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THE “DICTATORSHIP OF THE JUDICIARY” CONTINUES
by Sharon Rondeau
(Aug. 25, 2014) — At a status hearing on Monday morning in Monroe County, TN, Judge Carroll Lee Ross did not act on deputy prosecutor A. Wayne Carter’s request to revoke the bond of Marvin William Young, who was falsely accused last year of “especial aggravated kidnapping” and “especial aggravated burglary.”
It is unknown how the Monroe County grand jury found Young indictable without a police report or criminal complaint, although the McMinn County grand jury indicted Walter Francis Fitzpatrick, III under the same conditions on March 18.
Both McMinn and Monroe Counties are located within Tennessee’s Tenth Judicial District, which has proven rife with corruption involving judges, court clerks, transcriptionists, law enforcement, grand jurors, trial jurors, and more.
Carter had asked that Young’s bond be revoked as a result of the denial of a restraining order requested by Young against his accuser, Larry David Godwin, who inhabits Young’s father’s estate, legally or illegally, after marrying Young’s father’s widow in 2011.
Godwin’s new wife died just seven months after they were married, after which he acquired the seven-figure estate of Charles William Young.
Marvin discovered that his father’s signature was forged on the alleged will and hired an attorney who did not take action before the statute of limitations to challenge settlement of the estate elapsed. In the case of fraud, another year is permitted, although that has also now expired.
The estate consists of a large house on considerable land, farm machinery, retail establishments, and several vehicles, some of which Godwin has reportedly sold.
In his Motion for Revocation of Bond, Carter claimed that because Young’s restraining order request was denied, Young was a “threat to the community.” Ross did not agree.
At Young’s last hearing in late June, Ross had ordered him to retain an attorney, but Young is indigent and cannot afford one. On Monday, Ross repeated his order to Young to hire an attorney and stated that a trial would ensue in late November whether or not he had representation.
However, Tennessee law mandates a court-appointed attorney for indigent defendants.
© 2014 by The State of Tennessee
All rights reserved
*** Current through the 2014 Regular Session ***
Title 40 Criminal Procedure
Chapter 14 Rights of Defendants
Part 2 Counsel for Indigents
Tenn. Code Ann. § 40-14-201 (2014)
40-14-201. Part definitions.
As used in this part, unless the context otherwise requires:
(1) “Indigent person” means any person who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney; and
(2) “Public defender” means any attorney appointed or elected under any act of the general assembly or any provision of a metropolitan charter to represent indigent persons accused of crime.
Three years ago, Ross denied defense counsel to George Joseph Raudenbush III, who went to prison for more than two years and was released after an appeals court reversed the convictions, remanding the case back to Monroe County for rehearing. Ross also ordered Walter Francis Fitzpatrick, III arrested after he attempted to conduct a citizen’s arrest on the Monroe County grand jury foreman on April 1, 2010 after discovering that he had been serving for at least 20 consecutive years.
Fitzpatrick is now in the McMinn County jail after having been sentenced by Judge Jon Kerry Blackwood to three years of incarceration for bringing petitions to the grand jury alleging violations of law on the part of Judge Amy Reedy, Blackwood, Sheriff Joe Guy, court clerks, and Tenth Judicial District prosecutors.
Article I, Section 23 of the Tennessee constitution states:
Fitzpatrick has called the lack of due process, constitutional and legal violations, malfeasance and conspiracy on the part of judges, court clerks, local attorneys and law enforcement “the dictatorship of the judiciary.” Some have likened Monroe County to a penal colony or “a town in Cuba” because of the intimidation of the citizens by their “public servants.”
Last Monday, Young told his story on videotape to filmmaker William F. Fain, who is producing a video on Tenth Judicial District corruption in the near future. Fitzpatrick and his attorney, Van Irion, went on camera for a reported two and one-half hours to relate the corrupt system used by Tennessee courts which allows criminal court judges to appoint a grand jury foreman “from wherever they choose.”
Young said that he explained to Ross that his last attorney cost him $10,000 in borrowed money, furthering his indigence. Young said that Ross’s response was to “order him to get an attorney.” “You will go to trial whether you have an attorney or whether you don’t,” Young told us Ross said.
Article I, Section 9 of the Tennessee constitution states:
Ross reportedly asked if Young had “spoken with an attorney,” to which Young responded, “Yes.” Regarding the Revocation motion, Young related of Ross, “He told the district attorney, ‘Mr. Young filing a temporary order of protection is not grounds to revoke his bond.'”
Ross set a November 17 status hearing to be followed by a November 20 trial. Ross plans to retire on August 31; therefore, a different judge will preside.
In the Revocation Motion, Carter characterized Godwin as “the victim” rather than “the alleged victim.”
Ross, however, warned Young that Facebook and “online” activity “can be used” against him. “Carter said that one of the conditions of being out on bond is that I don’t have any electronic or face-to-face communications with anybody in this case or about this case. He was making a blanket statement. He wanted me restricted, and Judge Ross said, ‘Again, I can’t tell a man what he can and what he can’t do.'”
Young said that Carter stated that Young is “continually contacting people about this case through electronic transmission.” “He wanted it to be a condition for me to stay out on bond for me not to have any of this. The judge said that anything I’m doing can be used against me in a court of law.”
“Maybe he was trying to tell me something, but it doesn’t matter, because I’m not doing anything wrong,” Young said. Carter reportedly said that his office had received “multiple complaints that [Young] is contacting people through email and Facebook.” “He didn’t elaborate at all,” Young said, regarding specific recipients.
Last week, Young recontacted Tennessee Bureau of Investigation (TBI) agent Skip Elrod, who has known about Young’s claim that crimes have been committed against his father and him. Young also said that he has also left messages on Monroe County Sheriff-Elect Randy White’s Facebook page.
On Saturday, Young sent the following email to Elrod:
Mr. Elrod its been disappointing that you will no longer answer my calls or return them. As you will see in attachments below what I’ve been telling you is all true and I have more truth than this. I plea with you to take action. In the attachments below it will show more than enough proof for you or someone to start an investigation. Our last phone conversation was recorded so to prove that I informed you that my life has been threatened. I pray that nothing happens to me when they put me in jail for crimes I did not commit and I have every reason to believe that I will be beaten or even killed. I am being railroaded and I’m asking you what will you do about it? Will you set back while this continues? After you read my attachments and I know you will, you can no longer say you don’t know whats happening to me. I pray you will not listen to things I’m sure you have been told by others that have an interest in this matter and in my demise. You said on one of our phone calls that “you have been doing this a long time and you could tell that I’m being sincere and telling the truth” now you have the truth , what will you do with it? Mr Elrod contrary to what you may have been told I’m a good man and I’ve raised a good family one of which is an officer with the state of Fl. In closing I will pray for your action in this matter or for it to lay heavy on your heart till you do. Be a hero Mr. Elrod. I pray for your safety in your job and i pray you and your family will always have justice and never have to go through what I have.
Attached to the email were the nine documents filed with the Monroe County clerk on Friday.
Young told us that Ross opined that the case has gone on “entirely too long,” although the state asked for a continuance in the early stages. Young’s then-attorney had subsequently asked for a continuance because he had to have surgery. On Friday, Young filed numerous documents in his case, one of which asked for a continuance because he has no representation.
“What’s gone on too long is the fraud, forgery, conspiracy – all of that’s gone on too long, too, but you don’t hear him [Ross] saying anything about that,” Young observed.
“I said I have a sworn statement from my witness that this [Editor’s Note: “this” refers to Young’s version of events, which is that he was brought up on false charges by Godwin] happened, and he said, ‘A sworn statement means nothing.’ So now sworn statements don’t mean anything in court, just like Blackwood was tired of talking the Constitution in his courtroom, and the jury being illegal and wrongly picked doesn’t matter anymore…so he said, ‘Anybody can say anything and swear to it,’ so he blatantly said a sworn statement doesn’t mean anything anymore. If that’s the case, then any sworn statement that was said against me doesn’t mean anything. Isn’t it funny how their sworn statement means something, but mine doesn’t? The whole court system is based on sworn statements; the whole system itself is supported by that. For him to say something like that is just crazy.”
Young is seeking a small amount of money to transport his key witness to Monroe County from a considerable distance, where she moved after having been allegedly intimidated by the Monroe County judiciary.