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SEVERAL MOTIONS FILED BY NEW COUNSEL

by Sharon Rondeau

(Aug. 22, 2012) — A trial scheduled for September 10, 2012 in the case against Walter Francis Fitzpatrick, III for allegedly “tampering with government records” in Monroe County, TN has been ordered continued by Judge Walter C. Kurtz.

Fitzpatrick recently retained Atty. Van Irion of Knoxville to represent him in the case for which a probable cause hearing was held on January 17, 2012.  Additional hearings were held on May 4 and June 28 during which Fitzpatrick represented himself.

Irion has filed cases challenging Obama’s constitutional eligibility to have his name placed on the ballot in Arizona and Georgia.  The Arizona case has been appealed to the Ninth Circuit Court of Appeals, and the Georgia case was passed over by the state supreme court and is now pending in the U.S. Supreme Court.

Irion is founder of the Liberty Legal Foundation, which also sponsored a class-action lawsuit against the health care law known as “Obamacare.”

A motions hearing is now scheduled for October 3, 2012 at 1:00 p.m.

On August 20, 2012, rion filed several motions on Fitzpatrick’s behalf, including a motion to dismiss claiming that “the grand jury member that signed the indictment and served as foreman of the grand jury that returned the instant indictment is disqualified due to service on successive grand juries in violation of Tennessee Statute, as enacted in 2008…” in an apparent reference to TCA 22-2-314, which reads:

Tenn. Code Ann. § 22-2-314

TENNESSEE CODE ANNOTATED
© 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.

HISTORY: Acts 2008, ch. 1159, § 1.

Top portion of Kurtz’s order dated August 22, 2012 setting October 3 for a motions hearing

The order was copied to Assistant District Attorney General Paul D. Rush and Atty. Van Irion, who is representing Fitzpatrick

A legal defense fund has been established to assist Fitzpatrick to pay attorney’s fees and possibly pursue other actions.

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gigclick
Saturday, August 25, 2012 5:13 PM

Thank you Atty. Van Irion of Knoxville for helping in this case on Walt’s behalf! It’s always good to see good men stand up and I hope justice will be swift and the truth will come through.

meyerlm
Saturday, August 25, 2012 3:28 PM

“FITZ”, this is better news than a “Bucket of Prop-wash!!
I am elated at the prospect of your having “Competent Legal Council” for your continuing battle in “The Plight of Fitz!”
As always, I stand in “Closed-Rank” and at your Flank!!
GOD’S SPEED, SIR~~