Jail Cell or Dungeon?

“VIGILANTE” JUSTICE

by Sharon Rondeau

From “inmate information” on McMinn County Sheriff Joe Guy’s website

(Mar. 26, 2014) — On Tuesday, The Post & Email was informed by a highly credible source that the district attorney general’s office for the Tenth Judicial District of Tennessee had filed a motion to revoke the bond for Walter Francis Fitzpatrick, III tied to a case in Monroe County and resulting from Fitzpatrick’s arrest last Tuesday by McMinn County sheriff’s deputies.

The District Attorney General for the Tenth Judicial District is R. Steven Bebb, who Fitzpatrick also named as a criminal in numerous complaints submitted to the grand jury.  Bebb’s office was the focus of a probe conducted by the Tennessee Attorney General and Reporter’s office which last year declared that, while it found mismanagement on Bebb’s part, his conduct did not rise to the level of criminality.

Judicial corruption is rampant in eastern Tennessee, which includes the Tenth District; in 2010, an FBI agent told Fitzpatrick that “we wouldn’t know where to start” in regard to its depth.

Dissatisfied with the attorney general’s findings, citizens of the district contacted their state legislators, who were reportedly considering removing Bebb from his post during the 2014 legislative session.  However, on Monday, the Athens Post-Athenian reported that the legislature exonerated Bebb of all allegations which had been under consideration.

Fitzpatrick appealed the Monroe County case and is awaiting a decision from a three-judge panel which heard oral arguments in November.

Tennessee Code Annotated 40-11-113 states that “…(4)  If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately.”

On Tuesday, March 18, Fitzpatrick was arrested at the McMinn County courthouse, where he had attempted to submit evidence to the grand jury that its foreman, Jeffrey Cunningham, was acting illegally.  Cunningham is a bank president and a licensed, active member of the Tennessee Bar Association (TBA) and was serving his third term as grand jury foreman, having been appointed by Judge Amy Reedy in 2012.

Fitzpatrick was charged with stalking, aggravated perjury, harassment and extortion, which are classified as felonies.

Just before Fitzpatrick’s initial court hearing on Monday, an attendee was informed that Cunningham had resigned the foremanship on March 4 and that the new foreman, by the last name of Wallace, was appointed by Reedy.

Criminal Court rules state that the grand jury foreman is chosen by the judge but that the foreman must “possess all of the qualifications of a juror.”  State law commands that jurors be selected at random from drivers’ license and property records lists to avoid “the possibility of human intervention.”  Instead, criminal court judges select their own foreman from the community by an unknown vetting process.

The District Attorneys General Conference agrees with state law on the definition of a grand jury:

…a group of thirteen citizens chosen from the jury panel. One of these thirteen is the fore person and will preside over the grand jury.

Court personnel from some counties have told The Post & Email that the foreman votes with the grand jurors as to whether or not to indict an individual; others have said that the foreman never votes with the grand jury.  The Tennessee Attorney General’s office contends that the foreman is not and has never been a juror.

The trial court judge presiding over the case now on appeal called Fitzpatrick a “self-appointed vigilante.”

State code requires 13 individuals to comprise a grand jury, but the court-appointed foreman apparently is counted as the 13th throughout the state.  Court personnel and judges represent that the foreman is a juror like all of the others.

Fitzpatrick had called for the immediate disbarment of Cunningham for serving as grand jury foreman as a licensed attorney with an interest in the field of “criminal law – prosecution.”  Cunningham had threatened to have Fitzpatrick arrested last month when Fitzpatrick went to the courthouse with a similar submission for the grand jury, which Cunningham would not allow the jurors to examine.

(4)  If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately. – See more at: http://statutes.laws.com/tennessee/title-40/chapter-11/part-1/40-11-113#sthash.Oys5kboP.dpuf
(4)  If any person admitted to bail pending appeal is indicted for or convicted of a separate felony offense while released on bail, the bail shall be revoked and the defendant committed immediately. – See more at: http://statutes.laws.com/tennessee/title-40/chapter-11/part-1/40-11-113#sthash.Oys5kboP.dpuf

Fitzpatrick first learned of grand jury corruption in late 2009 in Monroe County, where he found that the foreman had been serving for nearly three decades at the behest of Judge Carroll Lee Ross.  On April 1, 2010, Fitzpatrick attempted to carry out a citizen’s arrest on the foreman, at which point Ross ordered Fitzpatrick arrested.  Through a series of retaliatory measures, Fitzpatrick was held on five different occasions in the Monroe County jail, which is substandard and was condemned in 2012.

However, a new facility was never built, and the conditions are expected unchanged from when Fitzpatrick and others last reported on them.  Among the code violations inmates face are overcrowding, problems with plumbing and sanitation, rat infestation, cold temperatures, and at times, brutal jailers.

Fitzpatrick has called the Monroe County jail a “dungeon.”  It is believed that the conditions at the McMinn County Justice Center are better.

With the exception of murder charges, a defendant is entitled to bond (bail) by law.  Therefore, if Fitzpatrick’s Monroe County bond is revoked, the court should issue a new bond which would presumably be much higher than the original amount.

“Justice” in eastern Tennessee has been known to be carried out by criminality rather than by the law.  Fitzpatrick has long believed that former Elections Commissioner Jim Miller was murdered because of what he knew about the corruption in Monroe County.  Although Fitzpatrick named several people he said were the perpetrators, the Tenth Judicial District has not prosecuted them for Miller’s murder as of this writing.  Instead, a woman who could not have committed the crime alone was convicted of “facilitating” it.

Monroe County deputies have assaulted Fitzpatrick in retaliation for his exposure of local corruption.  Fitzpatrick and others expressing support for constitutional rights have been characterized by the Obama regime and the state of Tennessee as “sovereign citizens.”  Fitzpatrick named McMinn County Sheriff Joe Guy as a criminal for refusing to renounce the Sovereign Citizen training program, which depicts Fitzpatrick as a violent criminal, attended by his deputies.

Fitzpatrick believes that as a sworn officer in the United States Navy, it is his duty to expose corruption and unconstitutional actions wherever he observes them, even if it means sacrificing his safety, health or even his life.

On Wednesday, an observer close to the situation told The Post & Email that a large number of donations to the Fitzpatrick Legal Defense Fund operated by Fitzpatrick’s attorney, Van Irion, will be needed in the event that Fitzpatrick’s Monroe County bond is revoked, then reissued at a higher figure “if the court follows the law.”

Historically, grand juries were approachable by any citizen with evidence of a crime, but since 1946, when the Rules of Criminal Procedure were altered by Congress, many have observed that they have become a tool of the government.

This post was updated at 10:53 p.m. EDT.

 

One Response to "Jail Cell or Dungeon?"

  1. "Zeb"   Wednesday, March 26, 2014 at 6:14 PM

    So Walt’s bail was rescinded because he was accused of committing a crime; yet another east TN spin on corruption and nail in the coffin of “justice”.
    Walt has serious health issues which were aggravated during his last “stay” in the Monroe County dungeon. Will the 10th put more spin on their bail revocation for Monroe County to take custody of Walt and put him back in their solitary cell “for his own protection”? Take note that Walt lost 2/3 of his pension and as a result could never get the medical care he needed to get out from under the effects of the last incarceration. If he goes back to the Monroe dungeon they or it may very well kill him.
    Recall that Jim Miller was murdered, Darren, except of his presence of mind, would have been gunned down, and now Walt? The corruptocrats in Monroe county have blood on their hands. Are they out to get more? Monroe county officials must be made aware that they are being watched, closely!

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