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COUNTY GOVERNMENT ISSUES DECEPTIVE AND INVALID APPOINTING ORDERS
by Walter Francis Fitzpatrick, III
(Jul. 10, 2011) — What we’re looking at here is a government which is not found in our Tennessee state constitution or our United States Constitution, and it is operating openly. They’ve been doing it for such a long time that they think they can continue to do this without any kind of criminal accountability or facing any kind of criminal responsibility. We know how serious this is because of actions that they’re taking against those who are trying to expose them. It’s very clear what the government has been up to and the fact that they don’t want to get caught.
What’s extraordinarily defeating, deflating and frustrating is that there’s no place to go. People are frightened. This was a product of the lunch conversation the other day. People in this community know what’s going on; they agree that the crimes we are reporting are actually being committed, but they don’t know where to take this information.
That fact needs to be profiled as loudly as we can profile it. The reason that this is continuing is that there’s nobody in a position to stop it. I’m talking about government positions. Where do we go where we haven’t gone? For example, in speaking with the FBI agent on the 28th of June, the response I got was, “You don’t have enough.” As I’m going over this, though, I’m thinking, “Oh, no; we have more than enough.”
I did go back and reread that WorldNetDaily article from ten years ago. I printed it out, and I had seen that before. This has been going on for a long time. It’s not that the FBI doesn’t know, and it’s not that the FBI doesn’t have enough; it’s just that the FBI has made a decision for themselves that they’re not going to get involved. So when you hear them saying to you, “We can’t get involved just yet,” it’s because they’ve made a decision at the high levels of their chain of command that they’re not going to. So they tell people whatever they need to tell them to make them go away, and then they don’t act.
As I go over this information that we have, there is no question anymore about the crimes that are being committed. So we are getting very close to a point where the government is going to be bypassed, just out of necessity. I don’t know when that moment will come, and we’ve talked about that, too. I don’t know what the catalyst is going to be, but it’s coming, because nobody will act.
When we talk about what is going on here still with Ms. Faye Tennyson being the person who’s acting as the grand jury foreman for 2011, it’s just a smaller part of the bigger picture, and as I described it before, this is the chaos. We don’t have laws here; we don’t have law enforcement here; this is nothing but chaos, and they’re thumbing their noses at us saying, “What are you going to do about it?” literally…that’s what Pettway has said. “You’ve been to the TBI; you’ve been to the FBI; what do you think they’re going to do?” It’s that pronounced, and it’s become the culture. People are afraid to fight against it because they’re afraid of the kinds of things that could happen to them. Or, in the alternative, they are part of the corruption process and they’ve been doing well by it and don’t want to see it stopped.
Editor’s Note: A telephone call made to the Tennessee Bureau of Investigation (TBI) on October 15, 2010 to report the corruption in Monroe County, TN is here: DS400125(1)
It’s a small community. I sent you three documents. One of them was the public announcement of the grand jury foreman on the 5th of January, 2011. That announcement named Mr. Pettway. This is the grand jury that handed down the two charges against me for which I stood trial on June 23. The charges were resisting arrest and assault of Michael Morgan. There is no basis for the charges, which we’ve talked about.
How did they get to the grand jury? Because the grand jury is in the pocket of local government. So who was the foreman that day? Here we come back to the subject of chaos. Who knows? The other two documents I sent you are an appointing order for a person named “Fay Tennyson.” It fails to announce when this appointment was to become effective. Then you have the actual return indictment signed out by a woman named “Faye C. Tennyson.” Those three documents all need to match, and none of them do.
So what happened on the 5th of January in that grand jury room where these two charges were presented to them by Jim Stutts? There’s a return indictment. I subpoenaed Ms. Tennyson to appear that day, but the subpoena wasn’t delivered; the sheriff sent it back unopened. So when you try to get to the bottom of these issues and as a citizen, try to expose them, this is the kind of obstruction that you face. And of course, the two charges that were brought against me by that grand jury and then tried on June 23, are groundless. But because there’s no oversight, they can get away with it. And they have been doing this for years. I keep running into people here in this community who know what’s going on. No jury is competent to hear a case until they know that they’re not going to be acted against by the sheriff’s department if they decide to act against the police or the judges, but the threats are just too real.
So who was in the grand jury room? Well, we know. The government told us. Gary Pettway was the foreman for the grand jury on the fifth of January, 2011. How many subpoenas have I sent out for appointing orders? That’s their Achilles’ heel; they know that those documents will give them up, as they already have. We have enough now. How much more do we need?
They were caught in that mistake on the 18th of January. You may recall that after I was released on December 30, 2010, there were at that time all of these pronouncements that I had another hearing on the 18th. I didn’t know anything about a hearing on the 18th, and I talked about that at the time. I hadn’t heard anything, although you had. I stayed away from the courthouse for a two-week period between December 30 and January 18, found my name on the docket, and it was on the 18th of January that Judge Carroll Ross, on the bench, notified me that he would not be hearing this case and that I would be told soon enough that a new judge would be appointed.
On that same day, the 18th of January, I went to the bulletin board where they post the public announcements stating the foreman. The announcement for January was still up, and the one for February was not. So I pulled the one down naming Gary Pettway and made copies of it.
We have the public notice that was still up on the 18th of January that stated that Mr. Pettway was grand jury foreman, not Ms. Tennyson. They didn’t put one up, ever, which named “Faye” or “Fay” Tennyson publicly as the grand jury foreman. The only person who was announced publicly as the grand jury foreman is Gary D. Pettway. Nobody else was appointed or assigned. That’s the public notice; that’s the person before whom you’re going to be appearing. I wasn’t there on the 5th of January, and of course, the grand jury session, as we’ve heard from Ms. Cook in a recording which you have, is closed [DS400005_B]. The clerks don’t know what’s going on there. Who knows if Mr. Pettway was in there or not? We do know, because that’s what the government told us. Period. It was publicly announced that Gary Pettway was the grand jury foreman on the 5th of January of 2011, which negates the charges that came out of that grand jury which were signed by a person named “Faye C. Tennyson.”
The Post & Email: “So Pettway led the grand jury as foreman, but she signed it to make it look as if she was the foreman?”
That’s what we have right now, and “Faye C. Tennyson” is not appointed into the grand jury. The appointing order that we have for 2011 named the person “Fay” with no middle initial and the last name of “Tennyson” without a date. So for the first seven months of 2011, they’ve still had a grand jury in Monroe County which is not lawfully constructed. Who is the grand jury foreman? Who has been signing out these indictments? There is no appointing order.
In the world of the military, an appointing order for a change in rank always has a date. If you are announced as having been selected for promotion as an ensign, you don’t get to put on the lieutenant junior grade rank until the date that it becomes effective. If you put on the rank before it becomes effective, you’re out of uniform. You’ve just taken on authority which is not yours. It’s a date of rank.
These three documents all have to match. The name on the notice of the grand jury foreman needs to be the same on the document which is the appointing order, and the appointing order has to come before the date that the grand jury is going to meet. It has to be dated at some point before, and the appointing order has to have a date when it is effective. It doesn’t, and the name on the public announcement is Gary Pettway. The name on the appointing order signed by Amy Reedy is “Fay Tennyson,” with no middle initial. That person is unknown to us. The public notice has to match the appointing order, and that has to match the signature on any indictment or presentment that this grand jury foreman signs out. All three are different.
There is no one now appointed as the foreman into the grand jury of Monroe County, TN for 2011. All the indictments and all the presentments that they have signed out are void. What makes this more troubling still is that I have also sent a request to “Faye C. Tennyson,” who is a real person – I’ve met her – I’ve asked her to identify herself when I was in the courthouse. I asked her for two forms of identification and she refused to provide them.
The Post & Email: “Do we know that the person to whom you were speaking has that name?”
What we know is we have nothing but questions. They wrote down the wrong name on the appointing order. When you do that in the military, it’s bad. You’re talking to an officer who was involved in the care and custody of nuclear weapons. You don’t make a mistake like that; you are trusting someone with a nuclear weapon, and you know exactly who is there. You check the name on the name badge two and three times. The name on the badge has to match names that are found elsewhere in the environment.
Whomever signed the appointing order has to identify himself or herself. As someone who has been trained in that kind of process, I know that you check the name on the appointing order against the documentation which has been posted. So we have identity theft here. Who really is operating the Monroe County grand jury right now? And the answer is, “We don’t know.” And Ms. Tennyson refused to identify herself, so if there was no problem…they know that there is a problem, because her license, for example, or any other identification she might have, would have her name spelled correctly. If I had had that and compared it to the appointing order and called her to the stand, I would have asked her. You’re talking to a guy whose name has been forged; you’ve seen the forgery. In the forgery of my name, at the end of my name, there is a letter “t” and there is no comma followed by “III,” which I always use when I sign my name. It should have ended in “k.” So if you look at the forgery and you look at my identification card, they should be exact. The forgery and my ID don’t match. None of these documents say who actually is appointed in the grand jury as foreman, and the person who is pretending to be the foreman refuses to identify herself. Why would she do that?
I could have challenged her on the 23rd of June by calling her into the courtroom by saying, “Excuse me, but your name as it appears on your ID card or driver’s license is not the same as it is on the appointing order.” She refused to identify herself in February, and then she refused to appear, and this comes back to the beginning of this conversation: in the state of Tennessee, under the constitution, I am supposed to be able to face my accuser. When it comes to the grand jury of January 5, 2011, is it Gary Pettway, is it “Fay Tennyson” or is it “Faye Tennyson?” Is it her signature which accompanies this set of charges? Who was actually in the room that day?
So where do you go in this state to find a remedy and relief in this very egregious question of who’s who? I will send you one other document so you can compare and contrast. Remember when Amy Reedy, the same judge, back in June 2010, appointed Angela Davis? In that appointing order, Amy Reedy gives an effective date. So why didn’t she put down an effective date for the person whom we don’t know, “Fay?” Right now, the grand jury is not operating lawfully. She has to put an effective date. Whomever is the foreman — they can change it month-to-month or day-to-day — but unless you give a date for this person to be exercising that authority, the person is not vested with that authority.
Take your driver’s license. It has a date on it, and you have to renew it. Why? Well, if for some reason the state finds that you are incapable of driving, they can put restrictions on you. For example, if you don’t pass the vision test, they’re not going to issue or renew a driver’s license to you until you get glasses. After you get them, they test you again, and they say, “OK, you’re safe to drive.”
An appointing order for the foremanship of the grand jury is extraordinarily important because any grand jury member can place a person under arrest. So if a police officer is not lawfully employed and acts under the color of authority of a police officer when he’s not, that’s a problem. Who is operating with the proper authority in the Monroe County grand jury in 2011? It is not Faye C. Tennyson, as we have nothing that says that she was lawfully appointed to the foremanship of the grand jury.
The Post & Email: “Do you think when the Democrat & Advocate ran the article which stated that Gary Pettway had not been reappointed and there would be a new grand jury foreman, was its purpose to deflect attention from the “repeat” grand jury foreman problem which we’ve been exposing?”
[Editor’s Note: The Post & Email published an article stating that a new grand jury foreman had been appointed after Mr. Fitzpatrick reported that the indictments issued against him in early January 2011 had been signed by a “Faye C. Tennyson.”]
Thank you for asking that. That article was not published until the end of January; the 31st, to be exact. Why did they wait until the end of the month? They could have announced this at the beginning of January when an appointing order was signed out. The date on the appointing order had to be before January 5, 2011 for whomever it was who was going to assume that position. An appointing order is a public announcement, so if the Advocate & Democrat had wanted to find out who was going to be sitting in the grand jury as the foreman on the 5th of January, they could have gone in on the 3rd or the 4th or on the day of, the 5th, and said, “Could you please show us the appointing order?” and then written the story at the beginning of the month.
The Post & Email: “So it appears that the writer did not request nor look at any documents which supported his report announcing the appointment of a new grand jury foreman.”
The author is Michael Thomasson. The article says here:
After turmoil over how long a grand jury foreperson seat can be held in Tennessee, Judge Amy Reedy quietly replaced the longtime Monroe County Grand Jury foreperson in January.
Gary Pettway had held the position for more than two decades and this tenure came under fire recently when Sweetwater resident Walt Fitzpatrick, who has been trying to indict President Barack Obama on various charges, declared Pettway was serving illegally.
After a court case from 1983 showed it had been ruled that a person could serve more than one term as long as a judge reappointed them, Pettway served several more months before Reedy replaced him with Faye Tennyson of Sweetwater.
Grand jury proceedings are kept secret and no one is allowed to comment on what happens in them, but Monroe County Circuit Court Clerk Marty Cook doesn’t think Fitzpatrick’s arguments from last year had anything do with the change,
“I can’t speak for the judge,” Cook said, “but it was probably just time for a change. It wasn’t a comment on the work anyone was doing.”
Grand juries are selected every December and serve for one year, but the foreperson is appointed by the judge and doesn’t necessarily have to come from the jury pool.
“The judge can pick the foreperson from wherever they choose,” Cook said. “And they serve for two years unlike the other jurors.”
So here is the commission of a crime. There is nothing in Tennessee state law which allows the judge to pick the foreman or to appoint him to consecutive terms. Remember the puzzle example that I gave you where I said, “OK, you’re going to randomly pick 36 people from thousands of puzzle pieces, which represent the population of the county.” I did this with the FBI. “Drop the pieces in the box: ‘Here, Judge, you get to pick the foreman from this group of people who have already been preselected as the grand jury for the year. You didn’t pick any of the jurors, Judge, but you get to pick the foreman.'” Then there is the question of how the judge picked the foreman: “What criteria did you use? Was it height, weight, gender, education?” Anything a judge would say in the selection of a foreman would declare that the judge has exercised some type of discretion and applied a bias. It means that that jury is no longer impartial, which violates the state constitution. You’ve just negated the authority of that jury because it’s contaminated.
So using that process, the judge picks the one person as the foreperson. He didn’t pick a juror; the 36 jurors have already been chosen. The number “36” comes from Gary Pettway’s testimony on December 1, 2010. So there are 36 names in the box and the judge picked that foreman from there. That person serves for a year. There are provisions to allow the grand jury to stay on longer than a year. If they have “sweat equity” in a case and in the interest of justice, they need to continue with court for longer than a year, it’s authorized by the law. If that happens, a grand jury is kept past a year. but not for longer than two years. They get to keep their foreman and they continue to work until they’re done with that case. Then they go away.
What should happen normally is that at the end of the year, the grand jury finishes with all of its work and is dismissed totally. That group of 36 people is moved away, and then 36 more are chosen. It’s not possible to pick anyone who was one of the previous 36; they can’t be picked again.
The Post & Email: “And when you say ‘picked,’ it means that a machine is supposed to come up with the names, not a person.”
It is supposed to be a process which does not allow for the possibility of any human intervention. Randomly, 36 new names are chosen, and that group should be brought in front of Amy Reedy, and you say, “Here is your newly-populated grand jury; from this newly-populated group should be a different grand jury foreman from the one we had last year.”
The Post & Email: “And it is supposed to be done in open court, but that has not happened, either.”
No, and this is what happens when the judges have chosen jurors as political appointees in a patronage position as long as they can remember. And they have been picking other jurors for the trial juries who are all expected to perform in a certain way. Everybody knows what’s going on. We have talked about what the jury was intended to be as the foundation of the operation of our criminal justice system. It’s a bedrock requirement in the operation of our republican form of government…”What kind of government have you given us?” “A republic, if you can keep it.” Well, it was a jury system that allows us to keep the Republic, and if not that, then we’ve devolved into the Second Amendment. But certainly, the jury was put in place so that we could keep the Republic a Republic! They’ve taken that away from us. They are hand-picking people for the juries. It’s prisoners-for-profit; they have to populate the prisons to make money, so they are sending innocent people away. And the judges are getting away with murder.
In the meantime, the judges are not held subject to the same criminal system that a regular civilian is. As we know from the phone call with the Tennessee Bureau of Investigation, we know that a judge can’t be arrested without an order from the district attorney general. They’re insulated. The judges have been committing criminal acts. For example, Judge Donald P. Harris refused service and refused to receive mail in my case.
We’ve talked about Judge John B. Hagler who was caught on tape, and the FBI knew about it and they walked away from it. And Judge Baumgarter…you have Blackwood presiding over that. Baumgartner was brought before Judge Jon Kerry Blackwood and given a pass; he was buying drugs from some of the people who had appeared before him in court on drug charges. And then Baumgartner went back and started making deals with the defendants for whom? for himself. Is Baumgartner in jail? No, he retired. Look at what he did, and he didn’t go to jail. In fact, there was a cop with whom Baumgartner was involved, and the cop got caught in drug dealing. He said, “Well, you gave the judge a break in this case; why don’t you give me the same break?”
We are looking at corruption in the state of Tennessee whereby the judges are running a government not found in the Constitution. This is treason. We are not protected by our Constitution. When you go to the people who are supposed to be enforcing the law, you find no one. So the problem continues and becomes magnified. This is a criminal syndicate, a racketeering enterprise, and when an FBI agent comes to you and says, “Well, you don’t have enough information to initiate an arrest,” au contraire; we do. Then you go back and read about the corruption in the days of Al Gore when he was vice president, and everybody knows about it. So where do you go to find a law enforcement officer who is going to step in and act? It’s not going to be just one officer, because that officer will be crushed. Judges who might act on the corruption will be crushed.
It’s going to take a large number of people from somewhere. Remember we were talking about having someone come here and speak with a group of people? It’s not going to happen. This is going to have to come from the outside.
The Post & Email: “There should be a treason conference just within the state of Tennessee.”
Or Nevada, or California…But people are going to have to know that they are not going to be attacked as I have been or as George Raudenbush has been attacked. Other people who have tried to stand up against this have been attacked. It’s going to take large numbers of people. This is the frustration: I am just one person.