RETIRED MARINE OPTIMISTIC JUDGE WILL VACATE FITZPATRICK VERDICTS
by Sharon Rondeau
(Aug. 3, 2014) — On Thursday, The Post & Email reported (as pictured at right) that a former U.S. Marine aviator, instructor, private commercial pilot and current radio show host and intelligence analyst plans to file a lawsuit against Barack Hussein Obama on August 19 if a Tennessee judge fails to vacate verdicts issued in June against another Navy veteran, CDR Walter Francis Fitzpatrick, III (Ret.).
Lt. Col. Field McConnell (Ret.) stated last week on his Abel Danger show that he will file a wrongful death lawsuit in North Dakota naming Obama as the defendant for every military death which has occurred under Obama, who McConnell and Fitzpatrick both believe is an “imposter” usurping the White House.
On March 17, 2009, Fitzpatrick accused Obama of having committed treason against the United States as a “foreign born domestic enemy.”
Abel Danger has been broadcasting on the internet since April 2009, with the show airing on Monday, Wednesday and Friday from 1:00 to 2:30 p.m. CT/2:00 to 3:30 p.m. ET.
In April of this year, McConnell published the names, phone numbers and email addresses of dozens of Bureau of Land Management (BLM) agents working in the southern Nevada region after the agency began rounding up cattle belonging to Cliven Bundy, claiming that he owed more than $1,000,000 in “grazing fees” to the federal government. An armed confrontation between Bundy’s supporters and BLM agents was narrowly diffused when the BLM retreated after hundreds of supporters, many former military, traveled from various parts of the country to stand against federal government overreach.
McConnell has filed civil lawsuits before, acting as his own attorney. He and Fitzpatrick have never met; McConnell graduated from the U.S. Naval Academy at Annapolis in 1971 just before Fitzpatrick enrolled there in the fall.
Like Fitzpatrick, McConnell has shown concern for the evisceration of the grand jury as set forth in the Fifth Amendment to the Bill of Rights by America’s Founding Fathers.
In 2007, Fitzpatrick, a West Coast native, moved to Tennessee to assist in the reversal of guilty verdicts against SSgt. Ray Girouard of Sweetwater in Monroe County, TN. Fitzpatrick’s mission was successful in 2012, when Girouard was cleared of all charges as his convictions were overturned, and he was awarded back pay and benefits for the several years spent in a military prison.
In 2009, Fitzpatrick inadvertently uncovered systemic corruption in the Monroe County judiciary when he brought a complaint of treason against Barack Hussein Obama to the local grand jury to review. After several months of obstructing him, Fitzpatrick discovered that the grand jury foreman, Gary Pettway, had been serving in that position for at least 20 years, having been appointed by a judge. Further investigation showed that Pettway had actually served 28 consecutive years without any documentation or proof that he had ever been administered an oath of office.
For attempting a citizen’s arrest on Pettway on April 1, 2010, Fitzpatrick was jailed and ultimately convicted of two misdemeanors, spending several months in the Monroe County jail. For continuing to demonstrate how the grand jury was compromised over the next two years, Fitzpatrick was jailed five additional times.
Judge Jon Kerry Blackwood presided over Fitzpatrick’s first trial on December 1, 2010, and correctly dismissed a juror who had served a previous term in keeping with state law. However, Blackwood refused to consider that the grand jury foreman was guilty of the same violation of law. On another occasion, Blackwood insisted that the grand jury foreman enjoyed no special treatment and was “no different from any other juror.”
An article to which The Post & Email has frequently referred over the last four years quoting Monroe County chief court clerk Martha M. Cook as stating that judges can select the grand jury foreman “from wherever they choose” has been removed, when two days ago, it was still available.
In another trial, presiding Judge Walter C. Kurtz “respectfully disagreed” with Blackwood’s admission, insisting that criminal court judges can choose anyone for grand jury foreman and retain the person for as long as they wish without tainting the grand jury’s impartiality.
Although Sweetwater came to the aid of Girouard after they believed he was being “railroaded by the military,” it showed little concern when Fitzpatrick reported in the local newspaper and through an aggressive word-of-mouth campaign that Monroe County grand juries had been tainted for as long as they had operated with a judicially-selected foreman contrary to state law.
In early 2012, after Fitzpatrick’s former landlords stole his personal belongings and likely a substantial amount of cash from the Sweetwater home he rented from them, Sweetwater police refused to prosecute the crime despite two eyewitnesses having come forward. When Fitzpatrick moved to McMinn County in February of that year following his release from the Monroe County jail, he was left with two chairs, a bookcase, a small lamp, and a microwave oven out of thousands of dollars’ worth of kitchen appliances, furniture, lighting, food supplies and other furnishings.
In December 2012, Fitzpatrick was found guilty of “tampering with government records” after he admittedly removed documents showing that the Monroe County juries were hand-selected by Judge Amy Reedy in order to present them to the Knoxville FBI as evidence of his claims of civil and constitutional rights violations against Monroe County citizens by judges, prosecutors and court personnel. Kurtz presided and called Fitzpatrick a “self-proclaimed vigilante” for attempting to expose the unconstitutional and illegal court system used in eastern Tennessee which has incarcerated hundreds, and perhaps thousands, of people denied due process under the Fifth and Sixth Amendments and the Tennessee constitution.
Kurtz worked in Davidson County until 2008, when he officially retired and acquired “senior judge” status.
During the trial, Fitzpatrick’s attorney, Van Irion, had contended that then-grand jury foreman Faye Tennyson had served two consecutive terms which were illegal, during which time she signed Fitzpatrick’s indictment. Irion had desired to present a “necessity defense,” but Kurtz did not allow him to go forward. After approximately five minutes of deliberation, the jury found Fitzpatrick guilty.
Irion requested a new trial, which Kurtz denied, then appealed the verdict. Both he and his client learned during the appellate hearing that the Tennessee Attorney General had filed a brief stating that grand jury foremen in Tennessee were not “empaneled,” as are the other 12 grand jurors by random selection and screening. The attorney general further claimed that it could not be proven that then-grand jury foreman Faye Tennyson had served “on successive grand juries” because transcripts of trial court hearings were not included as evidence. The brief further stated that Fitzpatrick’s “claim” that Tennyson had served illegally “would fail on the merits,” citing a 1972 case in which an appellate court opined that it could “think of no valid reason why a grand jury foreman appointed for two years under [the statute] is disqualified to serve longer either by reappointment or holding over.”
While the attorney general claimed that the role of the foreman is “ministerial and administrative,” the foreman votes with the other 12 jurors. State law mandates that all 13 members of the grand jury be “impaneled by the presiding judge in the same manner as the regular grand jury.”
The Tennessee District Attorneys General Conference describes a grand jury as “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.”
While the attorney general correctly quoted Rules of Criminal Procedure Rule 6(g)(2) as stating, “The foreperson shall possess all the qualifications of a juror,” it omitted the fact that TCA 22-2-314 states that no juror can serve consecutive terms. In the appellate court’s ruling, the issue of whether or not a grand jury foreman can serve consecutive terms was not addressed, although the court upheld Fitzpatrick’s conviction.
If it had ruled in Fitzpatrick’s favor, all of the indictments issued by grand juries with judicially-appointed foremen, which is presumably all grand juries in the state of Tennessee, would have come into question, just as every case involving Davidson County grand jury foreman Eugene Grayer necessitated review after it was found in January of last year that he violated state law by serving in that capacity as a convicted felon. The mainstream news characterized Grayer as a member of the grand jury, not as an “administrator.”
Tennessee Attorney General Robert E. Cooper, Jr., who will complete his eight-year appointment by the state supreme court at the end of October, has not responded to The Post & Email’s letter enumerating crimes committed by criminal court judges and the Tenth Judicial District prosecutor’s office, which include knowingly rubber-stamping false indictments and prosecuting innocent citizens after obtaining indictments issued by tainted grand juries.
The Administrative Office of the Courts has also failed to explain why criminal court judges have been allowed for decades to select the grand jury foreman from outside of those empaneled by automated means, as the law requires. A letter to FBI Director James B. Comey is also unanswered as of this writing.
In January, February and March of this year, Fitzpatrick attempted to present criminal evidence to the McMinn County grand jury, as state law allows. Fitzpatrick also included in his petition the attorney general’s appellate brief which contended that “the foreperson of the grand jury is not ‘impaneled’ from the ‘summoned’ members of the ‘jury pool.’…The foreperson is ‘appoint[ed]’ by the trial court” (bottom of page 13). As Fitzpatrick waited for a decision on whether or not his February petition would be reviewed, he displayed a sign which read, “Jeff Cunningham is not a juror” as court clerks walked by, shaking their heads.
On that same day in February, then-McMinn County grand jury foreman Jeffrey Cunningham, who is a licensed attorney and CEO and President of Athens Federal Community Bank earning well over $600,000 annually, approached Fitzpatrick with an armed sheriff’s deputy and threatened to have him arrested if he returned with another petition for the grand jury. Fitzpatrick then requested a restraining order against Cunningham, which was denied by Judge Jeri S. Bryant. A second request was denied without a hearing by Blackwood.
The following day, March 18, 2014, Fitzpatrick returned to the McMinn County courthouse to submit a petition with more evidence of judicial misconduct to the grand jury. After waiting for more than four hours quietly reading a book outside of the clerk’s office, Fitzpatrick was unexpectedly arrested by two deputies for “stalking,” “harassment,” “aggravated perjury,” and “extortion.” He was jailed until he made bond ten days later.
The McMinn County grand jury, led by a different foreman appointed just minutes before Fitzpatrick’s arrest, had issued the presentment a few minutes after noon on March 18, and Fitzpatrick was arrested approximately 15 minutes later.
Tennessee Supreme Court Chief Justice Gary Wade appointed Blackwood to preside over the trial, even though Blackwood was clearly compromised. Irion filed a motion for Blackwood and the Tenth Judicial District to recuse themselves, but Blackwood refused. It was not the first time that Blackwood remained on the bench with a conflict of interest.
In 2012, an appellate court ordered Blackwood off the bench “because of questions about his impartiality.”
The “evidence” upon which they based the presentment of probable cause was never presented at the trial held on June 23 and 24. On June 23, Blackwood dismissed the charge of “stalking.” The following day, a jury of five women and seven men [14-cr-69_rad568A1] convicted Fitzpatrick of aggravated perjury and extortion without the presentation of a police report and after the alleged victim, Cunningham, had denied under oath that he had accused Fitzpatrick of a crime.
The jury acquitted him of the charge of harassment. None of the six jury members contacted by phone by The Post & Email has responded to our inquiries.
Irion said that the jury’s verdict has criminalized the First Amendment’s provision for citizens to petition their government for redress of grievances.
The Post & Email’s editor has been appearing on Abel Danger over the last several weeks to explain the events leading to Fitzpatrick’s latest conviction. August 19 has been set as Fitzpatrick’s sentencing date by Blackwood.
Three weeks ago, McConnell stated that he will travel to Athens, TN to attend the sentencing hearing for Fitzpatrick on the 19th “shoulder-to-shoulder.” Two weeks ago, McConnell hinted at legal action he was considering if Blackwood failed to vacate the convictions. Last Wednesday, he presented more details, stating that “I think we can help end it [Fitzpatrick’s convictions],” revealing that he had played a part in the release of former Marine Brandon Raub, who was seized without a warrant in August 2012, placed in a mental institution and forced to take medication against his will. McConnell said that the U.S. District Court in the District of Columbia “doesn’t want” him to appear in a courtroom “because of [my] truthful testimony” regarding matters involving former U.S. Attorney General Michael Mukasey.
“I’d prefer not to travel to Athens, TN…but I think between now and Walter’s date, we can put enough pressure on Blackwood…where they may vacate the order,” McConnell said.
Fitzpatrick has actually been stalked by Obama regime operatives and possibly others since he filed the first treason complaint against Obama with the U.S. Attorney for the Eastern District of Tennessee.
Four years ago, Republican elections commissioner Jim Miller was brutally murdered in what Fitzpatrick describes as “a government hit.” Three years ago, Fitzpatrick named two men now in prison on federal drug charges and likely the perpetrators of the murder who have not been charged.
McConnell has expressed optimism that Blackwood will “do the right thing.”
Of his background, McConnell told The Post & Email just before press time:
Regarding legitimacy, I believe I was the only American pilot summonsed to Malaysia to explain MH370 and I am certain I am the only person in the world who predicted an ‘explosive event’ on 17 July, 2014. We, Abel Danger, have explained these events:
1) Pat Tillman’ s assassination: “Tillman’s Ghost”
Pat Tillman’s Ghost · 1940 ‘413’ Studebaker · Abel Danger 2013 (HD)
2) Extortion 17 assassination of SEALS: July 17, 2014 · AD Plum City Plunge Dedication to Aaron Carson Vaughn
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.