“THIS WHOLE THING IS A FRAUD”
by Sharon Rondeau
(Aug. 31, 2014) — In Part 1 of The Post & Email’s interview with Lawrence County, TN resident Arthur Hirsch, he explained his arrest in a grocery store parking lot in December of last year by a Tennessee Highway Patrol officer which led to a six-hour jailing while his terminally-ill mother was alone and he attempted to make bail.
While Hirsch eventually did post bond, during the process he learned that someone from the Lawrence County General Sessions Court had contacted one of the bondsmen, telling her not to “work with him,” with the ultimate goal of keeping him jailed. “That’s a criminal act,” Hirsch told us.
McGuire has been a General Sessions judge for the last decade.
Hirsch has represented himself in the case and was forced to perform extensive legal research as his mother’s condition declined over the next three months.
On January 24, an “arraignment” hearing was held by Judge Patricia McGuire despite the absence of an indictment, police report or warrant. McGuire entered a plea of “not guilty” on Hirsch’s behalf over his objections, denied his motions by “slamming them down in front of her,” and humiliated him in front of hundreds of people in attendance for various alleged infractions of their own.
“You can’t have an arraignment without an indictment,” Hirsch told The Post & Email.
More than four years ago, CDR Walter Francis Fitzpatrick, III (Ret.) asked how the Monroe County Criminal Court could hold an arraignment “without any charges or accuser.” Over the next two years, he was jailed six times in Monroe County for his attempts to expose judicial corruption which has resulted in compromised grand juries with hand-picked foremen who serve for years, if not decades.
On August 19, 2014, Fitzpatrick was sentenced to three years in prison for convictions on “aggravated perjury” and “extortion” stemming from his submission of various petitions to the McMinn County grand jury alleging wrongdoing on the part of judges, the grand jury foreman, law enforcement officers and prosecutors in the Tenth Judicial District, of which McMinn and Monroe Counties are a part.
The high incidence of convictions in Tennessee’s Tenth Judicial District has been shown to be the fuel for a prisoners-for-profit enterprise to fill the jails and prisons with as many inmates as possible to boost revenue paid by the state.
During Hirsch’s interview, he told The Post & Email that if a citizen asks to go before the Lawrence County grand jury to report evidence of crime, “they make up charges against you.”
Over the last five years, The Post & Email has reported on numerous cases of judicial corruption in Tennessee, which has been denied or ignored for decades by the legislature and Administrative Office of the Courts. Judge Jon Kerry Blackwood, who was compromised at the outset and should not have heard Fitzpatrick’s latest case, declared Fitzpatrick “a moral coward” at the sentencing hearing and decried people “talking about their constitutional rights.”
Judge Carroll Lee Ross and Blackwood have denied defendants their “constitutional right” to defense counsel, and Judge Christy Little reportedly threatened a mother attempting to regain custody of her two daughters with “You don’t want to mess with me; I’m the judge.”
At Hirsch’s January 24 hearing, McGuire set a “preliminary hearing” for April 11. “I knew everything at this point was a sham,” Hirsch said. “She had no jurisdiction, and all the paperwork that she generated, such as docket sheets and things, are all fraudulent government documents, which is a Class D felony.
“Then right after that, my mom choked and was dying; a CNA came and helped revive her. They took her to the hospital, then to intensive care, where she remained for weeks. I stayed by her bed and slept in the chair right next to her all night. Finally, she got a little better and came down to the nursing home here locally for rehabilitation. Again, I stayed over there, and in between all of this, I was trying to do legal work. Irreparable damages.”
“My mom eventually passed away, and I had the memorial service on March 27. That very night, I came home and wrote a letter to the judge asking for a continuance, because that was just a few days after Mom’s death. I got a letter back saying, ‘No, we are going to…’ do this and that, and we want to proceed…and I thought, ‘Aha…who is the ‘we?’ ‘We’ is the district attorney and his staff. They knew about all of this. I had been sending them all the paperwork so everybody over there knew it.
“Then I sent another letter to one of the assistant DAs. I had met his uncle while Mom was in the hospital. He seemed like a nice man and told me that his nephew was running for DA, which he did just recently and won. He said he was a really good Christian and went to the Baptist church. I wrote him a letter as a Christian, telling him that I was really suffering from a lot of grief from my mom, and I had a lot of things to settle, and I needed some time to heal. Not a word; nothing came back.
“Then I wrote a second letter to the judge explaining in even more detail what I needed. No reply came at all. The first time she replied, she didn’t put a date on it, but I do have a copy of the envelope. The last short paragraph of her letter was commanding me to come to the hearing whether I was emotionally ready or not. I’m glad she put that in, because that brings in RICO, as she used the mail to give an official order.
The date came, April 11, and I was not prepared. I had been accumulating some things all along, so between January 24 and April 11, I filed a criminal complaint and a Notice of Fraud on the Court, all verified, and sent them to the sheriff.
I sent a copy of those two complaints to the clerk for my file, and I sent a copy to each member of the district attorney’s staff and to the judge. So they knew clearly all the grounds for what I’d said and why.
So we came to the 11th, and I had filed a number of motions and a Second Motion to Dismiss. That was summarily denied without opportunity to speak; no hearing. The woman who was the assistant district attorney was dumb as a box of rocks; I don’t know how people ever get through law school like that…anyhow, she just had no arguments. She said, “We have jurisdiction. We’re impatient, and we want to get this thing on…get it going, get it going,” and pressure, pressure, pressure. This was on the record now, because I had a court reporter there. I got a lot of good stuff on there.
I wanted to read my Motion to Dismiss and also my Motion to Recuse. I said, “I want to read it in the record.” The judge said, “No, you’re not going to read it in the record; you just put it in the record, and it’s good enough.” I said, “I’m reading it.” She said, “I deny your motion.” I said, “Judge, I didn’t make a motion; if you’ll allow me, I’m making the record, and I’m making it right now.” I started reading, and she just kept talking and I kept reading and finally she shut up, and I read it. She said, “This is going to take two hours and take up all of our time here.” There was only one other person in the courtroom, and this was in the afternoon. She said, “It’s going to take hours,” but it took only 20 minutes.
So I did get it in the record. I’m surprised I made it through, because I was not emotionally ready for all of this. I did have to push back tears a time or two, but I made it through.
I said, “I am not going to participate in this so-called preliminary hearing. It’s a sham hearing.”
They finally said, “Well, let’s set another date,” and they set it for the 28th. I said, “I’m not agreeing to this, but if there has to be a date set for us to just show up in court so you don’t collect on the bond, I’ll show up.”
The 28th came around, and I went in. They had another gentleman there who is an assistant DA, a little crotchety guy. He was just like the other one: he denied my motion; I had another Motion to Dismiss and he slammed it down and denied it. He said, “I don’t know where Mr. Hirsch is coming from; I haven’t read one thing in all the pleadings he’s done to show one wrong thing where we’re out of order. We’re just going to proceed ahead.”
Really? I must have had hundreds of pages, and they didn’t find one. That’s because he’s incompetent, and somebody needs to file an incompetency affidavit on the man and get him out of there if he can’t read anything like that. They had the trooper there, and they asked him his little questions, and they were all happy, because it looked as if I was guilty of everything. I told him, “I’m not prepared for this; I didn’t prepare anything.” The Good Lord gave me things to say, and I spoke for about 40 minutes, and most of it was spiritual about the system. I asked him questions, and he said, “No one has a right to use the public highways; it’s only a privilege the government grants.” There were a lot of things he said there that will come back to bite him, I’m sure.
So it was finished, and they said, “We find that there’s probable cause…” “Really? You already decided probable cause back in December. This whole thing is a fraud.” I said that on the record. I said, “It’s interesting, judge. I have heard you, even today, give continuances for people to attend soccer games, but you couldn’t give one to me when my mother died.” And she just dropped her head, and so did all the cops there.
That was the end of that. As soon as that finished, I went to the grand jury.
Editor’s Note: Part 3 of The Post & Email’s interview with Mr. Hirsch will detail how he came to provide a presentation to the Lawrence County grand jury and his subsequent actions in filing a federal civil rights lawsuit against a Tennessee judge.