FORGED BIRTH CERTIFICATE, FORGED ARREST WARRANTS?
by Sharon Rondeau
(Mar. 6, 2012) — On December 7, 2011, after having spent three and one-half days out of the Monroe County jail, Walter Francis Fitzpatrick, III was rearrested by the Monroe County Sheriff’s Department. The reasons given by one of the jailers were that Fitzpatrick had not served enough time from the last incarceration which ended on December 3, 2011, and that he allegedly was guilty of “tampering with government documents” in the courtroom on December 7 during the selection of the new grand juries for 2012.
Fitzpatrick relocated to Monroe County, TN from the West Coast in December 2007. In the fall and early winter of December 2009, he had attempted to advance a complaint of treason with the county grand jury against Barack Hussein Obama, stating that Obama had “entered the White House by force of contrivance, concealment, conceit, dissembling, and deceit. Posing as an imposter president and commander in chief you have stripped civilian command and control over the military establishment. Known military criminal actors—command racketeers—are now free in the exercise of military government intent upon destruction of America’s constitutional government.”
While Fitzpatrick’s complaint did not center on the “Obama eligibility” question, it accused Obama of having practiced “concealment,…dissembling, and deceit.” Subsequent criminal complaints were filed with the U.S. Attorney for the Eastern District of Tennessee, the two federal grand juries seated in Knoxville, TN, and with the U.S. District Court in Washington, DC.
Before 1946, county and federal grand juries operated independently of a prosecutor, examining evidence of petty crimes and government officials’ conduct and issuing presentments to law enforcement. However, the 1946 change in the Federal Rules of Criminal Procedure declared presentments from the people “obsolete.” While not an official constitutional amendment or alteration of the Fifth Amendment, the congressional change in the FRCP resulted in the courts acquiring control which the people had previously held from the time of the American Revolution.
The Fully Informed Jury Association (FIJA) states that “jurors can say no to government tyranny by refusing to convict” and that a jury can exercise its right of “nullification” if its perceives that the charges were unfair or unconstitutional. Some judges and prosecutors have attempted to deny the right of a jury to nullify a conviction. Another source states that the grand jury’s purpose is to “prevent malicious prosecution by the government.”
In Monroe County, however, the grand jury and trial juries have been proven to be manipulated by the judiciary, as the judge or court clerk chooses the members with the apparent intention of maintaining control over the deliberations, decisions and indictments issued therefrom. Fitzpatrick has called the judiciary a “machine” “designed and manufactured…to take direct action against people the state criminally accuses.”
Others, including members of the military, have questioned Obama’s constitutional eligibility to serve for several reasons, but those questions have never been addressed. Last week, after a six-month investigation conducted by his Cold Case Posse, Sheriff Joe Arpaio of Maricopa County, AZ, pronounced Obama’s long-form birth certificate image a “computer-generated forgery” along with Obama’s Selective Service registration card.
Presidential contenders, attorneys and others have filed civil suits and a “quo warranto” action, and challenges to Obama’s name appearing on state ballots have arisen across the country in anticipation of the 2012 presidential election. In Georgia, Judge Michael Malihi determined that Obama was eligible to be on the ballot because of his purported birth in Hawaii without requiring any hard-copy evidence of such, although the image purported to be a certified copy of Obama’s “proof” of his birth in Hawaii has now been called into question. No hospital in Hawaii claims Obama was born there, yet Malihi ruled that Obama’s evidence was “persuasive” and relied upon a case in Indiana which had stated that Obama was eligible for the same reason. Neither Obama nor his attorney had attended the hearing on January 26, upon which The Post & Email had reported in real time and shortly thereafter, was shut down by its then-hosting company without warning.
If Obama’s birth certificate image is a forgery, how can Malihi’s “determination” stand?
Forgery has been defined as:
In-depth legal analysis has determined that it is more than just birthplace which qualifies a person as a “natural born Citizen” as required by Article II, Section 1, clause 5 of the U.S. Constitution.
Lt. Col. Stefan Cook had questioned his deployment orders in July 2009 and tragically, did not live to see the question of Obama’s eligibility or identity resolved.
Fitzpatrick has stated that because of his exposure of the corruption in Monroe County, “They want me dead.”
In response to his criminal complaint, Fitzpatrick received a visit from the Secret Service but nothing from the White House. Shortly before the March 1 press conference, Fitzpatrick reiterated his reasoning behind the complaint against Obama as “I’m right, or you are. I gave Mr. Obama the opportunity to recall me to active duty and court-martial me for, among other things, mutiny, if he could prove my challenge was false. If what I said about him was defective in any way, he was under an obligation to punish me for accusing him falsely.”
The foreman of the Monroe County grand jury, Gary Pettway, obstructed Fitzpatrick’s attempts to have the complaint reviewed. During the course of Fitzpatrick’s efforts, he learned that Pettway had been serving as foreman for at least 20 years, and later confirmed that it was 27 years without having been officially appointed. Grand juries are formed so that evidence of crimes can be reviewed by an impartial panel of one’s peers, but Fitzpatrick discovered that in Monroe County, both grand juries and trial juries contain members who should not be serving, according to state law. Fitzpatrick’s former attorney, Stephen Pidgeon, had declared the Monroe County judicial system “hopelessly corrupt” before he and Fitzpatrick parted ways in October 2010. Fitzpatrick has called the judges “proven criminals.”
Corruption in Eastern Tennessee has been embedded in the culture for decades, and the local FBI has stated that it is “too extensive to successfully prosecute.” Recently, Tennessee residents have reported widespread corruption of judges, grand juries, court clerks, jailers, sheriff’s deputies, sheriffs, Tennessee Highway Patrolmen, attorneys, local police, and prosecutors. Judicial corruption has been reported to the Tennessee General Assembly with no visible result to date. One former resident of Monroe County compared it to “a town in Cuba.”
The local Monroe County media generally does not question the government’s position, although there are indications that the situation might be changing.
After Fitzpatrick learned that Pettway had been serving as grand jury foreman for at least 20 years, he went to every law enforcement in his region of Tennessee, but no one would take responsibility for investigating the grand jury foreman’s “patronage position.” Pettway himself had said that he “worked for the state.” Fitzpatrick has claimed that Pettway “has never been a juror,” but instead has been working and advocating for the judges who had allowed him to act as foreman consecutively for almost three decades.
Having exhausted law enforcement for a remedy, Fitzpatrick attempted to carry out a citizen’s arrest of Gary Pettway but was instead arrested himself. Contrary to local news reports, the citizen’s arrest had nothing to do with the treason complaint against Obama; rather, it sought to remove Pettway from his long-time “position” as head of the county grand jury. Rule 6 of the Rules of Criminal Procedure states that the foreman must “possess all the qualifications of a juror,” and Tennessee law mandates that jurors cannot serve consecutive terms.
The Monroe County grand jury has issued indictments against Fitzpatrick and others without an accuser who is not part of the county or district government, and one judge has admitted openly that “the judge picks the grand jury” in violation of TCA 22-2-314.
Fitzpatrick has described the “justice” system in Monroe County as having “changed the model of how our judicial system is supposed to work as it goes to the victim and the accuser.” He has likened the judges to “kings and queens” and the current “grand jury” to “useful idiots and scoundrels.” He has been incarcerated numerous times as a result of indictments issued by the illegally-constructed grand jury, and horrendous conditions inside the jail have been reported. A verbal assessment from a state official indicated that the Monroe County jail must be closed and a new one built in the near future.
When he observed the selection process for the grand jury members on December 7, Fitzpatrick stated that he witnessed “a criminal act,” with Judge Amy Reedy rifling through forms which collected personal information on prospective jurors and taking her pick of the individuals. The forms collected such personal information as spouse’s name, place of employment, cell phone and work telephone numbers, number of children, and occupation.
The probable cause hearing on the charge of tampering with government documents was held on January 17, 2012. A recording was made of the hearing which The Post & Email was able to obtain in full, with a partial section having been published here.
Fitzpatrick has visited the Knoxville FBI on numerous occasions and been told by an agent that one cannot expect a fair trial in Monroe County because “This is the way it is.” When we asked Fitzpatrick recently if he believed the FBI consisted of “good guys or bad guys,” he responded, “I think that they’re bad guys. We go back years now with Agent Whitehouse when I went to see him in April 2009 to talk about the stuff that’s been happening in Monroe County, TN. He said, ‘We can claim distress; we know how bad it is. We wouldn’t know where to begin to come in there.’ You don’t have this kind of circumstance running for 30 years without the FBI knowing about it.” There are oblique comments from deputies here who have said, ‘We’re not worried about the FBI.’ It’s been confirmed that the FBI is not our friend, and especially the guys working out of Knoxville. It makes sense, with everything hanging together. I’m making a record for the next action, when no one will have a place to run and hide.”
Has Monroe County prosecuted Fitzpatrick out of retaliation against his stance on Obama, and if so, is the FBI involved? Is the FBI now involved in investigating Obama, whose scant documentation is allegedly forged?
Fitzpatrick had gone to the FBI on December 6, 2011 and spoken with Agent Reanna Day of the Internal Affairs Division. “When I sent this most recent package in, I sent her a self-addressed, stamped envelope; I asked her for a business card and she refused; I’ve asked again, and we’ll see what she does now. So if they do do something to me, I can point to this record and say, ‘Excuse me, but you’ve been all wrong about this.'”
On the morning of October 27, 2010, Fitzpatrick had told The Post & Email that the Knoxville FBI said he could “expect a visit from the FBI” in response to his reports to them of government corruption in Monroe County. Within the hour, Fitzpatrick was instead arrested by four Monroe County Sheriff’s Department deputies, who broke through the door, tasered him repeatedly, and tore his left ear.
“They participated in this illegal search and seizure. They’re part of the reason why the search warrant was signed out. I reported the theft of this electronic home equipment to the FBI, naming [Detective] Conway Mason as a thief,” Fitzpatrick said. Conway Mason had signed an Affidavit for Search Warrant to seize the equipment on December 7, 2011.
During the hearing on January 17, Chief Court Clerk Martha M. Cook can be heard saying that the signature on the arrest warrant for Fitzpatrick was not hers, even though it represented her name. “I’m not the one that signed it,” she said. Fitzpatrick asked Cook if the signature, which appears in several places on the documents issued by the court, is a “forgery.” DM420173
The arrest warrant contains an incorrect address for Fitzpatrick. The search warrant was reportedly executed by the Monroe County Sheriff’s Department, the Tennessee Bureau of Investigation and the Federal Bureau of Investigation. Fitzpatrick’s computer and other equipment were taken and have not been returned. Contrary to the local news report, Fitzpatrick has told The Post & Email that he was not home at the time that sheriff’s deputies allegedly came to his home and that he did not find a note on the door as was reported to have been left by the Sheriff’s Department. Fitzpatrick also stated that the note was not produced at the probable cause hearing on January 17, 2012.
As noted by The Post & Email, potential grand jurors were asked to “fill out forms containing their personal information.” Should court personnel or judges have access to such personal information during the process of jury selection?
A “business card” left previously at Fitzpatrick’s residence by the Monroe County Sheriff’s Department in February 2011 turned out to be a scrap of paper with handwriting on it which had blown onto the front lawn, but Fitzpatrick said he did not find anything resembling that upon his return home on December 7, 2011.
A trial on the charge of tampering with government records is scheduled for March 26, 2012 at 9:00 a.m.
Is forgery now acceptable in the United States of America? Is it no longer a crime?
This story will be continued shortly to include the recorded admission of Judge J. Reed Dixon that “the judge picks the grand jury” and Fitzpatrick’s report of the incident to the Knoxville FBI.
There is a proven crime committed against Fitzpatrick which he has also reported to the proper authorities. It remains to be seen whether or not action will be taken.
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.