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ACCUSERS, PROSECUTORS AND VICTIMS
by Sharon Rondeau
(Feb. 20, 2012) — On February 15, 2012, an addendum to the Habeas Corpus Writ was sent to the U.S. District Court in Knoxville filed on behalf of Walter Francis Fitzpatrick, III. The Writ was filed in federal court after the State of Tennessee refused to act on it.
The Post & Email has learned that Fitzpatrick was taken to the U.S. District Courthouse in Knoxville for Darren Huff’s trial in October 2011 and was waiting to testify but was never called. Fitzpatrick stated that he never learned of the outcome of Huff’s trial until his own release from the Monroe County jail on December 3, 2011. “I’m in the dark about the accusations against him. I’ve been told a lot of things, but I’ve been unable to confirm it. They did everything they could to block communication with me from the outside in and from the inside out,” he said of his most recent incarceration in the Monroe County jail.
Fitzpatrick has seen a medical doctor and had blood drawn. He is awaiting the results and will consult with the doctor again this week. He has also had two treatments with a chiropractor for the pain in his shoulders. “Sleeping on the concrete took its toll,” he said. “Prisoners in Guantanamo Bay are treated better than the men and women in the Monroe County jail.”
The Post & Email has confirmed that on February 2, personnel from the Tennessee Corrections Institute performed a walk-through of sorts of the jail, but the TCI stated that it was not an “inspection.” We will be obtaining more information about the walk-through this week. Fitzpatrick has said that “The whole facility needs to be shut down.”
Regarding the manner in which Monroe County arrests and charges its citizens with crimes, Fitzpatrick presented this analogy:
If you are in a parking lot coming out of Wal-Mart, for example, and you are a prosecutor by profession, and somebody comes onto you as an assailant and they have a gun…and they pull the gun on you and they say, “Give me your money or your life,” that prosecutor comes in and makes a report to a police officer or sheriff. That prosecutor says, “I have been assaulted.” Then they catch the assailant, and the assailant is brought into the judicial system.
The prosecutor in this case, the person who has been assaulted, cannot prosecute the case against his own assailant. He’s an accuser. As an accuser, he cannot prosecute because the conflict there is insurmountable. If he were the prosecutor, he could control the entire prosecution. So you can’t do that at all. The prosecutor who is, in fact, the victim of the crime alleged in the courtroom cannot be the prosecutor. That’s Law School 101.
But that’s what’s going on with me in this new charge about these documents. Now we know, because I’ve been talking about this “accuser” issue forever, we have an admission that my accuser in the case for which I stood trial on December 1, 2010, my accusers were Jim Stutts, who is a prosecutor, and Judge Carroll Ross, on behalf of the State of Tennessee, prosecuting their own case against me.
This is now the model. Tennessee is describing itself as the victim of crimes against people they’re prosecuting. They come in; they say a person has committed a crime, and the state of Tennessee is represented by the prosecuting attorney instead of having somebody come forward as a person and say, “I’m the accuser” and submitting himself to cross-examination and the adversarial relationship between the accuser and the defendant.
The State of Tennessee has changed the model of how our judicial system is supposed to work as it goes to the victim and the accuser. They’re using this new judicial system to immunize themselves against any kind of cross-examination or any kind of confrontation between the defendant and the accuser. They’ve taken that whole concept and turned it on its side, just as they’ve completely undone and reconstructed what we once recognized as a jury system.
The system that they have here is not found in our constitution. This is treason writ large, and now we have everything that we need to demonstrate, in writing, using their documents, the “new model” that is being used in the state of Tennessee to accuse people, prosecute and convict them as innocent people.
The accuser in my case for the two felonies from June 2010 was Jim Stutts. He brought those in to the grand juries and was able to get those advanced from the grand jury. I was arrested on June 8 on my front lawn in a surprise attack, and that was because the grand jury ordered me arrested again on the two felonies. Stutts and Carroll Ross, working together, constructed the two felonies, which had nothing to support them. Because they knew I would never be able to confront my accuser on those two things and because they control the juries, they were confident that they were going to be able to get a conviction against me on two felonies. That’s how this model works. In the meantime, you can’t challenge them on this, and the appellate courts are complicit in all of this. The whole system is completely unconstitutional; it’s treason in pure form.
Fitzpatrick has likened the judiciary in Monroe County to “a dictatorship.” Between December 7, 2011 and February 9, 2012, he wrote six letters to The Post & Email, but we did not receive Letter #4, which Fitzpatrick said he believes “was done purposely” because of the information it contained. He stated that he will be reconstructing the letter in the near future.