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EXECUTIVE BRIEF

by Walter Francis Fitzpatrick, III, ©2014

Tennessee Attorney General Robert E. Cooper, Jr. says that the grand jury foreman is “not a juror,” can be appointed by a criminal court judge and serve for as long as the judge desires

(Apr. 24, 2014) — “Every jury has a leader and you’ll find the verdict there” — Author John Grisham

FOUND HERE is an egregious violation of black letter state statute demanding that the foremen must be “qualified” as jurors. “The members of the grand jury and petit juries shall be made up as provided by law from the jury pool” (Tennessee Code Annotated 22-2-310).

“The grand jury convened [under the provisions of Tennessee statutes] shall consist of (13) thirteen members [read jurors] and up to five (5) alternates” (Tennessee Code Annotated 40-12-206).

Under Tennessee’s Rules of Criminal Procedure, Rule 6: THE GRAND JURY: “The foreperson and the twelve qualified jurors whose names are first [randomly] drawn” as provided by law from the jury pool make up the grand jury.

The Tennessee Legislature’s intent is plain.

The grand jury is to comprise thirteen (13) qualified jurors.

Offered here is the metaphor of thirteen (13) cats to conjure a visual image. It is from that population of thirteen (13) qualified jurors (the thirteen [13] cats) that the grand jury foreman must be selected.

Now, with Tennessee Attorney General Cooper’s September 2013 confession in hand, the dirty little secret is out: “…the foreperson of the grand jury is not ‘impaneled’ from the ‘summoned’ members of the ‘jury pool.’ The foreperson [of the grand jury] is ‘appoint[ed]’ by the trial court.”

In September 2013 Attorney General Cooper represented that Tennessee statue statutes that otherwise apply to qualified jurors do not apply to the grand jury foreman.

The grand jury foreman is not a juror!

Whereas Tennessee statutes require thirteen (13) cats to populate a constitutionally recognized and competent grand jury, Tennessee criminal court judges have instead been rigging the grand juries, rendering them incompetent, populating this outlaw assembly with only twelve (12) cats and one (1) dog, THE FOREMAN!

This bell pealing loudly in this day cannot be unrung!

Illegally operating and incompetent grand juries stands of the core of criminal industry the machinery of which is being operated by local judges, prosecutors, court officials and law enforcement officers. This is the operation of a government not found in state or federal constitutions.

Punishment without a jury’s sanction is punishment without law; ATTAINDER in pure form.

Tennessee State criminal court judges and appellate judges continue to nurture the durable urban myth that grand jury foremen are really jurors and that countywide grand juries are functioning lawfully.

Instead, county grand juries are outlawed enterprises.

HERE ENDTH THE LESSON!

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