“THE GOVERNMENT IS REMAINING SILENT”
by Walter Francis Fitzpatrick, III
(Jun. 22, 2012) — [Editor’s Note: In the following interview,Walter Francis Fitzpatrick, III expounds on his discovery of laws passed in 1984 which were intended to reorganize the trial court system in the state of Tennessee. The laws were never observed, and it is unknown how many people are incarcerated after having been tried by juries outlawed by the legislature nearly three decades ago.
Fitzpatrick has a court hearing on June 28, 2012, on a charge of tampering with government records stemming from a grand jury selection process which took place on December 7, 2011. While Fitzpatrick considered the procedure illegal then, it has now been confirmed yet again. Fitzpatrick stated that he witnessed the judge hand-selecting the jurors in violation of a 2008 statute, although at the time he was not aware of the 1984 laws which rendered county grand juries illegal.
Judge Walter C. Kurtz will preside at Fitzpatrick’s hearing, at which time Fitzpatrick plans to ask Kurtz if the proceeding will take place in a county court or a district court in reference to the law.
While Fitzpatrick’s Motions submitted in his defense state, “In the Criminal Circuit Court of Tennessee’s Tenth Judicial District” to reflect the redistricting mandated by the 1984 laws, Kurtz’s responses to Fitzpatrick contain the heading “Criminal Court for Monroe County.”
Tennessee Code Annotated, the state statutes of Tennessee, can be found here.
On June 5, 2012, the judge dismissed 15 of Fitzpatrick’s 25 defense motions which were submitted prior to the May 25, 2012 deadline.]
At the district level, the judges were ordered to empanel grand juries twice each year, and the judges aren’t doing that. Instead, what we can point to by way of argument is that Monroe County had Gary Pettway who was in front of a county grand jury – actually, two each year – for a total of 28 years since 1984 for a total of being in front of 56 county grand juries, which are not found in Tennessee state statute. By looking at the 1984 law, you have to have at least two grand jury foremen each year, and they didn’t have that.
Remember when Gary Pettway was found to be missing from the 2011 grand jury, and Michael Thomasson interviewed Martha Cook, and she said that the judge can pick the foreman from wherever they want and they serve for two years? Well, that was a lie. They go to the Rules of Criminal Procedure, Rule 6(g), but the law in place since 1984 says you have to have two foremen each year. Cook was lying. And then Jim Stutts said that the judges get to pick these people whenever they want for however long they want. No, they can’t. You’re supposed to have two district grand juries with two foremen.
Then it was the county attorney under the former mayor of Monroe County who said they could pick them for as long as they want. They can’t conceal this anymore; the law says they can’t.
The top part of TCA 16-16-107 says that “the county court has original jurisdiction” in the cases of the probate of wills, real estate matters, payment of debts, and other civil matters.
We’ve taken this to people who are motivated to find that we are wrong, and all you hear is silence.
When the legislature reorganized the trial court system, they had to change not one thing, but several things. They had to present this trial reorganization as a package of changes, and people are trying to take this package and pull one part of it out. It’s an integrated whole; it comes as a very finely-machined package, like a Swiss watch. If you pull out a part, it’s going to stop working as a district system. So they’re running for the hills, trying to make it look as if what they’re doing is real. For Randy Nichols to say that a county court and a circuit court are the same thing…why? The whole system throughout the state had to change in 1984, and nobody did.
There’s a problem with their saying that Knox County, because it is its own district, is operating as a district court.
The Tenth Judicial District is made up of four counties: Monroe, Polk, McMinn and Bradley. We’re a few miles away from the Sixth District, Knox County. If the Tenth District had applied the laws in 1984 and stood up a district court and grand jury, then that would have forced other districts throughout the state to do the same thing, and they didn’t. So this has been a coordinated effort by the judges to run their own government. If any judge in any part of the state of Tennessee had placed into operation this integrated district trial court system which included all the parts, then that would have forced other districts to do the same thing. And of course, nobody did it. So this is a criminal organization to prevent the operation of the district trial court system as the legislature ordered it to be operated back in 1984.
Now, people caught in having been cooperating in the system – guys like Randy Nichols, Steve Bebb, Jim Stutts, all the judges I can name – they’re all in this together. It’s going to be very interesting to see how Judge Kurtz deals with this on June 28. One of the questions that’s going to come out of the box is, “Am I standing in a county court, or am I standing in a district court?” We have to get that squared away right quick!
Judge Kurtz left Motion #4 in place, which is a Motion to Dismiss. In that, I stated why there are several reasons why the case should be dismissed. One of them is that the county grand jury is not recognized in state law; it’s outlawed. Motion #2, which he tossed out, is exactly the same issue, but it went to seven pages in argument, and it dealt just with that single issue: that the county grand jury is outlawed. He threw that one out because he doesn’t want people talking in that kind of detail on the 28th. He can now go to Motion #4 and say, “Case dismissed,” and he can use any one of the six or seven different reasons I gave him and he can avoid the one that deals with the county grand jury. He can look right past that and say, “You’re right; there’s no accuser here, CDR Fitzpatrick; case dismissed.” He could say, “There’s nobody accusing you of this crime; no one has come forward to identify himself as your accuser; give him his equipment back.” That hearing could last ten minutes.
In the meantime, the cat is out of the bag, and several packages have been sent out to people, some of whom have been fighting the corruption for many years.
[Editor’s Note: Was the “grand jury” which indicted Fitzpatrick legally convened?
Fitzpatrick has filed a four-page Motion to Reconsider the dismissal of the 15 motions.]
People have become very wealthy using this system of government. It’s breathtaking.
This is massive. It shuts the state down as far as the trial court system goes. Some judge or prosecutor somewhere is going to understand that we’re not doing this right. Everyone who has commented on this: Martha Cook, who spoke with Michael Thomasson in January 2011; comments that Jim Stutts made to the press in 2010; the county attorney for Monroe County: they’re all lying through their teeth…and the Court of the Judiciary, as you well know. Everybody who was challenged with the fact that Gary Pettway was in that grand jury for more than two decades – and now we know almost three – all came in and said, “It’s OK.” They all said that a judge can do this. Maybe they didn’t know then, but they certainly do now. The law on the books at the time that they were making those comments, going back to 1984, said, “No, you’ve got to pick at least two foremen each year at the district level, and it’s the judge’s responsibility to do that, and then you’ve got to bring them into a district court, ” which is a trial court that is picking a trial jury from the district and not the county. We have absolute proof positive that the judges have been stacking the juries. More than that, they’ve been running their own form of government, making it easy for them to stack the juries. And they never thought they would get caught. So here we are.