“THE JUDGE HAS RULED ON THIS…TIME TO MOVE ON”
by Sharon Rondeau
(Jul. 6, 2012) — The Post & Email is in receipt of the full audio recording of the court hearing held on June 28, 2012 for Walter Francis Fitzpatrick, III on a charge of “tampering with government records.”
Shortly after a status hearing on May 4, 2012, Kurtz scheduled a trial date for September 10, 2012, although Fitzpatrick never received the notification which Kurtz said he mailed on May 7, 2012.
Fitzpatrick has been exposing corruption in Tennessee for more than three years, beginning when he learned that the Monroe County grand jury foreman, Gary Pettway, had been serving in the position for more than 20 years consecutively. Later he learned that Pettway had no appointing order and there was no evidence that he had ever been sworn in. Fitzpatrick has proved that the “grand juries” routinely contain people who by law should not be serving, and at a trial on December 1, 2010, the judge was placed in the position of dismissing a juror who admitted that he had served within the last 24 months in violation of the state statute, TCA 22-2-314.
Fitzpatrick had attempted to file a criminal complaint of treason against Barack Hussein Obama with the grand jury in September 2009 with subsequent renewals of the complaint since that time. Having stood virtually alone in his claim nearly three years ago, others have or are now voicing the same accusation.
“We haven’t found this kind of corruption of this magnitude at any other time in this country,” Fitzpatrick said.
Originally from the West Coast, Fitzpatrick moved to Tennessee in 2007 to assist a member of the U.S. Army after he was court-martialed for alleged war crimes in Iraq. In April of last year, the conviction against Ray Girouard was overturned by the U.S. Court of Appeals for the Armed Forces. Fitzpatrick had been court-martialed himself in 1990-91 after having been accused of misusing ship’s funds appropriated for travel expenses of escorts to attend the funeral of Capt. William Edward Nordeen, who was killed in a car bomb attack in Athens, Greece in June 1988. Fitzpatrick has denied the charges and stated that someone signed his name to a confession letter that he had never seen.
The Post & Email contacted the U.S. Navy approximately eight weeks ago to request their response to Fitzpatrick’s claims but have received no response.
Since conducting a citizen’s arrest of the Monroe County grand jury foreman, Gary Pettway, on April 1, 2010, Fitzpatrick has been incarcerated in the Monroe County jail five times; beaten, tasered and had his left ear torn during an arrest by four sheriff’s deputies; been robbed of most of his furniture, appliances, personal effects and a substantial amount of cash by members of his former Sweetwater community; received death threats, and had the majority of his military pension garnished by the IRS. On the evening of December 7, 2011, his computer equipment was confiscated in a SWAT-team raid by members of the FBI, TBI, and Monroe County Sheriff’s Department ostensibly to search for the missing court documents in electronic format.
Toward the conclusion of the June 28 hearing, Assistant District Attorney General Paul D. Rush stated that the TBI currently has possession of Fitzpatrick’s computer equipment and is looking for “email” and other evidence. Kurtz ordered that all equipment not germane to the upcoming trial be returned to Fitzpatrick. Fitzpatrick has told The Post & Email that he had not turned on his computer that day and there is nothing relevant to the documents to be found.
In apparent concert with the Monroe County Sheriff’s Department, the U.S. Department of Justice, TBI, FBI and Department of Homeland Security have launched a disinformation campaign against Fitzpatrick and Darren Huff, who was sentenced in May to four years in prison for committing no crime.
The most recent charge of tampering with government records arose on December 7, 2011. Fitzpatrick stated that he picked up handouts from a table in the lower level of the Monroe County courthouse that day after witnessing the selection of the two new Monroe County grand juries. He stated that the papers and brochures on the table were designated as available to the public. The Post & Email reported previously that the chief court clerk, Martha M. Cook, had said during his probable cause hearing on January 17, 2012 that the court had attempted to reach him about the return of some of the papers after they discovered them missing from the courthouse.
While a sheriff’s deputy went to Fitzpatrick’s house and left a note about the misplaced documents, Fitzpatrick was at the local post office mailing them to The Post & Email as what he later told us was “evidence of a crime” in regard to the grand jury selection process which he had witnessed earlier that day.
After Fitzpatrick asked Judge Kurtz about the “overarching issue,” which type of court he was “standing in” given the 1984 statutes which had ordered restructuring of the courts, Kurtz replied that he had read Fitzpatrick’s arguments and that he was standing in “the circuit court in Monroe County.” Kurtz referred to Fitzpatrick’s presentation of the unobserved statutes in his defense motions by saying, “The judge rejects these arguments about the 1984 amendments to the statutes to create some ‘super-court’ with some ‘super grand jury’….”That’s just not the law. That’s the ruling of the judge.” DM420333_A
Throughout the hearing, Kurtz referred to himself as “the judge,” in the third person.
Fitzpatrick was then asked to speak about his objections to the indictment. Kurtz questioned Fitzpatrick as to what he meant by “counterfeit” in referring to the charging documents used to arrest him on December 7 and confiscate his computer and printers. The head clerk in the Monroe County clerk’s office stated at the probable cause hearing that she did not sign the documents. Kurtz conceded later in the hearing that “it’s not a good idea” for a deputy clerk to sign someone else’s name to a charging document but said that the name of the person who signed the charging documents was “immaterial.”
Kurtz did not see a problem with Assistant District Attorney General Paul D. Rush acting as Fitzpatrick’s accuser.
Fitzpatrick told Kurtz that on January 17, Judge J. Reed Dixon had ordered a “new grand jury” to review the evidence against him on March 13, 2012 but that the foreman from 2011, Faye Tennyson, served as its foreman. Referring to the 2008 statute, TCA 22-2-314, Fitzpatrick told the judge, “A juror is a juror is a juror…” and that Judge Jon Kerry Blackwood had said that the foreman is the same as any other juror. Kurtz then said that he didn’t want to disagree with “his colleague,” but “That’s not what Rule 6 of the Tennessee Rules of Criminal Procedure say…”
Rule 6(g)2 of the Tennessee Rules of Criminal Procedure states, “(2) Qualifications of Foreperson. The foreperson shall possess all the qualifications of a juror.” The 2008 statute says:
© 2012 by The State of Tennessee
All rights reserved
*** CURRENT THROUGH THE 2011 REGULAR SESSION ***
Title 22 Juries And Jurors
Chapter 2 Selection and Attendance of Jurors
Part 3 Jury Selection and Attendance
Tenn. Code Ann. § 22-2-314 (2012)
22-2-314. Limitation on jury service.
A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.
Nevertheless, Kurtz maintained that there is nothing wrong with foremen serving consecutive terms, citing two lawsuits. DM420333_B_1_A “I rule unequivocally that a foreperson can sit in consecutive grand juries, and in some jurisdictions in the state, they sometimes sit for multiple years…” to which Fitzpatrick said, “I have not been able to find that in Tennessee law.” Kurtz then said forcefully, “I cited the two cases; that’s my ruling; next issue.”
After a back-and-forth exchange between Paul D. Rush and Kurtz, Kurtz declared that Fitzpatrick would be allowed to wear his Navy uniform to the trial on September 10, as he had on June 28.
Editor’s Note: A subsequent report on the June 28, 2012 hearing will follow this one and will include Paul Rush’s complaints about this writer’s work and publication.
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.