BUT ARE WE SURPRISED?
by Sharon Rondeau
(Jul. 6, 2015) — On Monday morning, a Tennessee citizen who last week contacted State Rep. John Forgety’s office regarding allegations made by Walter Francis Fitzpatrick, III that he was threatened with assault by a prison instructor at the Northwest Correctional Center (NWCX) has received a response.
In numerous letters received over the last six weeks by The Post & Email, Fitzpatrick has described escalating harassment, unwarranted screaming on the part of Correctional Officer Lexie Smith, threats of losing privileges and being thrown in “the hole.” He was then scheduled for a disciplinary hearing after staff insinuated that he is mentally ill.
Fitzpatrick wrote in a subsequent letter that on June 19, the threat of “I’ll beat you into the middle of next week” was made against him by instructor Terry Hopper if he were to continue to refuse to participate in the Pro-Social Life Skills (PSLS) course. Fitzpatrick said that prison authorities often enroll inmates in classes which they do not need or have already taken in order to bill the federal government for up to $3,000 for each participant.
Fitzpatrick said he declined to take part in the Pro-Social Life Skills class because the workbook exercises require inmates to admit to criminal behavior. Fitzpatrick maintains he is innocent of any wrongdoing. His attorney, Van Irion, argued on May 19 in an appeals hearing that the case against Fitzpatrick arose only because “he annoyed the wrong person.”
On June 30, The Post & Email reported that Fitzpatrick had sent us a grievance form he completed which was rejected by prison staff for alleged “inappropriateness.” The Post & Email has written to both NWCX warden Mike Parris and TDOC Commissioner Derrick Schofield but received no response from either official.
Since April 2010, Fitzpatrick has been jailed a total of seven times between Monroe and McMinn Counties in the state’s Tenth Judicial District after attempting to expose constitutional and statutory violations on the part of judges and others. Last August, he was sentenced to three years in state prison after a trial jury convicted him of aggravated perjury and extortion after seeking an audience with the McMinn County grand jury.
In his latest letter, Fitzpatrick stated that on the morning of June 26, Smith unexpectedly announced during breakfast that an inmate, meaning Fitzpatrick, had accused his fellow inmates of bilking the federal government and that that inmate would be promptly moved to a different section of the prison. Fitzpatrick also wrote (spelling errors left intact):
Authorities here at NWCX are in a panic news of their federal funds ripoff is out in public.
Correctional officers, as I reported–are coming through my paperwork frantically searching for their names in your print articles.
I mentioned before Correctional Officer Dorton (first name not known… yet), in a statement he made to me during his interrogation during my cell shakedown using the word “incriminating” referring (I thought then) to paperwork Dorton was accusing me of concealing.
I reacted as sternly as was prudent–but effectively–I was insulted taking great offense to his suggesting I had hidden fruits of a crime I’d committed. I thought Dorton was shakeing me down (with Corporal Spillers and CO Jenkins) to find written work product incriminating me.
But now the course correction–brought to my attention unsolicited from another source–
Post & Email print articles and companion radio interviews bring public notice to–for the first time–the explosive fraud TDOC/NWCX officials have perpetrated on the federal treasury for years and years.
Rencent news reports on told about narrate an FBI nationwide raid on medical care providers caught bilking federally backed to Medicade and Medicare programs. Arrests of hundreds of nurses, doctors and other health care professionals for billing the federal government for services not rendered, or double billing or over billing.
TDOC authorities, as evidenced here at NWCX, use the same fraudulent financial schemes to steal federal funds by way of the Pro Social Life Skills and Therapeudic Community programs.
With the interlude comparison, the course correction being made now is this:
CO Dorton’s specific comment and focus on “incriminating”printed materials during the cell shakedown was a demonstration of aroused fear and anger I was hiding print media or other documents “incriminating” TDOC/NWCX authorities (guys like Dorton, Spillers and Jenkins)… not myself!!
It was widly observed, recognized and accepted the forcing function driving the strip search and cell shakedown was the revelation, at last, of the truth regarding the massive–years long–scan making it to a credible, respected major (countrywide) news outlet…
The Post & Email
Forgety represents Tennessee’s 23rd House district, which includes McMinn County, where Fitzpatrick was residing before he was arrested for bringing a petition to the local grand jury alleging corruption on the part of judges, prosecutors, and the grand jury foreman. Tennessee law permits any citizen believing he has evidence of a crime to approach his county grand jury to petition for a hearing. The Fifth Amendment to the Bill of Rights describes the grand jury as an intervening body between and accused and the government, acting on behalf of and accuser.
In Tennessee, frequently there is no accuser accept a government prosecutor. In Fitzpatrick’s case, alleging the victim Jeffrey Cunningham denied at the pre-trial hearing that he ever filed a criminal complaint or spoke to a prosecutor about anything Fitzpatrick had done. The sole “evidence” presented against Fitzpatrick was the numerous petitions he attempted to advance to the grand jury over roughly the space of a year and half.
The response from Forgety’s office to the Tennessee citizen reads:
We have received a response from our liaison with the Department. Please see that response below. As it states, the allegations of threats will be investigated and appropriate action will be taken if deemed necessary.
Please let us know if you have further questions.
Tonya R. Levan, Executive Assistant
Office of Representative John Forgety
109 War Memorial Building
Nashville, Tennessee 37243
and included the following forwarded email:
From: Jim Thrasher [mailto:Jim.Thrasher@tn.gov]
Sent: Wednesday, July 01, 2015 3:40 PM
To: John Forgety
Cc: Tonya Levan
Subject:FW: please forward
Please see response from Tony Parker, our Assistant Commissioner of Prisons.
The facility investigates any and all allegations. I spoke to the warden and it appears that Inmate Fitzpatrick is not cooperating with prison officials. He is refusing to follow basic commands such as how to make his bed, obey simple orders/protocols, etc. In regard to the allegations of being threatened by staff, the warden has an official looking into the complaint and will respond accordingly.
Several years ago, Fitzpatrick met and spoke with Forgety at a town hall meeting about the corruption in Tennessee’s courts, which allow a judicially-selected foreman to influence the grand jurors and even cast the deciding vote on whether or not an individual is indicted. The Post & Email had also communicated with Forgety and State Sen. Mike Bell in the past on the same matter but never received a response.
Any Tennessee state legislators we have contacted, included Speaker of the House Beth Harwell and Sen. Mae Beavers, have declined interviews. On one occasion we were able to speak briefly on an unscheduled basis with Rep. Rick Womick, who, according to WND, admitted to flying commercial airliners into the United States with undocumented Somali immigrants for the Obama regime.
Dennis Schuelke, whose son Spencer has been victimized by Tennessee law enforcement corruption, said in an interview that he attended the conference at which Womick made the admission. Schuelke has been outspoken about the lack of due process in Tennessee, appeared on numerous radio shows to expose the issue, and in 2011, he testified to a Tennessee legislative panel on judicial corruption he personally experienced.
Womick’s district includes Rutherford County. On his website, he states, “This is my commitment to you; I will not compromise my values, nor will I forsake your trust! I will listen, and I will do as I have promised.”
The citizen who contacted Forgety forwarded the response to The Post & Email, after which we sent a message to Tennessee Department of Corrections (TDOC) Assistant to the Commissioner Jim Thrasher and Forgety.
The email reads:
THE TRUTH ABOUT FITZPATRICK
On Friday I received a letter from Walter Fitzpatrick, prisoner #540003, stating that the disciplinary hearing has been canceled, he has been moved out of the guild in which he was harassed and accused of not making his bed (which he was) and in which his personal papers were completely rifled through by prison guards because they were afraid that their names had ended up in print for wrongdoing. He was also told by Counselor Vivian Windsor that he was placed in the Pro-Social Life Skills class “by mistake.” The names of staff members involved in misconduct have already been broadcast on several radio shows over the last few weeks, some of which are carried on local Tennessee stations.
Here is a link to the latest article. You will have to subscribe to read the whole thing:
Your prison staff are forcing inmates into classes they don’t need and then billing the federal government for it. As a taxpayer, I am funding this illicit activity, which may be something for the FBI to investigate.
On June 19, Pro-Social Life Skills instructor Terry Hopper physically threatened Fitzpatrick by backing him into a corner and saying, “I’ll beat you into next week” if he did not acquiesce to taking a course in which inmates are asked to admit their crimes. Now the facility is trying to make it all go away. Fitzpatrick carefully documented everything that happened, and now everything against him has reportedly been dropped…for now.
Frankly, the graft and corruption in your state are nauseating. The court clerks do not return calls, observe the Tennessee Open Records Act, or release audio transcripts even with offer of proper payment. The reason? Because they won’t match the typed transcripts. Four weeks ago, a transcriptionist hung up on me when I was simply asking questions about how transcripts are obtained. The answer is: they’re not, not unless the money is going into her pocket and the audio stays buried…somewhere.
Please recall that the Fitzpatrick saga began with his discovery of the fake grand juries used in Tennessee which contain a hand-picked, judicially-selected foreman completely in violation of the Fifth Amendment and the Tennessee Constitution. Citizens across your state are being wrongfully accused, indicted, prosecuted and jailed as a result at the whim of a robotic “grand jury foreman” who is actually working for the judge. That is not justice!!
Sen. Forgety, Fitzpatrick has spoken with you face-to-face, and you have done nothing about the corruption which is preying on the very people you claim to represent. And you are a military veteran sworn to uphold the U.S. Constitution, are you not?
I have written proof of jury-rigging, and who goes to prison? The person who exposed it.
Another case out of Rutherford County is attempting to send an innocent man, Spencer Schuelke, to prison because he stood up for his rights after a Tennessee Highway Patrolman accused him of speeding in his own driveway. There has been a lot of radio coverage on that case, too.
Channel 5 in Knoxville has reported on the “policing for profit” phenomenon for the last four years which snagged Schuelke:
The case against Mike Parsons in Tipton County, who has been imprisoned twice for years after he ran for county executive and was most likely cheated out of a position he won. After that, an unprovoked individual showed up and shot one of his dogs, almost killing his wife and him. What kind of person does that, gets away with it, and a judge then orders the property owner, Mike Parsons, arrested?
Then there is this Roane County case: http://www.thepostemail.com/2015/06/27/roane-county-tn-man-pushing-for-trial-amidst-prosecutorial-and-judicial-disarray/
I know for a fact that the accuser has read the article, and he had no comeback. The grand juries are used to retaliate against anyone they don’t like or who they wish silenced, and the judges are complicit. It’s called “prisoners-for-profit.”
If the NWCX warden was able to tell you that Fitzpatrick was being uncooperative, why didn’t he answer my letter and tell me?
Why didn’t Commissioner Schofield?
The Post & Email will continue to report on these crimes until they no longer exist. Your state is ranked third in public corruption in the country, so there’s a lot of work to be done.
Would either of you gentlemen care to do an interview with me to discuss this?
This message has been blind-copied to victims of Tennessee corruption whose stories I have covered.
Sharon Rondeau, Editor
The Post & Email
P.O. Box 195
Stafford Springs, CT 06076
On Saturday, The Post & Email published a portion of a letter received on Friday from Fitzpatrick in which he reported that the disciplinary hearing and his participation in the Pro-Social Life Skills course were canceled. He has also been moved to a different part of the prison. Reportedly, Hopper said to him as he moved his belongings out of his former cell, “You all come back and see us some time now, ya hear!”
Nearly five hours after we sent the email to Thrasher and Forgety, no response has been received.
Update, July 7, 2015, 6:38 p.m. EDT: No response from Thrasher or Forgety has been received.
The Post & Email wishes to correct the record in that the accuser referred to in the Roane County article referred to above did, in fact, contact The Post & Email afterward to dispute it. We hope to interview Andrew Cook later this month.