9:00 a.m. Fitzpatrick Hearing Postponed until 10:00 a.m.

AND NO AFTERNOON HEARING?

by Sharon Rondeau

(Jun. 16, 2014) — The Post & Email heard minutes ago from an attendee at a scheduled hearing in the case of State of Tennessee v. Walter Francis Fitzpatrick, III, 14-CR-69, who informed us that a 9:00 a.m. hearing on a Motion to Quash Subpoena filed by Atty. Michael E. Jenne, on behalf of Athens Federal Community Bank, has been postponed until 10:00 a.m.

No reason for the postponement was immediately available.

Jenne filed the motion on Friday afternoon on behalf of Athens Federal Community Bank President & CEO Jeffrey Cunningham and reportedly mailed a copy to Fitzpatrick’s attorney, Van Irion.  Jenne objected to the subpoena on the basis that it was “unreasonable, oppressive and unduly burdensome.”  Jenne also claimed that the subpoena was “very broad and unclear, and it is difficult to ascertain just what documentation the Defendant seeks.”

If the subpoena were to be upheld, Jenne asked that Fitzpatrick be asked to advance the costs of the research.

Cunningham occupied the position of McMinn County grand jury foreman between November 2012 and March 4, 2014, when he reportedly resigned.  On March 18, Cunningham accused Fitzpatrick of extortion, aggravated perjury, harassment and stalking and convinced the McMinn County grand jury to issue a presentment with those charges.  Fitzpatrick was arrested at approximately 12:20 p.m. that day while sitting on a bench outside of the court clerk’s office, having asked to submit evidence to the grand jury naming Cunningham and others as criminals in rigging of the grand juries.

Irion had asked for all communications between January 2012 and April 2014 in which Cunningham had mentioned “Walter Fitzpatrick.”  It is unknown whether or not Cunningham communicated with anyone about Fitzpatrick in his official capacity as bank President and CEO, although Jenne’s brief would appear to demonstrate that he had.

Regarding a previously scheduled 2:00 p.m. hearing to include testimony from approximately 30 subpoenaed witnesses, our contact told us, “Nobody seems to know anything.”

During the preparation of this report, our contact called a second time to report that one of those subpoenaed appeared but was dismissed by Irion after saying in broken English, “I don’t remember anything; I don’t know anything.”  Deputy prosecutor A. Wayne Carter appeared and said that he believed there were two hearings today, while Irion said he did not know about the 2:00 p.m. scheduling.

Court clerk Rhonda Cooley said that because she attending conferences last week, she also did not know the schedule.  Cooley and another clerk, Pat Newman, were in the courtroom last Monday for a hearing in the case.

The afternoon hearing was reportedly scheduled to hear Irion’s motion asking that the Tenth Judicial District recuse itself from prosecuting the case.  Irion believes that the Tenth District is pursuing a “vindictive prosecution.”