Witness who Testified in Fitzpatrick Case chose Trial Jury Members

COURT CLERK WHO TESTIFIED AT FITZPATRICK’S JUNE 28, 2010  ARRAIGNMENT ALSO SELECTED THE JURY

by Sharon Rondeau

Why would a witness be allowed to choose the jury members for the same defendant’s trial? Why would anyone be handpicking jurors when the system is supposed to be automated?

(Jan. 10, 2011) — On June 28, 2010, Monroe County Circuit Court Clerk Martha M. Cook served as a witness during an arraignment hearing for Walter Francis Fitzpatrick, III.

She also chose the jury members for Fitzpatrick’s December 1 trial for four felonies and two misdemeanor charges issued by the grand jury for an April 1 citizen’s arrest.

Is a witness allowed to play any other role in a case after testifying?

Cook’s name is also printed on the Capias and Bond document issued to arrest Fitzpatrick for failure to appear at a hearing at the criminal court, despite the fact that no proof of service had been made that Fitzpatrick had received notification of the hearing.  No judge’s signature appears on the document.

Charges against Fitzpatrick were brought by a grand jury which contained at least two members who had served during the previous term, Angela Davis and Gary Pettway, contrary to Tennessee state law.  The judge’s response to Fitzpatrick’s contention that the grand jury was tainted was:

During argument on defendant’s Motion to Dismiss, assertions were made that the foreperson of the grand jury which issued the indictment in this cause, Angela Davis had served previously as a petit juror within a period of 24 months prior to her service as grand jury foreperson in this matter.  Included as Exhibit A to defendant’s motion is an Order signed by Judge Amy Reedy which appoints Angela Davis grand jury foreperson on June 2, 2010.  Exhibit B to defendant’s motion is a certification from the Clerk of Monroe County to the Director of Finance of Monroe County.  This certification indicated Angela Davis was a petit juror from January through July 2009.

The Record however is devoid of any proof that the said Angela Davis that served as grand jury foreperson and the Angela Davis that served as a petit juror is one and the same person.

This is an additional finding by the Court along with the entire Record whereby the Court denies defendant’s Motion to Dismiss the Indictment.

Fitzpatrick had asserted that the entire panel of grand jury members was tainted because they had been working with Gary Pettway prior to the indictment date of June 3, 2010, who had been the subject of Fitzpatrick’s citizen’s arrest on April 1.

If the charges arose from a tainted grand jury, shouldn’t the judge have investigated further to assure that the grand jury had been convened lawfully before proceeding?

The Post & Email is in possession of documents utilized to select jury members in Monroe County which contain such personal information as address, marital status, and employer; home, cell and work telephone numbers; education level, and prior jury service.   Therefore, the court should be in possession of proof as to whether or not the same Angela Davis served for two consecutive terms.

Given the existence of such working papers containing handwritten notes, crossouts, “X’s” beside names and obvious human intervention, is the law being followed in juror selection in Monroe County?  The law also states that a grand jury foreman serves for a term of two years, but Mr. Pettway has been serving for more than 20 years consecutively.

If Martha Cook served as a witness in Fitzpatrick’s case, why did she choose, and specifically, hand-pick, the jury for his trial?  Why did she fulfill any other role other than as a witness on June 28?  Why was she allowed to do so?

Why was a witness allowed to issue an arrest warrant for the defendant?

If the Capias and Bond issued on October 22 for Fitzpatrick’s arrest was legitimate, why was no proof of service obtained by the court?  Did the October 27 arrest of Fitzpatrick amount to a kidnapping, as he has claimed?

If the grand jury issuing the indictment was illicit, is the indictment valid?  If the person who assembled the trial jury members has a conflict of interest, is the outcome of that trial valid?  At the December 1 trial, one juror was dismissed due to previous service which was too recent for him to qualify to serve again.  Why, then, was Angela Davis allowed to serve a second consecutive term?

Are any of these actions on the part of Monroe County constitutional, or have the judges and court personnel established a rival government to that of the Tennessee constitution and the U.S. Constitution?

The documents used to select jury members ask how long the person has resided in Monroe County, but they do not ask if the person is a U.S. citizen.

How many juries throughout the country are assembled in this manner?  How many illegal aliens have served on grand juries or trial juries in the United States?

How are the juries chosen in your community?

8 Responses to "Witness who Testified in Fitzpatrick Case chose Trial Jury Members"

  1. A pen   Sunday, January 16, 2011 at 6:09 PM

    Is it any surprise that this would be the case? Given the collusion of the Tennessee BAR association in depriving individual rights to due process is a fundamental violation of the constitution it goes without saying that any attempt to investigate that fact will be met with the full weight of the federal judiciary as it is entirely constructed of the same hands faction , the BAR association which is spread throughout the states and has also completely controlled the supreme court. We have reached the point where uncovering the illegal act of the lowest common denominator must reveal the entire scheme. Suicide by honesty will not happen. Rest assured there will be every bald faced lie, every obstruction and in the event those do not take hold to prevent the landslide of corruption from being uncovered, murder will take place until such exposure can be thwarted.

  2. Pirate News   Friday, January 14, 2011 at 4:25 PM

    What do you expect in a state where THP sold fake I.D. “driver certificates” — marked “NOT VALID FOR IDENTIFICATION” — to 500,000 illegal aliens…?

    Court clerks are “judges” under TN Code, able to sign arrest warrants based on probable cause affidavits or sworn testimony.

    Juries are picked by the defendant in voir dire.

    Always fight every traffic ticket, for many good reasons, such as refusing to waive your constitutional right to travel, and using “traffic court” as “free” law school practice for winning “real” trials like Fitzpatrick’s case. Traffic tickets are by far the easiest of all lawsuits to win. Big Brother makes 100-MILLION arrests or sues civil lawsuits for “traffic tickets” every year in USA, which are 99% of all litigation in courts (frivolous lawsuits).

    The only exception is if there is no personal service of process, such as parking tickets and traffic scamera tickets. If no personal service of process by signature mail or hand delivery to the defendant, then the “ticket” lawsuit can be ignored and no appearance is required in court in order to win.

    Always file criminal charges against cops during traffic ticket trials. Best to use the cop’s own in-car video as evidence of his traffic crimes. Cops must obey all traffic laws unless emergency lights and siren are both on. Or video the cop as he drives, to document his habitual traffic crimes (also good medicine for prosecutors, judges and politicians).

    You may make a citizen’s arrest, file affidavit of probable cause for criminal complaint with a judge, judicial commissioner or court clerk, or testify to a grand jury seeking arrest of a govt employee. If the court refuses to arrest or prosecute a govt employee, then all charges must be dismissed against you under Equal Protection doctrine against Selective Enforcement.

    Free tips on winning in court pro se:
    http://piratenews.org/how-to-win-in-dragon-court.html

  3. iluvamerica   Tuesday, January 11, 2011 at 1:58 PM

    Alexander, Lamar – (R – TN) Class II
    455 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-4944
    Web Form: alexander.senate.gov/public/index.cfm?p=Email

    Corker, Bob – (R – TN) Class I
    185 DIRKSEN SENATE OFFICE BUILDING WASHINGTON DC 20510
    (202) 224-3344
    Web Form: corker.senate.gov/public/index.cfm?p=ContactMe

    speaker.beth.harwell@capitol.tn.gov
    R, House Speaker

    Senator Mark Norris, R (Senate Leader)
    sen.mark.norris@capitol.tn.gov
    301 6th Avenue North
    Suite 9A Legislative Plaza
    Nashville, TN 37243
    Phone (615) 741-1967
    Fax (615) 253-0194

    RON RAMSEY
    Lt. Governor and Senate Speaker
    1 Legislative Plaza
    Nashville, TN 37243-0219
    Phone (615) 741-4524

    TN needs to get LOUD!!!!!!!! INVESTIGATE

  4. Carl Swensson   Tuesday, January 11, 2011 at 12:07 PM

    This makes any reasonable person question whether or not the American or TN Constitutions have any relevance in this court. Questions that must be brought to the attention of Patriots everywhere in our country. It should now be plain to see that the FBI and all other involved agencies have no intention of honoring their Oaths of office.
    Do we have a valid 5th Amendment or not?? The state of WA and at least one other NE state have done away with Grand Juries and by default, our Constitution.
    Seven more days before Walt gets his next hearing and I can hardly wait to see what they have in store for me (my hearing is the same day)…

  5. Lorene B   Tuesday, January 11, 2011 at 9:45 AM

    Just who is this ANGELA DAVIS? Or, were there actually two different persons by the same name involved?

  6. m02   Tuesday, January 11, 2011 at 3:05 AM

    In regards to the question whether or not Walt’s trial was tainted and if that invalidates the trial, the answer is: of course. The trial was over actions Walt took to expose illegal behavior involving members of the law enforcement and judicial system of the county, if not the state. Such concerns therefore mandated a change of venue.

    Your questions about county court clerk, Cook, being a witness are not really very well stated. Anyone can be a witness, including those who have been in a hostile situation with the accused: e.g. arresting officers are usually called as witnesses.

    Since her job probably includes typing up warrants that really isn’t an issue if she did it at a judge’s request. The lack of a judge’s signature is a real issue. But since the supposedly responsible judge didn’t take issue with it once he was aware of Walt’s arrest then obviously he approved so the odds are that she probably didn’t just do it on her own initiative. That still doesn’t make the warrant valid however – it wasn’t, and neither was the arrest or anything else that followed.

    The real question concerning Cook, isn’t about her testifying, it is whether or not she should have been involved in the jury selection process for the trial of a man she was going to be a witness against. Of course she should not have been involved. To eliminate such potential conflicts of interest is why a change of venue is mandatory in these types of cases.

    But then nothing in this case has been legal regarding the authorities’ actions. The county is run by a criminal gang, like the state government is also obviously run a by a network of these gangs. It is the southern good ole boys’ club writ large and living well in Tennessee, just like every where else across our country.

  7. Alicia Fitzpatrick   Tuesday, January 11, 2011 at 1:25 AM

    So much of this whole process is obviously, blatantly corrupt. Since when does a Court Clerk choose jury members? AND she had previously served as a witness on this case? AND she signed the Capias and Bond to arrest him for Failure to Appear instead of a judge! AND there is no proof of service, no document to show that Walter Fitzpatrick received this notice. How can the sheriff’s department justify breaking and entering his domain and assaulting him to the point he could have been killed? Then he was denied a Motion to Dismiss because there was NO RECORD that Angela Davis served as petit juror and grand jury foreman. Well, if he was denied his motion on THAT detail, it would imply that it would be APPROVED if it were proven that it was the same person. Oh what a tangled web they have woven for themselves. This is OUTRAGEOUS!

  8. stan   Tuesday, January 11, 2011 at 12:32 AM

    Let’s hope these discoveries which we understand are also being presented (via certified mail simultaneoulsy with the publication of this post) to the FBI will become helpful in investigating the widely rumored and now exposed corruption of Monroe County law enforcement. I for one think it’s gotten to be high time.

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.