BUT WHERE ARE THE SIGNATURES?
by Sharon Rondeau
(Oct. 26, 2010) — A “Capias and Bond” document has been issued by the Monroe County court for the arrest of Walter Francis Fitzpatrick, III, a retired Naval officer, but the signature of a judge is absent and the names of court officials are printed rather than signed. There is also some type of scribbling on the document in two places.
The term “capias” indicates that a person is taken into custody for any of a number of different reasons. A sample of a “Capias” form used in other Tennessee counties can be found here.
The reason for the warrant is listed as “failure to appear in criminal court.” The document is dated October 22 and was faxed to The Post & Email upon request today along with an order signed by someone other than the court clerk, Martha Cook, although the document bears her personalized stamp.
The Post & Email has contacted Mr. Bill Poovey of the AP, whose article in the Knoxville News today cited Attorney Stephen Pidgeon saying that the Monroe County grand jury was “hopelessly corrupted,” to inquire about his research and reporting of grand jury issues in Tennessee.
Neither the AP article nor an article published on October 25, 2010 showed a copy of the arrest warrant. The Post & Email had contacted the writer of the latter piece but received no response.
The defendant in the case, Walter Francis Fitzpatrick, III, maintains that the Monroe County grand jury is “rigged,” and that four judges are aware of it and have even orchestrated it. The Post & Email contacted the Monroe County clerk’s office to ask if the grand jury contained people who have served too recently to be jurors during the current term, but they refused to speak on the record.
Fitzpatrick told The Post & Email that Gary Pettway, the grand jury foreman, has been serving in that capacity for at least 20 years. Fitzpatrick claims that Pettway was in the room when he inquired of the court clerk, Martha M. Cook, how long Pettway had been serving, and that Pettway himself said that it was “27 years.”
Tennessee Code states that potential grand jurors can be disqualified from serving due to a “state of mind exists on the juror’s part that will prevent the juror from acting impartially shall constitute such cause.” Fitzpatrick claims that, because all of the current jurors knew Gary Pettway, the grand jury foreman, having worked with him before June 3, 2010, all of them should have been replaced because the issue at hand was Fitzpatrick’s contention that Pettway was serving illegally himself.
Fitzpatrick and his attorney have stated that there is at least one other person who is serving on the grand jury but should not be due to service in 2009. Angela Davis served as a petit juror during the first half of 2009, was appointed to foreperson on June 2, 2010 for one day by Judge Amy Reedy, and then relegated to regular grand juror status for the remainder of 2010. Tennessee Code states:
(a) The jury coordinator in each county shall select names of prospective jurors to serve in the courts of that county by random automated means, without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person.
If both Pettway and Davis are serving in violation of the law, how many other jurors in Monroe County are doing the same? How many have served prior to this term within 24 months, which the law prohibits?
A call made to Angela Davis’s home today indicated that the number is no longer in service.
Why was the existence of the “arrest warrant” leaked to the press and not been carried out?
UPDATE, October 27, 2010, 8:45 a.m.: The Post & Email has just learned that an FBI investigation has been opened into the Monroe County court system.
The contact information for the FBI in Knoxville, TN is:
Phone: 865-544-0751
Fax: 865-544-3590
Email: knoxville@ic.fbi.gov
FBI in Washington, DC: 202-324-3000
I think you will find that Mr Pidgeon was obligated to leave the case. Under legal ethics “withdrawal is required to avoid assisting an ongoing fraud” . Trying to represent Walter in the very court he accused of being fraudulent would be just that, aiding in an ongoing fraud. A lawyer is an officer of the court so participating in a fraudulent court is unethical to say the least.
The Monroe County court system can not hear a case brought against it. Why they are trying to is obvious. It’s called a coverup.
BLOOD ON OBAMA’S HANDS
It is clear to me that what is going on is that the judge is unhappy that there is an official FBI investigation into their corrupt conduct and he does not want Walt to be able to talk to the press or the FBI. Walt’s life is in danger because these criminals will murder to try and protect themselves which they already have done once already. The FBI should take Walt into protective custody to protect him from these corrupt judges and sheriffs. Please call the FBI and insist that they take Walt away from the reach of the local sheriff and judiciary and place him in federal protective custody before more blood is on Obama’s hands. None of this would even be happening if it were not for the illegal usurper Obama. If Walt survives, he has a massive civil case against Obama and the county and the state of Tennessee. This is why I fear for his life at this time and the FBI MUST take him into protective custody. If the FBI refuses then they deepen their involvement as accomplices because it is the failure of the FBI to summon the political will to demand Obama’s arrest that is causing this condition in the first place. This situation with Walt is just the tip of the iceberg because as more people refuse to accept the bogus statutes signed by Obama, more and more courts will become corrupted as the Judges become political prosecutors persecuting those of us who know that the health care bill etc. are not valid laws. The FBI is criminally negligent and an accomplice to the widespread corruption of the Judiciary that will spread like a cancer all across the United States. We are all slaves now. The FBI and Justice departments must be made to act for the benefit of the nation and preservation of the judicial branch of government. Everyone across the nation needs to call your FBI and demand Obama’s arrest and protection for Walt.
A “phone call” does not constitute DUE Notice – in ANY jurisdiction of this country. And counsel failing to give his client Notice is an appealable issue – as in: “ineffective counsel”.
Special Judge Jon Kerry Blackwood!
You’re darn right, he’s special. In fact, he’s untouchable. He can do virtually anything he wants to do, without the need to worry about losing election or his pension.
John Kerry Blackwood is a “Senior Judge”. That means he is a retired judge. His pension is secure and he cannot be removed from the bench unless the Tennessee Supreme Court decides to remove him from the bench.
While most judges stand for election (even retention election), senior judges do not. No matter how badly they act, they do not face the possibility of losing their pension or being impeached. They are, for all purposes, untouchable. The only entity that can remove a Senior Judge, is the same entity that put them there in the first place.
This isn’t the first time or the first state where I have seen a “senior judge” acting as though they are “above the law”. Senior judges can, and will, ignore the law simply because they know that they risk nothing by doing so.
And don’t think the right to appeal provides any protection. Appeals are costly, and the appellate court can simply bury the whole thing by issuing an unpublished “memorandum opinion”.
Has this Pigeon fella made a statement yet? Something is fishy with him.
Sharon,
Why did Pidgeon want to quit? The purpose of this hearing was his attempt to withdrawal.
I think Pidgeon set Walt up. Who paid him off?