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TENNESSEE JUDGES HAVE DENIED CITIZENS THE GREATEST CONSTITUTIONAL PROTECTION FOR DECADES
by Walter Francis Fitzpatrick, III
(Apr. 25, 2012) — During the time that I was in jail in November 2011, a man came into the cell named Randy Graham. He had been transferred from the northwest correctional complex from the Tennessee state penitentiary system. Mr. Graham was here for a hearing; his attorney is Tyler Weiss. Mr. Graham has challenged his conviction, and it’s now going up through the system based upon Mr. Pettway’s 28-year illegal stance in the Monroe county, TN grand jury.
When I use the term “grand jury” as it applies to Monroe County, TN, I’m talking about the assembly of people who have appropriated the name of “grand jury.” While Mr. Graham was in the cell with me, he had paperwork with him which was appropriate for him to have in the days moving up to his first hearing. He showed me the documentation that he had.
One of the letters that he showed me was one in which he had sent a request to Martha Cook for copies of any appointing orders for Mr. Pettway. I asked Mr. Graham if he would leave a copy of that letter with me and he said, “No, I’m going to keep it with me,” so I said, “OK, fine.” I’ve written to Mr. Graham to try to get a copy of it. The letter I saw was signed by Martha Cook in a return letter to him; it’s a recent letter. It’s in Mr. Graham’s file and his attorney, Mr. Weiss has access to the letter. It contains a declarative sentence saying to Mr. Graham, “There are no appointing orders naming Gary Pettway as foreman.” I’ve seen it; I’ve touched it; I’ve read it.
When I was briefly released on the fifth of December – I got out on the third – I went into the Monroe County, TN courthouse to submit a public records request for Martha Cook’s response to Randy Graham’s letter, which was dated either May 26, 2010 or May 26, 2011, and Cook told me that “it is not on file in the Monroe County courthouse.” This is very important. Martha Cook, in a letter to Randy Graham, said there are no appointing orders naming Mr. Gary Pettway as the foreman. She said, and this is in her handwriting, “letter not in files.”
The letter I saw that Mr. Graham had in his file, which should be on file as a public record, with the Monroe County courthouse, is not on file there. It has a clear, declarative sentence that no records exist that Mr. Pettway was ever appointed.
[Editor’s Note: Fitzpatrick had received a similar letter from Martha Cook dated September 16, 2011, stating that “this Office is unable to provide you with either all or part of the requested records. The basis for the records is that this office does not maintain a list of all of the foremen for the requested years and that in order to provide such a list, we would have to search through the minute books and compile the information and essentially create a new record…”]
I asked for appointing orders, and she came back and said, “We don’t keep lists of foremen.” I remember saying to you that I didn’t ask Martha Cook to construct a list; I didn’t ask her for a list of names of foremen. I asked her for copies of documents that should be in her records if they were in existence. They’re not new records that she would have to create. I’ve asked for appointing orders, and we know that there is at least one appointing order that Martha Cook could have given me, and that would have been the one for Faye Tennyson, but she didn’t give me that. So what that letter from September tells us is that there are no records, ever…we have some sense of when Mr. Pettway came onto the stand as a grand jury fake foreman – back in 1982 is the best date that we can come up with.
The letter I have is as powerful as the one Mr. Graham has, but just in different words.
In other words, Martha Cook knows exactly what’s going on and is trying to talk herself away from this. She is being purposefully evasive and purposefully deceptive and disingenuous. She’s lying to us. It’s dissembling; it’s prevarication; it’s mendacity. She knows the truth and is trying to hide the truth about how things have been working in the Monroe County, TN courthouse because she knows that she’s been involved in a longstanding, very serious state and federal felony crime syndicate. She’s lying to us.
This is the big picture: I have read several articles that have represented our most important constitutional right, the protection that we find in the Constitution as being that of a jury trial, an impartial jury taken randomly from the community. I have read over and over again about how people recognized that as being our most important constitutional right. I have read histories of juries; I have quotes, the same ones I’ve handed out before. Our best protection against an overreaching, tyrannical government is a jury: a grand jury and then a trial jury. It’s to prevent the government from acting against us unlawfully. That’s what this is all about here in the state of Tennessee. We found out right here in Monroe County, in the courthouse, in Madisonville, that judges and court officials have taken away the jury from us. They have replaced it with “It looks like a jury; it has appropriated the name of a jury, but it’s really not.” It’s a group of people who have been conscripted into service, and they are servants to a judge. They are not independently-operating organizations in place to protect the accused against an overreaching, tyrannical government. That’s the big deal here. We have that information in a way which cannot be argued, and because it is so affirmed, so firmly established that the judges here have been acting as criminally as we know they have been acting, we are getting the kind of responses from government that we have been seeing as it goes to the case with Mr. Huff, with me, and with anybody else who have tried to stand up and say, “Excuse me, but we’re operating a government here which is engaged in treason. It’s not a government found in our constitution, either state or federal.” That’s the deal here.
I’ve told everybody I can think to tell about this, and some people have responded and reported this thing as the constitutional crisis it really is, and we have the other organizations like TIME Magazine which are trying to cover up what’s going on here, to protect tyrannical government. The free press has been taken over; it’s been bought out. So we have the two extremes: we have The Post & Email on one hand and TIME Magazine on the other.
Editor’s Note: Part 2 of this interview will be posted shortly. Walter Fitzpatrick has a hearing scheduled for Monday, April 30, emanating from court documents with forged signatures and an improperly-empaneled “grand jury.”
Contact information for Tennessee Gov. Bill Haslam is here.