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by Sharon Rondeau

(Aug. 17, 2012) — A man identified by Walter Francis Fitzpatrick, III as having helped to commit the murder of Monroe County Elections Commissioner Jim Miller in July 2010 has reportedly testified that a woman in custody for two years for the crime is the guilty party.

A motive of robbery had been advanced by the prosecution, but the defense has challenged it because the jewelry was not stolen, but rather, found with Mr. Miller’s remains.

Jessica Kennedy Powers has been jailed since October 2010 on charges of murder, arson and other offenses and has provided varying reports of what might have happened to the 60-year-old businessman.

Steele testified that “I may be guilty of drugs, may be guilty of this and that, but I never killed nobody.”  Kennedy Powers stated that Steele “had hit her, shot at her, stabbed her and kidnapped her.”

Powers’ defense attorney, John Eldridge, has accused prosecutors of withholding information in the case and lying in a case involving another of his defendants.  Prosecutorial misconduct is also alleged in the Tenth Judicial District Drug Task Force.

Fitzpatrick has stated since May of last year that Miller’s death was “a government hit.”  Testimony on Wednesday from Sheriff Bill Bivens and TBI lead investigator Bill Brakebill contradicted the TBI’s “lead investigator” status and raised the question as to why Brakebill said he did not follow up on leads provided by Kennedy Powers that Bivens and Monroe County Sheriff’s Department Captain Michael Morgan were involved in the murder.

A detective for the Monroe County Sheriff’s Department, Doug Brannon, testified about two rings and a watch found on Miller’s body which were not charred, even though the car was set on fire following Miller’s brutal demise.  Questioning the robbery motive alleged against Powers, defense attorney Eldridge asked, “And they are fairly valuable, are they not?”

With the sheriff’s department allegedly under investigation in the days following Miller’s murder because Capt. Kenny Hope was identified as a person of interest, why was a detective from that department testifying?

Brannon was the detective who testified in the Michael Ellington trial for which only one forensic test was performed and no police report available.  He tried to build a case against Powers by stating that she “knew too much about the case.”  Fitzpatrick told The Post & Email this morning that as in the Ellington case, no forensics have been provided at Powers’ trial to prove the prosecution’s charges against her.  “Is there a police report in the murder of Jim MIller?  Is there any forensic analysis report from an independent agency such as the Tennessee Bureau of Investigation to tell the jury what the evidence told us about the crime?” he asked.  “You put these things under a microscope to find out what the evidence tells us about the nature of the crime.  There is no forensic evidence report that I can find; Brannon wings it, the same way he did in the Michael Ellington trial,” Fitzpatrick said.

In a six-part series on corruption within the Tenth Judicial District of Tennessee, prosecutorial and grand jury foreman misconduct has been alleged.

Boonie Stokes, another man Fitzpatrick and Powers have named as being involved in the murder, “may testify” on Friday, according to the Knoxville News Sentinel.

As Fitzpatrick has been reporting for nearly three years in addition to having been arrested and jailed on numerous occasions by the Tenth Judicial District, prosecutors and long-serving grand jury foremen appear to have improperly influenced grand jurors about to consider evidence against a defendant.  Without a properly-empaneled grand jury, indictments are thrown into question.  Without proper indictments, a case cannot proceed to trial according to the Fifth Amendment to the Bill of Rights, ratified in 1789.

A member of the Bradley County grand jury claimed that law enforcement officers “say anything they have to to get a conviction” and “get angry” when questioned.  He also told the Chattanooga Times Free Press that, “the grand jury foreman sometimes didn’t actually count the jurors’ votes,” which coincides with Fitzpatrick’s claims of undue influence by former Monroe County grand jury foreman Gary Pettway after having served for 28 years.

Former McMinn County grand jury foreman Joe Riley has also been accused as having wielded undue influence over the grand jury members.

Fitzpatrick has accused Judge Walter C. Kurtz, who is also presiding over the Powers trial, of making law from the bench and denying existing laws which ordered the county courts to reorganize into districts 28 years ago.  Fitzpatrick also stated more than two years ago that Tenth Judicial District prosecutors Steve Bebb and Jim Stutts were “criminals.”

“Now we have everything we need.  This is the kind of behavior that one would expect from a jury which has bene picking its foreman by hand,” Fitzpatrick said.  Kurtz had used a judicial opinion from 1972 to justify the use of a grand jury foreman for multiple terms and even decades to respond to Fitzpatrick’s claim that a foreman should be dismissed with the rest of the grand jury.  “No matter what that judge thought in 1972, the legislature changed the law.  We’ve had two different laws put into effect which say that we have new foremen twice in a year, and once these foremen are done with their duty, they can’t come back and serve on any jury for 24 months,” Fitzpatrick said, referring to TCA 16-2-510 and 22-2-314.  “They’re not counting the votes’ they’re trying to influence the votes…”

Assistant District Attorney General Paul D. Rush has tried to paint Fitzpatrick as “criminally insane” and The Post & Email as lacking in integrity during court hearings for Fitzpatrick in a case involving an allegation of stolen government records.

In the past, judges have selectively allowed journalists into the courtroom to record the events, but the Times Free Press and Knoxville News Sentinel have been covering the Miller case extenisvely.

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  1. This is getting more interesting by the day. Every department from top to bottom is in question of violations from corruption, fraud, obfuscation of Tennessee State Judicial Orders to change laws, LEO’s on multiple violations, murder, citizen shake downs, illegal use of prisoners for personal gain, multiple jury violations, Judge and Jury misprision, illegal arrests/imprisonment, creating TBI/FBI false flag situations wasting taxpayer funds and civil and legal rights violations, Rico Act violations, excessive force arrests and abuse of authority on false imformation, private property and 1st amendment violations, etc./etc./etc. !! Sounds just like something Obambi/Hillary/Pelosi would order! Especially if they thought the facts and people involved would expose their plan for theft and more power grabs and might cause Bari Malik Shabazz to force Perkins Coie DNC Law Firm in Seattle to turn over Obambi’s papers and stop hiding Bari’s background and let us know his Art. 2 legality since he was falsly vetted by Pelosi/Biden on the DNC papers. All the tit-a-tat and posturing won’t change the fact of his hidden identity/background/falsified POTUS and refusal to show the American public who this man is that is using a false SS number and that he and Eric “Black Power” Muslim Holder are both radical Muslim’s trying to destroy the U.S. and what it stands for and obfuscate our Constitution while keeping citizens from serving any Criminal Grand Jury Presentments to get them prosecuted. LTCDR Walt Fitzpatrick deserves “The Medal Of Honor” for being the first to serve Treason, Perjury and Election Fraud charges on Obama/Pelosi. The American people have been forced into a fraud and treasonous leadership that the judicial and Obama supporters refuse to admit. How do you steal $1.2 trillion from the taxpayers and use the 5th Amendment? Why haven’t we seen pictures of the $35 million dollar mansion that Obama’s secretary is brokering for purchase in Hawaii for Obama’s “retirement”?? Where did that money come from? The New Orleans Funeral Home “money front” or just bundled away in the Solyndra $550 billion scam? Don’t ask, don’t tell? Sorry, we’re askin with Issa, Sheriff Joe Arpaio and others when will these criminal acts be fully investigated and prosecuted for what they are? Not only are they guilty of all the above but also the murders of all the troops forced to endure ROE, our Ambassador, thousands of Mexican citizens that were killed with “Fat and Furious” gun deals, our border agents that have been ignored by all lack of action on any investigation. Holder, another “Black Power Muslim” has to face trial on what he has done to the security and trust of the DOJ and the damage it has done to our other good agents that have had to sit back and watch these criminal trash operate incontrolled. Our Military has also endured grave damage by allowing Command Racketeers to operate and carry out damage to our Military and members.