Tennessee Prosecutors and Judges Try to Deny State Law

“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.

Page 1 of Judge Walter Kurtz's dismissal of 15 of 25 of Fitzpatrick's defense motions in a case to be heard on June 28
Page 2 of Kurtz's dismissal of 15 of 25 of Fitzpatrick's defense motions
Enlarged detail showing that Kurtz has indicated that Fitzpatrick's hearing is to take place "In the Criminal Court for Monroe County"
Order from Judge Kurtz stating that some of Fitzpatrick's motions "are frivolous and/or are simply not cognizable."
First part of list of dismissed motions
Remainder of list of dismissed motions
Remainder of page 2 of Kurtz's dismissal which includes the statement, "The Court will hear Defendant's evidence related to his allegations of improprieties in the grand jury proceeding, but only of the grand jury that indicted him in this case."

[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.

2 Responses to "Tennessee Prosecutors and Judges Try to Deny State Law"

  1. "Zeb"   Saturday, June 23, 2012 at 7:25 PM

    gigclick has hit the nail on the head. The veterans are not standing up. Only one veteran showed up at Huff’s sentencing hearing and only one veteran was at Fitz’ last hearing in Madisonsville.

    Darren’s “legal team” has found this, as well, and sees the only resource is to engage in Alinsky techniques. Liberals are most successful applying Alinsky’s “rules” so why would a conservative not do the same? Laying back on the couches and being conservative has not worked well so far.

    Time is running short. Aggressive moves must be made soon. One great place to start would be Walt’s next hearing on the 28th of June. Just a small number of veterans carrying Korea and Viet Nam baseballs caps would have a tremendous influence on the judge (who received four Bronze Stars in Viet Nam). Walt’s next hearing could be the turning point in the whole judicial corruption issue in east TN. It is imperative that Walt wins.

  2. gigclick   Saturday, June 23, 2012 at 1:29 PM

    The abilities and talents of the U.S. Navy goes far beyond boats and water. On sea, under sea, Naval Aviation and if you need real fast action- SEALS (Sea/Air/Land) was created to deal with real unfriendly people. Here, we are seeing the brilliance of a retired Naval Officer/Distinguished Naval Academy Graduate and seasoned high grade Officer being challenged to stand for his experience and abilities and integrity while trying to serve a Criminal Presentment to carry out his sworn duty to protect the Constitution and POTUS against foreign and domestic enemies, treason, fraud and corruption of our highest office. He seems to have run into a corrupted system of “officials” and local “public trustee” fools that have important personal interests at stake, certainly not the interests of the “public”, like keeping a “government” paycheck and or staying out of jail/prison for hidden crimes. We are also seeing the fraud, conspiracy and organized corruption of “public trustees” in a system and society that has been quietly out of control since the end of Vietnam in 1975. Lack of accountability, greed, document falsification or ignorance of law (obfuscation) has now added up to the big trainwreck that many knew was coming many years ago. People in position of authority have been the enabling factors in all areas of government, business and education that have allowed this to arrive at it’s current level. Lower level workers in all fields have seen this going on for decades but with management based on “threat and intimidation”, few people were willing to come forward as the consequences were not thrilling that were enforced by upper levels for exposure. It has been going on for a long time and here we see another long story of the same in Tennessee Law which could be at any level in state, county, city, military, public trustee’s, law enforcement, federal service, etc. Most of these organizations have little or nothing for internal accountability or self checks that would reveal wrongdoing, waste, corruption or coverups especially at upper levels. Management has the “tools” to make sure no one has “seen” anything. Most military Veterans know what goes on and we also know that very little can be done in most cases because the people permeating these violations are the ones in authority and it is almost impossible to indict, prosecute or expose wrong activity in upper levels. The word “untouchable” becomes reality as we are seeing in the current “administration” that is destroying the country before our eyes. What about the Republican Commissioner Jim Miller in Monroe County whose body was found in the trunk of a burning car that was murdered? Will his family or the murdered Border Agent’s family see closure any time soon? Was it local police officers on a little “off duty” activity that were responsible or other government “officials” that were responsible for Jim’s life ending? People there had reported on shake downs being done to people in the town by police force members to vote or do other things a certain way, I guess Jim didn’t do what they wanted him to do. We haven’t heard any more on that investigation recently. Very quiet, like many things in DC with this “Democratic” administration. Not all “public trustees” were Veteran but all Veterans are or were “public trustees” and we are tired of all the other “trustees” that have chosen CORRUPTION over doing their sworn duty and serving the people. If it continues, there may be a lot more than “peaceful protests” by college students trying to find a job in a society locked down by Democrats without any scruples. 1 million Veterans recently visited DC and yelled bad words and made bad signs as they rode past the “White House”, a sign of complete distrust, disgust, loss of respect and a warning to corrupted “Officials”. Obama also prevented Veterans from visiting “The Wall” on a very sacred day to Veterans which was “blocked off” because he was giving one of his phony speeches near the area. As Veterans of the American Military, we will die for the Constitution, the Military and the Freedom that America stands for. What the corrupted don’t understand in DC or any other “offices” is that the majority of Veterans don’t like, want or support the corrupted people that are running the government and continuing to spread corruption, theft, lies and ruination of America and what it stands for to their personal gain. They like laughing behind closed doors but we see through them. We want these people removed and if they continue “business as usual” there will be a price to pay. Cowards have no place in business, military or government, we need leaders with experience, intuition, ability to sacrifice self for the people, compassion, leaders and doers that will accomplish the task. Others need not apply. They have blocked Constitutional means to remove them and misprision of felony is not acceptable but is currently a way of life for them. The alternative of people taking back the government is not an easy one and very difficult. If the survival of America calls upon the Veterans to do so, anything is possible and reinstalling the Constitution would be the first call on the list so that we could legally prosecute the corrupted officials that are operating unrestrained at this time. I still think that having a Veteran’s Thunder Bike Ride to Monroe County would be a good thing, especially to see how much “Patriotism” and love for Veterans is still there in the “County”. Maybe we could carry little American Flags with Jim Millers picture below it. Do you think about 1.5 million Veterans would be enough? Maybe we could all show up at the trial for LTCDR Walt Fitzpatrick and show a little “Veteran’s Support”. Maybe we could visit the “Police Department” there and thank some of the members there that might be Veterans for their “service”. Maybe we could ask some other questions also. Maybe we could ask for LTCDR Walt Fitzpatrick’s belongings and respect to be returned to it’s rightful owner and for the law to be returned to “The 1984 Statutes” as required by State Law, not their own law. I think the violators had better be prosecuted and to discontinue to try to destroy a Naval Officer with an outstanding career for trying to protect America, do his sworn duty and be a real man. Looks like there is a real shortage of real men in “public trustee” service there. I haven’t seen any others “standing up” for what is going on. Maybe that 1.5 million Veteran Bike ride would be good, to show “officials” there what real men look like, they seem to get awful scared when they see one. How about 1.5 million? We’d be real glad to demonstrate our skill levels anytime.

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