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by Sharon Rondeau

Judge Walter C. Kurtz had presided over Fitzpatrick's May 4, 2012 hearing at which he wore his dress Navy uniform

(May 30, 2012) — The Post & Email had published an article earlier today updated at 3:13 p.m. indicating that Assistant District Attorney General Paul D. Rush, who also identified himself as Fitzpatrick’s accuser in a case emanating from the “Monroe County Criminal Court,” asked the owner of Fitzpatrick’s address of record if he could speak to Fitzpatrick.  Fitzpatrick was not there, and the homeowner told Rush to send a letter.  After Rush asked the homeowner if he were assisting Fitzpatrick, the homeowner refused to answer.  Rush then called back to obtain the address, which was provided to him.

Rush has identified himself as Fitzpatrick’s accuser in a case of “tampering with government records.”

At approximately 4:10 p.m. EDT, The Post & Email received a call from the homeowners, who stated that Rush, accompanied by two McMinn County Sheriff’s deputies, had driven out to their home unannounced instead of mailing the letter.

“We just had three cars pull into the driveway.  I didn’t hear a thing; my grandson came in and said, ‘Grandma, there’s cops out here; they need to talk to you.  And there’s somebody else, an attorney?’  So I went out the door with him.  There were two deputies in separate cars.  The third car was Paul Rush.  Rush had one deputy in front of him and one behind him,” she said.

When we asked why they were at her property, the homeowner said, “They had to hand-deliver a motion which he said was filed on Friday that Walter could go to the records and look up.  Do you want to hear what their motion is?”

“Yes, what did they say?” we asked.

“This is a ‘Motion to preclude the defendant from wearing military uniform during trial.'” (laughs)  “Isn’t that hilarious that they had to drive out here with three cars…that uniform means that much?  I think it’s hilarious!” she said.

The homeowner reported that the stationery reflected “R. Steve Bebb” as District Attorney General for the Tenth Judicial District, and “Paul D. Rush” as Assistant District Attorney General.  However, Bebb has not been serving in that position for some weeks, having handed over his responsibilities to Assistant District Attorney General Jim Stutts.

While using the term “Tenth Judicial District” on its stationery, the “Tenth Judicial District” and all other new districts created by the 1984 laws were never fully implemented such that criminal cases would be reviewed by grand juries chosen from the districts and administered by clerks and judges belonging to the new districts.  Instead, the county criminal courts continued to operate as they had previously.

The letter delivered by Rush reads:

Comes the State of Tennessee, by and through the offices of R. Steven Bebb, District Attorney General for the Tenth Judicial district, and respectfully requests this court to disallow the defendant from wearing his uniform during official proceedings in this matter.  The state would show that 1) the state has been in contact with the U.S. Navy, who states that wearing the uniform in this manner would bring disgrace to the uniform and to the U.S. Navy, and 2) that wearing the uniform in this manner is a blatant attempt to gain favoritism with the court and jury.  Such communication may tend to bias the jury or cause them to consider factors outside the scope of this trial.  As proof, the state asks Your Honor to consider that on the status date for Mr. Fitzpatrick, the defendant stated that he wore the uniform as a salute to Your Honor and your service in the military and your four bronze stars.  Criminal proceedings should not be about saluting the judge or communicating with the jury about facts other than those at hand.

Wherefore, based on the foregoing, the state respectfully requests this court to enter an order disallowing the defendant from wearing his uniform during official proceedings in this matter.

In one of the motions Fitzpatrick filed last Thursday with Rush’s office, he asked with whom Rush’s office had spoken at the Department of the Navy claiming that the wearing of his dress uniform to court would “bring disgrace” to the Navy, as Rush had stated the same on May 4, the date of Fitzpatrick’s last court hearing.

The next scheduled court date is scheduled for June 28, 2012.  The first motion filed with Rush’s office last week disclosed that laws passed in 1984 and still part of the Tennessee Code Annotated preclude county courts from hearing criminal cases.

When we asked how long Rush and his entourage were there, the homeowner said it was long enough for Rush to exit his vehicle, approach her to ask if she would accept the letter, to which she answered in the affirmative, and then they left.

By the end of the interview, the homeowner was laughing again.

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  1. The issue of Walt in uniform is not really pertinent to the current proceedings but rather is just more of the administration, thru its minions, demeaning the veterans and military in general.

    The fact that Walt and Darren were Navy veterans was stressed in the sovereign citizen training materials. SPLC started it with the MIAC memo. And, it is being effective! And it shouldn’t be. This demeaning action on the part of the various federal agencies should stiffen the spine of veterans and drive them to be more active, not less.

    Certainly veterans are not going to fall for the statement that the federal prosecutor made that Darren’s sentencing: “would send a message to others and the public”?

  2. Just how is Walter bringing disgrace to the navy? He is using his constitutional right to due process and if that is a disgrace then so is the court he enters as well as the person at the navy that Mr Bebb claims as his adviser or more appropriately, his co-conspirator in violating Walter’s civil rights. Given the navy is under the command of Obama it is Obama that has entered the complaint calling Walter a disgrace. The same Obama that violated the posse comitatus act which precipitated this entire action against Walter. The web of deception is very thin, too thin to clothe the emperor.

  3. Has anyone realized that with this motion the DA has inferred that the judge could be swayed in the proceedings. If I were that judge I would be furious and let them know it full blast verbally.

  4. If Walt had actually been at the residence when the entourage arrived to hand him the motion, the combined ages of the three folks in attendance would have been right at 200 years, not counting the grandson.

    When will the gestapo of east TN get it thru their heads that they are not dealing with violent folks and never have been? To attempt to continue this charade just makes them look like fools.

    Hopefully Rush asked that McMinn County provide the escort and now that McMinn knows where they are going they will tell Rush to go pound sand next time he makes stupid demands.

    On another note, it would appear that Rush is still suffering from the drug withdrawal that he reportedly was put on leave for in the past. Instructing a judge is not the best way to gain his favor, especially if you are in as tenuous a situation as the one he is in.

    Rush is way over his head in this case but the other ADAG’s have been recused for various reasons or are out sick. After witnessing Rush’s performance at the previous hearing, there is a good chance that the next hearing could be career limiting or ending.

  5. Dear Sharon,
    Bottom line? Commander Fitzpatrick earned the right to wear the uniform wherever, and whenever he so pleases. To even suggest that the Commander would purposely and willingly bring even a hint of disgrace to the uniform and for which it stands for is totally abhorrent.
    The Commander took an Oath to support and defend the Constitution when he was sworn-in years ago, and it is plain to see that he is still bound by that Oath, for which he should be admired and applauded.
    Commander, if you are reading this, I, Sir, salute you.
    And now to DA Bebb. You, sir, never served, in any capacity, in the United States Military. You collect your welfare check by showing up for work, and rather spend your time productively, for instance, going after the criminals in Monroe County, specifically the Officers of the Court, from the judges, clerks, sheriff, on down to the last hired deputy, you convince yourself and your staff that you are serving the good citizens of the State of Tennessee by going after an honorable man, something you will NEVER be. Mr. Bebb, you don’t possess the integrity to even wipe Fitzpatrick’s boots.

  6. Sorry, I guess it is just my contrary nature. But if the motion to ban Walt’s uniform is granted, if I were in his shoes, I would file a counter-motion with the court to request that ALL uniforms be banned in court. Police officers and Bailiffs have no more business wearing their uniforms in court than a military hero does. After all, if Walt’s uniform might tend to bias the jury, might a policeman’s uniform also tend to bias a jury?