Treason, Perjury, Election Fraud And Rigging, Murder To Cover Up Government Corruption, Falsification Of DNC Documents And Vetting Papers By Pelosi/Biden For Obama, Obama’s Installation As POTUS Using Stolen Social Security Numbers, Force Illegal Insertion Of A POTUS Knowing A Dual Citizenship Constitutional Violation Was In Progress, Aiding And Abetting Usurpation By Blocking Judicial Criminal Presentments, Cover Ups Of Stimulus Package Monies, Theft Of Taxpayer Funds, Lying To Congress/Senate/Citizens, Allowing Use Of Taxpayer Funds To Be Used To Keep Obama’s Background/History Through DNC Law Firm Perkins Coie To Further Inside Theft Of Funds And Cover Ups, Etc., Etc. It is so out of control at this point, most people that haven’t followed this usurpation since its inception, will have no clue of what has been happening here since they rely on a Democrat-controlled press and strings of people complicit in this massive scam and fraud. It has shown that we live under a completely corrupted system that anyone working inside can choose corruption, put themselves above the law and do what they want with no fear of accountability or prosecution. We now have a system comparable to the cold war KGB and with a corrupted judiciary, there is no department to turn to for prosecution of government corruption, illegal arrest/imprisonment of Veterans or anyone that would challenge the full-blown corruption that is now rampant for more than 5 years now and no end in sight at this time. Will we see a revolution/uprising/riots/anarchy or just more ignorant people that will only realize when they are being arrested by Obama’s thugs that there is something wrong? There has been no press by Democrat-controlled and filtered news “agencies” on any stories of any of the Vets that have been illegally arrested and given no rights under our Constitution. Are you surprised? It was all contrived long ago by the DNC and they are reaping record profits. Any truth leaked out to the press about their corruption would be devastating to their agenda. Trillions are not enough, destruction of America won’t be enough. The sentence for High Treason is hanging or the death sentence, maybe life in prison. As of this writing, we haven’t seen any prosecutions since all channels are blocked with the judiciary. It’s nice to vote your own pay raises, vote whether you are guilty or not, and crime IS rewarded when you work inside “the system.”
We know from past experience of all the ways we can’t be effective in attempting a “redress of grievances”.
Walt points out that we no longer have access to the citizen’s grand juries on both the state and federal levels. And this is not a unique situation to TN as I have proven on three different attempts and approaches to be blocked in accessing grand juries in Georgia.
I have reviewed the U.S. Attorney’s “manual” for RICO preparation. It reads like the “procedure” for addressing a grand jury, i.e., you must have permission from a panel of U. S. Attorneys to go before the grand jury with RICO charges and of course the grand jury is under control of the U.S. Attorneys, as are the state and county grand juries.
We proved beyond a doubt that the writ of habeas corpus has been suspended when we tried to get Walt before a judge when he was in solitary in Monroe County.
It goes without saying that Darren’s attorney is a place holder until Darren’s appeal process is exhausted. Gulley’s expertise is in traffic tickets. He will be predictably ineffective in oral arguments going up against three U.S. Attorneys, and that, of course, is the plan.
The case worker for Darren’s hearing has informed me that no new information can be entered at this stage and of course it would need to go thru Gulley who is probably under orders not to take any information from anyone supporting Darren; as was the case with Darren’s previous, ineffective PD, Green. I have Darren’s legal POA and Gulley has refused eight attempts to contact him, so this is actually the case.
There seem to be only two weak approaches to supporting Darren’s oral arguments hearing. Varlan seemed to be moved by the personal letters he received at Darren’s original trial, or at least stated so during closing arguments. We should do this again, only in volume. This should be personal, testifying to Darren’s character, stating our opinion of the law he was charged with, etc. and all of that tempered with the unconstitutionality of the whole process that has made Darren a political prisoner.
The other possibility is to make a show of physical support at the hearing itself. This only works in numbers. Darren’s sister and one Oath Keeper attended Darren’s original trial. This is not a show of numbers and didn’t impress anyone other than the federal attorneys who were empowered by the lack of support.
Two things happen in these kinds of “events,” and neither of them will be another staging of the false flag op by the FBI that we saw in Madisonville. If the word gets out on the internet that folks want to stand with Darren in numbers, that in turn will be “leaked” to the press, the press will be in attendance, and the folks will then have access to the press to speak on Darren’s behalf.
This is all very frustrating, but for Darren to lose on appeal will be catastrophic for any future political activists who end up being charged with Orwellian thought crimes. The precedent will be set!
10th District judiciary contacts will be published here when they become available as well as GPS addy’s for the courthouse.