AND RESPONSE TO MCMINN COUNTY JURY VERDICTS
by Sharon Rondeau
(Jul. 9, 2014) — Some potential donors to a new GoFundMe account for CDR Walter Francis Fitzpatrick, III (Ret.) have commented that they are uncomfortable with their identity appearing with a donation. In response, The Post & Email has discovered that a donor has the option to mark his donation “anonymous” to avoid it.
We give donors the opportunity to easily make their donation or contribution private to the public by click the box under the “Name” Fields. While these anonymous donations are private to the public, the information is available to the page creator.
Fitzpatrick was convicted on June 24 by a McMinn County, TN jury for “aggravated perjury” and “extortion” despite the fact that the original accuser, Jeffrey Cunningham, stated under oath that he did not file a formal complaint against Fitzpatrick at any time. No police report, record of alleged confrontations, emails, phone calls or any other communications was produced to support the four charges which appeared on a “true bill” issued by the McMinn County grand jury.
Fitzpatrick had been attempting to advise the same grand jury of criminal activity on the part of judges, prosecutors and Cunningham himself for participating in a charade in which he did not divulge to the grand jurors that he was in reality a judicially-appointed employee of the court.
During the trial, Cunningham referred to himself as “a juror,” but according to Tennessee law, jurors must be selected by automated means. TCA 22-2-301 states:
© 2014 by The State of Tennessee
All rights reserved
*** Current through the 2013 Regular Session ***
Title 22 Juries And Jurors
Chapter 2 Selection and Attendance of Jurors
Part 3 Jury Selection and Attendance
Tenn. Code Ann. § 22-2-301 (2014)
22-2-301. Automated selection of names for jury list.
(a) The jury coordinator in each county shall select names of prospective jurors to serve in the courts of that county by random automated means, without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. The names, which shall constitute the jury list, shall be compiled from licensed driver records or lists, tax records or other available and reliable sources that are so tabulated and arranged that names can be selected by automated means. The jury coordinator may utilize a single source or any combination of sources. The jury coordinator is prohibited from using the permanent voter registration records as a source to compile the jury list.
(b) The jury coordinator shall repeat this procedure as often as reasonably necessary, but in no event may a list be retained for more than two (2) years. Prior to repeating this procedure and compiling a new jury list, no person may add to or take from the existing list, except as provided in this part.
(c) Notwithstanding the provisions of title 2, chapter 2, part 1 to the contrary, any voter registration form created on or after January 1, 2009, by the state coordinator of elections shall clearly state on the registration form the following: “Names of persons selected for jury service in state court are not chosen from permanent voter registration records.”
Cunningham also testified that he was asked to serve in late 2011, he received a phone call “at home” from Judge Amy Reedy asking him to be her “new grand jury foreman.”
Last year in Davidson County, it was discovered that the grand jury foreman, who was judicially-selected, was a convicted felon and was barred from serving by state law. District Attorney General Torry Johnson III had stated at the time that improved “background checks” of grand jury foremen needed to be conducted. An article published by News Channel 5 incorrectly states that “under Tennessee law, the foreperson is selected personally by the Judge who oversees that term’s panel,” but describes a grand jury as “a panel of 13 citizens of the county who meet to hear evidence of criminal activity to determine if there is probable cause to require a defendant to stand trial in a criminal case.”
There is nothing in Tennessee law which creates a special position of “grand jury foreman” to be chosen by a judge. Grand juries in the Tenth Judicial District comprise 12 jurors and the judicially-selected foreman.
After Fitzpatrick challenged Cunningham’s legality in several successive petitions between January and March, Cunningham threatened to have him arrested and refused to give the information to the grand jury. Tennessee code states that any citizen may bring evidence of a crime committed within the county to the grand jury. During testimony, Cunningham told Fitzpatrick’s attorney that he “thought” he had the authority to block a petition from the grand jury’s purview.
As a result of the jury’s verdict, any American can expect to be arrested and convicted of felonies for bringing evidence of a crime to a county, state or federal grand jury.
Since Monday, many have placed phone calls to the U.S. House and Senate Judiciary Committees to demand an investigation into the Tennessee courts, which routinely “rig” the juries to obtain the results they desire. Local sheriffs are paid a daily sum for each inmate housed in their jails, and overcrowding, lack of sanitation and medical care, and cruelty on the part of jailers have been reported by inmates in the Monroe County jail.
Fitzpatrick has been jailed seven times as a result of his exposure of illegally-operating grand juries and trial juries in eastern Tennessee. He inadvertently discovered the longstanding practice of hand-picked grand jury foremen in late 2009 after submitting a complaint naming Barack Hussein Obama in the commission of treason against the United States of America as a result of his status as a “foreign born domestic enemy.”
While vilified then, members of Congress from both political parties have begun to react with shock and disbelief at Obama’s orders to the U.S. Border Patrol to admit, house, provide medical care for, and transport around the nation tens of thousands of illegal aliens, many of whom are carrying diseases and have criminal records in their home countries.
Because Obama’s long-form birth certificate and Selective Service registration form have been determined to be fraudulent by a criminal investigation, the public does not know where Obama’s “home country” is. His biography originally stated that he was “born in Kenya” but was changed in 2007, shortly after he announced his candidacy for the presidency, to say that he was “born in Hawaii.”
Article II, Section 1, clause 5 of the U.S. Constitution states:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
Like many other Tennesseans before him, Fitzpatrick is facing a possible lengthy prison sentence following a conviction by a tainted grand jury and sham trial. His attorney, Van Irion, has been working pro bono and will use all funds collected to pay for filing fees and court costs already incurred.
Citizens who are outraged at Fitzpatrick’s convictions by the McMinn County trial jury are calling the following numbers:
U.S. House Judiciary Committee: 202-225-3951
U.S. Senate Judiciary Committee: 202-224-7703
Email address to send information: email@example.com
Judge Jon Kerry Blackwood: 865-594-6118
On Tuesday, a caller reported that aides answering calls for the House and Senate Judiciary Committees were cordial and provided an email address for citizens to provide more information on judicial corruption.
Callers can stress that there is a federal connection to the corruption in the Tennessee courts. A habeas corpus petition filed on January 30, 2012 while Fitzpatrick was incarcerated in the Monroe County jail received no response until Fitzpatrick was unexpectedly jailed on March 18, 2014, when it was denied within hours.
Unbeknownst to Fitzpatrick, the petition was forwarded to the Sixth Circuit Court of Appeals in Cincinnati, OH, of which he was informed by means of a letter which asked him to justify why the court should review his untimely-filed complaint.
The Post & Email has twice corresponded with the Sixth Circuit on matters pertaining to federal prisoner Darren Wesley Huff, who was arrested on an affidavit submitted by FBI Special Agent Mark Van Balen which contained false information and invoked Fitzpatrick’s name in an alleged scheme to “take over the Monroe County courthouse” which did not exist. The Knoxville FBI has refused to investigate judicial corruption in the district it serves, which includes Monroe and McMinn Counties, but has instead told Fitzpatrick, “Live with it!” and “We wouldn’t know where to start.”
U.S. District Court Judge Thomas A. Varlan refused to accept exculpatory information which Fitzpatrick possessed in Huff’s case and would not allow Fitzpatrick to make an appointment to testify to either of the two sitting grand juries in Knoxville. Fitzpatrick received the same treatment from U.S. Attorney for the Eastern District of Tennessee, William C. Killian.
The Sixth Circuit panel which heard Huff’s appeal on January 30 of this year has not yet rendered a decision. Evidence of threats made against this writer, Fitzpatrick, Huff, Cold Case Posse lead investigator Mike Zullo and Maricopa County Sheriff Joe Arpaio has been forwarded to the appellate court and the FBI.
Perhaps the place to start is a congressional investigation into collusion, racketeering, defamation, money laundering, and theft connected to judicially-appointed grand jury foremen who perform the judge’s bidding.
Cunningham is President and CEO of Athens Federal Community Bank, and his successor, Larry Wallace, is also a member of its Board of Directors.
There is a possibility that Fitzpatrick and Huff have grounds to consider civil lawsuits under 42 USC 1983 for deprivation of their civil rights.
Irion also has a fund established for donations to defray Fitzpatrick’s legal expenses.
“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.” — from The Declaration of Independence
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.