Tuesday, 31 December 2013
FEDERAL DEPARTMENT OF PRECRIME!
Walter Francis Fitzpatrick, III
United States Navy Retired
Post Office Box 293
Athens, Tennessee 37371-0293
Cell phone by appointment: 423.381.5311
Monday, 30 December 2013
EMERGENCY CITIZEN WRIT OF MANDAMUS
In re: United States v. Darren Wesley Huff
CASE #: 125581
Unites States Court of Appeals for the federal Sixth Circuit
540 Potter Stewart United States Courthouse
100 East Fifth Street
Cincinnati, Ohio 45202
And many others in a wider distribution
To: Chief Judge Alice M. Batchelder
Copies to: Various and numerous government agencies and law enforcement offices previously contacted
With waning deference and respect I write to you this day to report the scope and operation of a government I’ve been trained to fight against and destroy.
I sound the alert that a fraud is being perpetrated on the U.S Court of Appeals for the Sixth Circuit. Federal and state judges, federal and state prosecutors, federal and state law enforcement officers, lower ranking state and federal court officers and Mr. Huff’s court appointed defense attorneys are criminally complicit in the fraud being visited upon this federal appellate Court.
I am commanding you to recognize this fraud and release Navy Veteran Darren Wesley Huff as an innocent man. I demand and command that Mr. Huff’s innocence be publicly and loudly declared and that Mr. Huff’s name be cleared causing to expunge all government records naming Mr. Huff a criminal in matters related to his case that have come into existence since April 2010.
I am commanding that the Court become the forcing function behind causing criminal investigations against those people who have acted to wrongfully harm or injure Mr. Huff resulting in his illegal incarceration presently. I furthermore call upon this Court to lash out and act against the fraud presently being visited upon this bench.
I am commanding that the Court order a federal grand jury assembled for these express purposes. The grand jury is to be impaneled to hear my testimony and inspect my voluminous investigative work product representing proofs and evidences going to Mr. Huff’s innocence and egregious maltreatment at the hands of various government officials; then to broaden their investigation from that starting point. For the sake of efficiency this federal grand jury is to be formed near the community of Athens, Tennessee.
Federal agents, assisted by Tennessee Start law enforcement officials arrested Mr. Huff in Tennessee State on Friday, 30 April 2010 on charges arising from activities that occurred in Madisonville, Tennessee on Tuesday, 20 April 2010 that have become commonly referred to as “The Madisonville Hoax.”
Federal Bureau of Investigation Mark A. Van Balen criminally accused Mr. Huff of being physically present armed with gun(s) at the R. Beecher Witt government building in Madisonville, TN on Tuesday, 20 April 2010. Van Balen further asserted under oath that Mr. Huff, while standing outside the R. Beecher Witt government building armed with gun(s), was thinking about using gun(s) to commit acts of violence against persons and property at that location.
Van Balen stated under oath that Mr. Huff was joined with other armed individuals at R. Beecher Witt government building and outside the building with Mr. Huff who were thinking about joining Mr. Huff at that location in carrying out acts of violence against persons and property using gun(s).
The truth is Mr. Huff was never physically present at the R. Beecher Witt government building at any moment in time on Tuesday, 20 April 2010. Enclosed, see former Sergeant of Marines William Looman’s sworn statement. Other fact witnesses, eye witnesses, ear witnesses have always been available to attest to Mr. Huff’s whereabouts in Madisonville, Tennessee on 20 April 2010.
The truth is that Mr. Huff was unarmed at every moment he was physically present in Madisonville, Tennessee on Tuesday, 20 April 2010. Again I invite focused attention to Marine Sergeant Looman’s sworn affidavit.
State and federal prosecutors, law enforcement officials, judges and court officers and public defenders all blocked unassailable testimonial and physical evidences proving Mr. Huff’s innocence from ever coming forth. They have instead created, enhanced and embellished upon The Madisonville Hoax!
Mr. Huff’s presence in Madisonville, Tennessee on Tuesday, 20 April 2010 was due to the discovery that Mr. Gary Pettway had stood in the Monroe County Tennessee grand jury as its foreman for twenty-eight (28) consecutive years.
The hearing Mr. Huff wanted to attend was part of a process seeking to expose Mr. Pettway’s criminal conduct and eventually effect Pettway’s peaceful removal from Pettway’s illegal yet officially declared job as “grand jury foreman.”
Federal and state government functionaries took action in bad faith against Mr. Huff and myself based on the false claim that Mr. Gary Pettway was, in fact, a legally summoned and impaneled “juror.”
Mr. Gary Pettway testified at Mr. Huff’s October 2011 federal trial passing himself off as a lawful and legal “juror” who was the object of Mr. Huff’s “thoughts” on Tuesday, 20 April 2010.
Mr. Pettway committed perjury by so testifying.
Other state and federal functionaries, mendacious muckrakers, embellished Mr. Pettway’s perjury, adding their own.They reported that Mr. Pettway, with other people and property, were somehow, in someway at risk of being harmed, injured or damaged on Tuesday, 20 April 2010 by Mr. Huff or other innocent men and women who came to Madisonville to attend a public court hearing as court watchers.
This was all accomplished through the guise of The Madisonville Hoax.
State and federal officials used Mr. Huff in The Madisonville Hoax as a pawn to extend the durable myth that criminal court appointed foreman in Tennessee State were (1) jurors, and (2) legally acting as foremen.
One hundred and two (102) days ago, on Friday, 20 September 2013, Assistant Tennessee Attorney General Kyle Hixson, in a brief filed with the Tennessee’s Criminal Appellate Court in Knoxville gave up the game.
Hixson declared in an affirmative admission against state’s-interest that Mr. Pettway had never, in fact, been a “juror.”
The Hixson Brief affirmatively declares that no Tennessee grand jury foreman has ever been a “juror” going back scores of years.
This admission is ominous. Tennessee State law declares that the foreman of the grand jury, like any other member of a Tennessee State trial jury or grand jury must be in fact a juror.
The Madisonville Hoax was a brazen law enforcement operation the design of which was to cloak the decades old practice of criminal court judges illicitly anointing their own non-juror advocates and sycophants into what might have otherwise been a lawful grand jury.
Mr. Huff became a government tool, a pawn in breathing life into their hoax from that day to this day.
I’ve been conducting an investigation into the Madisonville Hoax ever since Tuesday, 20 April 2010. State and federal judges and prosecutors have ruthlessly blocked every effort I’ve made to report the results of my investigation and offer up for examination my investigative work product. I hold extensive proofs and evidences intended for presentation to a seated federal or state grand jury.
My investigation proves no prospective court-watcher who came to Madisonville, Tennessee on 20 April 2010 attempting to attend a court hearing that day carried a gun in the city of Madisonville.
No court watcher intended or planned any violence of any description. I have all their names. I’ve been in contact with them all. I have statements from several.
Creators, facilitators and agitators of the Madisonville Hoax steadfastly maintain to this day, some under their perjured oaths, that Mr. Huff carried a gun in Madisonville on that troubled day.
They continue to maintain and falsely report that other frustrated court watchers, wrongly accused as was Mr. Huff, were carrying guns with intent to carry out violence.
NONSENSE I SAY! NONSENSE!
It’s all a lie. It’s all part of the Madisonville Hoax! None of the court-watchers carried a gun. Mr. Huff did not carry a gun.
Mr. Huff was never physically present at any time at the R. Beecher Witt government building on Tuesday, 20 April 2010.
Mr. Huff’s variously assigned defense attorneys were all on notice that this information was available to them then as now. An exhaustive record has always been available to them as the volume of amassed information, proof and evidences of Mr. Huff’s innocence continued to grow. Mr. Huff’s appointed defense counsels turned their heads away from all of it, laughing up their sleeves as they walked away.
In April 2011 Federal Judge H. Bruce Guyton personally intercepted my direct submissions to the two federal grand juries sitting in Knoxville seeking to appear before one of both of those two assemblies. I was prepared to prove Mr. Huff’s innocence to the grand jury. I was prepared to tell the grand jury, under oath, about my discoveries regarding The Madisonville Hoax and the part played in the hoax by state and federal officials so far as I knew in the spring of 2011.
Guyton personally blocked my submissions.
Guyton then personally refused to grant me permission to appear, deflecting my attempts to the U.S. Attorney for Tennessee’s Eastern District, William C. Killian.
H. Bruce Guyton was the presiding judge in Mr. Huff’s federal prosecution at the very moment H. Bruce Guyton obstructed my efforts to report to the federal grand jury on The Madisonville Hoax.
U.S. Attorney Killian, named as one of the perpetrators in The Madisonville Hoax, continues to block my efforts to appear before a federal grand jury to this day. See Killian’s enclosed letter dated Friday, 14 June 2013 that reintroduces Guyton’s letter dated Wednesday, 6 April 2011.
I was defeated again just fourteen (14) days ago, attempting to report to a local Tennessee State grand jury regarding the criminal court judges’ take down, take away and the take over of our local grand juries by way of judicial appointments of non-juror foreman.
I call attention once more to the Hixson Brief dated Friday 20 September 2013.
It was the criminal court judge, judicially anointed, county employee non-juror foreman, actually named in my submission as a fraud using the Hixson Brief as evidence, who personally blocked my submission and presentation from being reviewed or heard by the grand jury on Tuesday 17 December 2013, and then ordered a deputy sheriff to escort me from the courthouse.
I’ve aggressively attempted to report these matters to the Federal Bureau of Investigation at various locations in the country.
One of my more significant and memorable contacts occurred on 28 June 2011 (3½ months before Darren Huff’s October 2011 trial). I met with Special Agent Roxanne West for approximately three hours in Knoxville.
I’ve lost count of my reports to the FBI. They are numerous. And all of them ignored and trashed.
One reason why is that The Madisonville Hoax, as an extra added bonus, allowed for federal judges, prosecutors, law enforcement officials and court functionaries to exploit false accusations against Mr. Huff so as to achieve the first ever successful “thought crime” prosecution in United States history.
Van Balen’s sworn affidavit is based upon what Van Balen personally thought, and other FBI agents and law enforcement agents said they personally thought Mr. Huff was thinking about.
Maintaining Mr. Huff’s wrongful conviction in place, as FBI Special Agent Scott Johnson gleefully reported on 5 May 2012 is supremely important:
“This case is monumental to the FBI because it will set precedent for case law in future domestic terrorism cases throughout the United States.” (LINK)
I am not going into my efforts to report these matters to Tennessee State law enforcement officers that are as unceasing and unrelenting as they are numerous.
One other man who has been regularly defeated in attempting to bring to the attention of a sitting grand jury those actions of a corrupt government, and particularly those actions taken against Mr. Huff wrote this yesterday:
In Devvy Kidd’s piece today she refers to the movie “Open Range” where Kevin Costner tells the complainer who asks what he can do” You’re men ain’t you?” The complainer says he didn’t raise his sons to get killed, to which Costner replies: “You may not know this, but there’s things that gnaw on a man worse than dying.”
Darren’s hearing is one of those incremental crossroads things where we take an extra large step further into servitude it the state prevails.
I am sure no one will die if they make a stand. To put their name to paper and send it to a judge or stand with Darren in the courtroom will not get anyone killed. But to not make a stand and continue the incessant pecking on a computer keyboard will accomplish nothing.
Walt [I’m Walt] has nailed the dire circumstances involved in this hearing. If the state succeeds it will hamper the future efforts of all activists, but most specifically veterans.
The state motto in New Hampshire is: “Live Free or Die.” That’s what Costner was referring to. Are we there yet?
Repeating for emphasis, I SAY AGAIN to this U.S. Court of Appeals for the Sixth Circuit, that I’m reporting in this EMERGENCY CITIZEN’S WRIT the scope and operation of the government I was trained to fight against and destroy.
The immediate reaction I expect to cause is that this Court take actions to guard itself against the fraud being committed against it, and after that see to Mr. Huff’s release from federal prison.
Accept my EMERGENCY CITIZEN’S WRIT as but another sworn criminal complaint. I’m calling for the immediate arrests of persons I’m able to name in the conduct of those criminal acts I’m able to credibly report.
Accept this as but one more demand to appear before sitting federal and state grand juries. Accept it as well as an emergency court filing in Mr. Huff’s pending judicial review.
Distribution of this writing is online and wide. Common law grand juries emerging around the country are free to use this actionable information as they wish.
Beware the fury of patient men.
Dauntless and Unafraid in Defiance, Born fighting,
Walter Francis Fitzpatrick, III
United States Navy Retired
Sworn and issued before me,
/s/ S. Renee Bentley
Monday, the 30th day of December 2013
at 1545 hours local ( 3:43 p.m. EST)
My commission expires: 09-23-2015
Filed: 31 December 2013 at 1006 hours (local) 10:06:53 AM EST
Certified mail #: 7011 0470 0001 6411 0447
JAG HUNTER note:
Darren’s only stop in Madisonville on Tuesday, 20 April 2010 was at Donna’s Old Town Cafe.
Photos below show Darren standing in front of Donna’s eatery with other folks who’d traveled to Madisonville to attend a public court hearing. Darren never made it to the R. Beecher Witt government building courthouse. Donna’s was as close as he got (two-tenths of a mile distant ~ 4 blocks away on a different street).
There were many others not photographed who were with Darren at Donna’s who are not shown in the photos above.
I count myself as one of those eye witnesses.
There exists a great deal more evidence proving the state and federal “MADISONVILLE HOAX.” which extends as well to prove Darren Huff’s innocence.
“The MADISONVILLE HOAX” WAS PART OF THE FBI’S OPERATION VIGILANT EAGLE (LINK).
THERE ARE BELIEFS AND THERE IS A THEORY THAT THE SATURDAY AFTERNOON ~ EVENING GANG STYLE MOB HIT MURDER OF MR. JIM MILLER WAS CONNECTED TO “The MADISONVILLE HOAX.” (LINK)
CURRENT OR FORMER TENNESSEE STATE EMPLOYEES CONNECTED TO “The MADISONVILLE HOAX!”
Here endth the lesson!
Sunday, 29 December 2013
Corrupt Federal Judges and Tennessee Officials Commit Obstruction of Justice, Go Unpunished
Posted By Sharon Rondeau On Sunday, December 29, 2013 @ 12:05 PM In National |
“THEY NEED THIS CONVICTION TO STAND”
(Dec. 29, 2013) — [Editor’s Note: On Thursday, federal prisoner Darren Wesley Huff informed The Post & Email and others that an appeal in his case has been filed and will be heard on January 30, 2014, at the Sixth Circuit Court of Appeals in Cincinnati, OH.
The attorney who will be representing Huff is Gerald Gulley of Knoxville.
Huff was convicted in October 2011 of “transporting firearms across state lines with the intent to cause a civil disorder” after false reports were made to local authorities in Monroe County, TN that he planned to “take over the courthouse” on April 20, 2010.
Initially, the trial jury produced a verdict of “not guilty” on one count and was hung on the second count, but Judge Thomas Varlan instructed them to “try again,” after which the jury pronounced Huff guilty on the one count.
An eyewitness, Bill Looman, who spent all of April 20, 2010 with Huff, provided a sworn affidavit affirming that Huff was not armed after he parked and exited his truck in Madisonville, TN. Looman stated that because would-be observers arriving for the hearing for Walter Francis Fitzpatrick, III that day were barred from entering the courthouse, he and Huff went to a restaurant across the street to have breakfast. Looman maintained that Huff was not where the government claimed he was in order to effect the alleged “courthouse takeover.”
Looman and other eyewitnesses were not called to Huff’s trial, where Tennessee Tenth Judicial District officials perjured themselves, including Gary Pettway, who had served as grand jury foreman for 28 straight years under Judge Carroll Lee Ross. Huff’s public defender, H. Scott Green, did not call Fitzpatrick, Looman or any other eyewitness in Huff’s defense even though Fitzpatrick was physically at the courthouse waiting to be called to testify.
Ross had orchestrated Fitzpatrick’s arrest after Fitzpatrick attempted a citizen’s arrest on Pettway on April 1, 2010 for over-serving his term as a juror according to Tennessee state code. The April 20 hearing was an assignment hearing which Fitzpatrick understood would take only a few minutes.
Following the April 1 incident, Fitzpatrick was indicted by the Monroe County grand jury for having intimidated Gary Pettway, who was identified as “a juror.” Fitzpatrick was also charged with riot, intimidating a juror, and disrupting a meeting. In September of this year, the state of Tennessee clarified that the foreman of a Tennessee grand jury is not a juror, but rather, a court-appointed public employee. However, the foreman routinely votes with the grand jurors as the 13th person, thereby infusing state influence into a process which is expected to be driven by citizens acting as a buffer between government and the people in accordance with the Fifth Amendment.
Tennessee state code requires that 13 randomly-selected individuals comprise a grand jury, not 12 plus a representative of the state’s interests.
Huff was also charged by the Monroe County with intimidating “a juror” for having video-taped the citizen’s arrest carried out by Fitzpatrick. Now, the state of Tennessee maintains that Pettway was not a juror.
In Monroe County, Huff took a plea of “no contest” to the charges, but a federal case was brought against him based on a faulty FBI affidavit signed by Special Agent Mark Van Balen which stated that Huff and Fitzpatrick were armed and had planned to “take over” the Monroe County courthouse on April 20. Van Balen cited unnamed “officials” upon whose statements he relied to produce the affidavit, which served as probable cause for Huff’s arrest and jailing by federal authorities.
Over the last two years, Fitzpatrick has gathered sworn and unsworn statements from eyewitnesses which say that no one in Madisonville was armed on April 20, 2010 and that no clashes with law enforcement were observed, despite the heavy presence of local police, FBI and TBI agents, a SWAT team, bomb-sniffing dogs and Tennessee Highway Patrolmen throughout the area.
Some who attended the hearing but were not allowed in to the courtroom reported being audited by the IRS afterward. This past spring, the IRS admitted to having targeted groups perceived as politically opposed to the regime’s policies. Within the last several weeks, two men who have voiced their objections to Obamacare and the fallout of insurance policies’ cancellation have reported that they are being audited by the IRS.
The Post & Email attempted to obtain documentation on the massive deployment of law enforcement on April 20, 2010 but was denied on several levels in which the government cited “privacy” concerns. The Obama regime had promised “the toughest ethics rules and toughest transparency rules of any administration in history.”
Obama has not explained why the long-form birth certificate posted on the White House website on April 27, 2011 is a forgery. On March 17, 2009, Fitzpatrick had filed a criminal complaint of treason against Obama, naming him as a foreign-born domestic enemy. A criminal investigation has revealed that the image is a forgery, that Obama may be foreign-born and that it is likely that he was not born in Hawaii, as he claims. According to lead investigator Mike Zullo, the fraudulent image was posted “with the intent to deceive.”
Mainstream media have consistently reported that Huff was pursuing a treason complaint or removal of office against Obama, which was false. In a taped interview with The Post & Email in 2011, Huff stated, “That is not my issue.”
After Huff’s trial and just before sentencing in May 2012, Varlan was presented with evidence that several government officials’ testimony had been tainted, but that evidence was ignored. In accordance with the Obama regime’s declaration that Second Amendment supporters are “militia extremists,” U.S. Attorney William C. Killian, an Obama appointee, “commended the verdict and said he hoped it would send a strong message to those who attempt to take the law into their own hands.”
Killian continued, “Under our federal Constitution and statutes Mr. Huff and others like him can talk or write about their anti-government views. They cannot arm themselves and make threats to arrest public officials and takeover government buildings. The core of our democratic system is to allow peaceful protest, but prohibit armed threats to those who serve our government. His conviction is a great achievement by Assistant U.S. Attorneys Theodore and Mackie and several local, state and federal law enforcement agencies. Their cooperative efforts resulted in this conviction.”
Since Huff’s conviction, the corruption of public officials in the Tenth Judicial District of Tennessee has become public:
One of the officials named as a criminal by both Huff and Fitzpatrick is District Attorney General R. Steven Bebb, who is reported to under consideration to be removed from his post by the Tennessee General Assembly for professional misconduct and possible criminal behavior after the attorney general failed to find Bebb guilty of crimes.
Contrary to the indictments issued against Fitzpatrick and Huff, Pettway has been officially declared by Tennessee Assistant Attorney General for the Criminal Justice Division, Kyle Hixson, not to have ever been “a juror.”
Judge Carroll Ross is retiring after numerous incidents of misconduct have been exposed by Fitzpatrick, Huff, The Post & Email, and Appellate Judge Thomas M. Tipton, who reversed Ross’s convictions against George Raudenbush on the grounds that Ross denied him his constitutional right to counsel in 2011.
The grand juries which have issued indictments against the above defendants and all others over an unknown number of years have been illegally composed of 12 citizens, some of whom were not chosen randomly and served consecutive terms in violation of Tennessee state law.
Assistant District Attorney General Paul D. Rush, who prosecuted Fitzpatrick in the case now on appeal, has been cited for ethics violations by the Tennessee Board of Professional Responsibility after Rush specifically identified The Post & Email as lacking in “ethics” and “integrity.”
Fitzpatrick’s defense attorney, Van Irion of Knoxville, has just announced that he is running next year for Criminal Court Judge against Amy Armstrong Reedy, who Fitzpatrick named as a criminal for hand-picking jurors for the 2012 term in open court, a fact Irion presented during the appeals hearing for Fitzpatrick on November 20.
Since discovering massive corruption within the Monroe County grand jury in December 2009, Fitzpatrick has attempted to enlist the assistance of the Knoxville FBI, the TBI, local police, sheriff’s department, and district attorney general’s office, but all have proven either corrupt themselves or unwilling to open an investigation.
The McMinn County grand jury is similarly compromised, with a judge-appointed foreman who exerts influence over the 12 grand jurors but denies that he has engaged in obstruction of justice even when he himself is the subject of a criminal complaint.
Fitzpatrick has attempted to bring the exculpatory evidence relating to Huff’s case as well as the corruption of Tenth Judicial District officials to the federal grand juries sitting in Knoxville but has been blocked by Killian, Magistrate H. Bruce Guyton, and Varlan. Here, Fitzpatrick explains how Guyton was compromised in his actions on Huff’s case and that grand juries at both the state and federal levels have become tools of the government, not of the people.]
Three years ago, I could have walked into a grand jury either at the state level or federal level and talked to some degree about the suspicions we had about the scope and operation of grand juries then, pointing directly at Mr. Pettway and saying “He’s been there for 28 years; there’s something wrong here. I’m willing to work with you folks in the grand jury to get to the bottom of this.” And you know what happened.
Almost three years ago, I tried to get in front of the federal grand jury directly. We knew that that Darren had falsely set up, falsely accused, and falsely arrested. There were two federal grand juries sitting at that time in Knoxville. I contacted the jury coordinator, Helen Spears, who sent me a handbook on the federal grand juries. I sent in a submission on March 16, and I sent a second on April 7.
These were mailed before I got Guyton’s letter. These three mailings were blocked. The 16 March mailing, which was a challenge to the grand juries, was returned unopened three weeks later. In the meantime, I sent in two more: the ones from the 7th of April and 8th of April. Those were not returned; he kept those.
I sent copies of the other mailings to the U.S. attorney and to Richard Lambert, who was the special agent then in charge of the Knoxville FBI.
And the other submission crossed in them mail with his letter back to me saying, “You can’t petition the grand jury directly. You have to go through me, the judge, the court; or you have to go through the U.S. attorney. He wrote that in the letter citing the case of New Haven Grand Jury from 1985.
What’s significant is that H. Bruce Guyton – and I didn’t know it at the time; I found out later – was the sitting judge in Darren’s case. He was making rulings on Darren’s case from the bench. Later on, I thought Guyton was going to be the trial judge, but it turned out to be Thomas Varlan. Darren had issues with the court; he was filing submission to the court, and they were all going to H. Bruce Guyton.
Guyton was preventing me from getting information into the grand juries about Darren and which eventually was about Guyton and other people in the federal government to include U.S. Attorney William C. Killian and Richard L. Lambert from the FBI. As time passes, we have learned more about what happened on April 20, 2010, and I’m still collecting information from people who were in Madisonville that day. It took me a couple of years, frankly. So we’re still putting together a picture from witnesses as to what happened, but I had enough to start a process for the grand juries to take a look at what was going on in the Tenth Judicial District. Guyton blocked me from doing that for no reason. He said, “I’m not going to give you permission; I’m deferring to the U.S. Attorney.”
All these mailings went to Guyton, Lambert and William C. Killian, the U.S. attorney in Knoxville, and they probably just threw all of this information away. Other mailings I sent after that went directly to Killian, and I got nothing back from him. In fact, the only letter I got from his office said, “Don’t send us anything else; it will be thrown away.”
This has been the attitude of the federal government from day one. As time has passed, you know how much information we have come into possession of regarding the Madisonville Hoax, who did what, the perjury at Darren’s trial, the revelation here that is just days old that the grand jury foreman is not a juror. If we had known then what we know now, Darren would not be in a federal prison. One of the ways that we could have known back in the spring of 2011 is if a federal grand jury had picked this up and started asking questions of the people in the local community about “How is it that the law says that a juror can’t be in the jury for more than one term, but the foreman serves multiple terms?” The grand jury could have started asking questions which the appellate court now has asked in my case since. And the state has now come in and they’ve been forced into a position where they have to admit that the grand jury foreman is not a juror.
I believe that if Guyton had allowed me to go forward with what we knew then, the grand jury could have discovered this on their own before Darren’s case ever came to trial. It wouldn’t have taken them long to start calling people into the federal jury room in Knoxville and start putting these people under oath and having people such as Gary Pettway explain under oath how he had been in that job for 28 years in a row. But that didn’t happen, and the reason it didn’t happen was because of Bruce Guyton’s obstruction and that of the FBI and William C. Killian.
The reason we’re talking about this now is that I just learned that Darren Huff has a hearing on 30 January 2014, and we can’t seem to get any of this information into the court that is hearing the case. We’re being obstructed in the same way that Bruce Guyton obstructed me almost three years ago. One of the reasons they want Darren in prison is that they successfully prosecuted him for a “thought crime.”
An article written by Jamie Satterfield three years ago on Friday and updated three years yesterday discusses the rulings that H. Bruce Guyton handed down in the case of Darren Wesley Huff, and they went to whether or not he should be locked up or wear an ankle bracelet. Bruce Guyton is the guy who blocked me from getting in front of a grand jury and talking about the case over which he was presiding.
He didn’t know what I was going to bring to the grand jury, but after follow-on submissions to the U.S attorney, which I made and were not answered, I went to the FBI and met with Special Agent Roxane West for three hours. I met with her, and nothing happened.
If nothing else, it’s important that we get this information out publicly.
Bruce Guyton could have been responsible for Darren’s being released. There was a federal judge obstructing justice.
We had a lot back in the day, and the juries should have called me in, but they did not.
The Post & Email asked Fitzpatrick if he believes there is anyone else who could be approached with the information he tried to present to the federal grand juries, to which he responded:
Darren Huff has an eyewitness to his whereabouts all day long on April 20, 2010 who was not called to the stand in Darren’s defense. Darren was set up by his own defense attorney. I was there to testify on Darren’s behalf. Nobody who could have squared away this jury would have been able to convict Darren, because he was not physically ever at the place where the FBI said he committed a crime that day. If all we have is Bill Looman’s sworn statement, then we have all that we need to get Darren released. We have so much more.
How do we get this in front of a judge for January 30? That is a question I can’t answer.
In going back over this information, I’ve come up with this other fact that a federal judge, H. Bruce Guyton, obstructed Darren’s getting a fair hearing. He could have prevented all of this from happening to Darren then. That’s another dynamic here that the appeals judges need to know about: that a federal judge has committed a crime.
Darren has been locked up as a political prisoner as we’ve said before.
We have this battery of information; it’s a lot, and it’s powerful. We can prove that we knew enough back in the day to exonerate Darren and that we were physically obstructed by the FBI, the U.S. attorney’s office, and by a federal judge who was hearing Darren’s case at the time. That’s pretty big.
We have it in writing that anything I might send to Killian is going to be thrown away. So I tried to go to a state grand jury here about ten days ago to raise up the issue that way, and I was turned away again. You remember my telling you about waiting hours to get in and then having McMinn County grand jury foreman Jeff Cunningham be the one who blocked me from getting in when he’s named in the complaint.
It reminds me of the Soviet Union, Nazi Germany…it’s the government that I was trained to fight against. It is the government that all military personnel are trained to fight against. When they taken an oath to the Constitution, this is the domestic enemy from within. We’re seeing it firsthand. I can’t make it any more plain to people that grand juries have been taken over by the government than to demonstrate to them what happened at the federal level which is the letter that says, “You can’t get in here by any means.” The fact that Bruce Guyton obstructed this and it has never come to the fore to correct the mistake; we’ve tried to get in front of Thomas Varlan to get me in front of a grand jury; Varlan hasn’t cooperated. And now you see where at the state level, the people are not able to critically think through what it is they’re supposed to be doing. Frankly, I don’t know that they know what they’re supposed to be doing. They see a guy like Cunningham and say, “Hey, Jeff, now what?”
That’s the problem we face. We need juries that we can depend upon to stand up and to take back our government. Look at all of the efforts that have been made to get this information in front of a grand jury, and to have done that would have completely cleared Darren a long time. It would have blocked Darren from ever being prosecuted in the first place. This is all being done with purposeful intent.
This information was provided to Scott Green, who did not defend Darren.
The judge who was hearing Darren’s case blocked me from coming in to talk to the grand jury about the case. Darren could have been exonerated. It was as if Guyton was preventing Darren from defending himself.
If all we had was Bill Looman’s eyewitness testimony about Darren’s physical presence that day and the fact that Darren was not armed in Madisvonville, TN, that should have been enough. Nobody who testified that Darren was there that day had to prove that he was there that day. It was all cops who said that, and they committed perjury. They also had Gary Pettway come in and commit perjury by representing himself as a “real grand jury foreman juror.”
Darren’s release is just the first of thousands of dominoes which start to fall when you take a look at the larger picture, and the federal government is doing everything it can do to block Darren from proving his innocence. The people who are involved in the obstruction involves the federal judge who was hearing Darren’s case at the time, who had a conflict of interest in Darren’s case and was ruling on the case after the submissions were sent by me to Guyton, who was involved in this all the way up until Darren’s trial.
Guyton could have let me in. Why didn’t he? Killian could have let me in, and he didn’t. It’s because they need this conviction to stand.
© 2013, The Post & Email. All rights reserved.
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Darren’s case is presently and singularly the most important case in United States history (CLICK HERE)!
Thursday, 26 December 2013
Exclusive: Tennessee Tenth Judicial District Public Defender Speaks with The Post & Email
“A CONSTITUTIONAL RIGHT TO MAKE BOND”
(Dec. 24, 2013) — On Monday, Tenth Judicial District Senior Public Defender Richard Hughes contacted The Post & Email regarding George Raudenbush, whose convictions and subsequent incarceration have been reported in detail previously.
Raudenbush was denied his constitutional right to defense counsel by Judge Carroll Lee Ross, who announced this past August that he would retire in August 2014 just before Raudenbush advised The Post & Email in a letter that the convictions were in the process of being reversed.
An opinion by an appeals court judge, Thomas M. Tipton, affirms Raudenbush’s statements.
Hughes explained that Tipton set the bond for Raudenbush at $25,000 but that Hughes was able to argue successfully that it be reduced to $10,000, 10% of which would be required to effect Raudenbush’s release pending the new trial. Hughes added that at times, a bondsman will accept something less than 10%.
On Friday evening, Hughes asked that “family and friends” of Raudenbush consider raising the bond amount if they are able so that Raudenbush could be released from prison before Christmas. During our interview, The Post & Email told Hughes that a reader had offered to donate $100 toward the $1,000 needed, after which Hughes explained that on Monday, he spoke with the Tennessee Department of Corrections, which informed him that a “mandate” authorizing Raudenbush’s release had not yet been received.
“He has the constitutional right to make bond,” Hughes said.
When The Post & Email asked Atty. Hughes to explain how the convictions were reversed, he told us:
The trial court had appointed the public defender to represent George. He had filed for post-conviction relief from his conviction and sentence, and Judge Ross had appointed my office to represent him on appeal, which is called a late appeal because George didn’t know to file a timely appeal because he’s not an attorney. I got personally involved and did the appellate brief myself. The basis for the appeal was the violation of George’s Sixth Amendment right to counsel. He did have a right to appointed counsel, and Judge Ross violated that by not appointing an attorney at trial or even during the sentencing phase of his case.
There is case law where a person can forfeit his right to counsel, and it requires pretty extreme conduct on the part of the defendant. There are a whole lot of cases where the court has ruled that a person has forfeited his right to a lawyer by his actions, but the conduct has to be pretty egregious. There are cases where the defendant will not work with his attorney, sometimes even make threats to the attorney, won’t listen to their advice, refuse to meet with them, and then there are cases where that attorney will be relieved and another lawyer appointed, and then the same thing happens and the court ruled that the defendant is trying to delay justice in his case to avoid being tried by not cooperating with counsel. In those cases, the court can rule that you’ve forfeited your right to a lawyer by your words and actions.
Tipton, in the majority opinion, said that nothing that George did rose to the level where he had forfeited his right to an attorney, so Judge Ross violated his right to counsel. Basically, the judge should have made a decision as to whether or not George was indigent. There was never a hearing- I’ve been a public defender a long time, and my understanding is that when a person requests it, the judge has to have a hearing to determine indigence. Because of George’s religious views, he refused to swear an oath as to the information contained in the affidavit of indigence when he applied for the public defender. Judge Ross said that because he wouldn’t swear to it, he wouldn’t consider it.
The Post & Email said, “But you can affirm, can’t you?” to which Hughes answered, “You can affirm.”
The court of appeals said that that was not sufficient – that because he didn’t want to swear to the information enclosed in no way forfeited his right to counsel. The way I understand the posture of George’s case, he has to come back to Monroe County once the mandate is in; he’ll return to the county jail; he’ll appear back before the trial court, and my office would have to be appointed. There would still have to be again the determination that George is indigent for an appointment of counsel. So right now, this minute, I don’t represent George Raudenbush for the new trial on those charges. I represented him on the appeal; we won; so right now, he’s back where he was before he was ever tried. He doesn’t have a public defender; he obviously can apply for a public defender, and I would imagine that things will be a little different. If he qualifies, my office will be appointed and George can have a trial.
I know he doesn’t want to be tried again; he doesn’t think he should be tried again. But the state can try him. They did not vacate, although there are situations where they vacate and the judge may order that the case is over. Here, the judge reversed the convictions and remanded the case back to the trial court.
I would think George would be back before Judge Ross, and I would think that with what he has gone through, either the public defender or the counsel of his choice will be making a motion to remove Judge Ross from hearing the case a second time. I haven’t really thought through all of that, but I’m sure, based on the letters I have received from George, that would be one of his first requests.
“Would Judge Ross have any reason to refuse to recuse himself?”
Judge Ross can say, “I’m not going to recuse myself. The Court of Appeals reversed the conviction; I respect the Court of Appeals; whether I agree or do not agree with them, they’ve acted, and I have to honor the decision they’ve made, but there’s no basis for me to step aside.” Or Judge Ross may decide, in the interest of justice based on what happened, from the perspective of George Raudenbush, that he should recuse himself. There are situations where the judge is supposed to look at the case from the perspective of the defendant and whether or not the defendant thinks he can get a fair trial. The judge in his own mind might say, “Well, of course I can be fair; there’s not the appearance of impropriety and I’ve done nothing inappropriate.” but he will recuse himself just as a precaution and say, “From the standpoint of the defendant, I understand that he may feel that the court can’t be fair, and I’m going to step aside.”
“It would certainly remove any doubts about Judge Ross’s intentions or feelings about the case. He recused himself from one of CDR Fitzpatrick’s cases.”
The Post & Email then asked, “Are you able to speak at all to any corruption going on in the Monroe County criminal court or any of the Tenth Judicial District courts?
I know what you know, which is there has been a TBI investigation of the district attorney’s office, and the TBI released a report which I have not seen. I’m not authorized to review that, but my understanding is that they’ve reached a determination that there was no crime committed. There was a five-part series in The Chattanooga Times Free Press in which Judy Walton on the district attorney’s office and Drug Task Force. TBI decided that there was no crime committed, but there’s still the open question as to whether or not there was any unethical conduct.
“Members of the both the Tennessee General Assembly’s House and Senate Judicial Committees are trying to remove Bebb from office.”
Yes, the first of the year, there’s a committee formed to determine whether or not to proceed with an ouster of the district attorney general. When the General Assembly of Tennessee goes back into session in January, that committee is formed to make a determination. Obviously, I don’t know when that decision will be made or what the outcome will be, but I would imagine it will be made pretty quickly as to whether or not they are going to proceed. My understanding is that that committee has had the chance to review the entire TBI investigative file. All I know is what I’ve read, although I’m aware of certain things that have occurred. Most of what I know is based on what was reported in The Chattanooga Times.
I know Mr. Fitzpatrick feels passionately that the grand jury system in east Tennessee is unethical. I don’t know. Some states don’t have a grand jury system to charge people.
“There are no grand juries here in Connecticut, where they were legislated away in 1983.”
I don’t know…they say that the grand jury is a buffer between the powers of the state, the district attorney and law enforcement; and other people say, “It’s just a rubber stamp for the district attorney’s office.” I know there are differences of opinion on the necessity of a grand jury system. I know Walt feels as if there’s wrongdoing in the grand jury, unethical conduct…To be honest with you, I haven’t really followed that issue. I know what happened to Walter; I remember the charges, and I know he went through a trial. I know it’s on appeal. I talked to him and had a good conversation last week. I know he feels strongly that the system that’s in effect in east Tennessee and in Monroe County is illegal, a violation of the law. I know he feels strongly about that. Obviously, there’s no case law at the present time to support that. I don’t know how often that issue has been litigated.
The Post & Email then shared some of the experiences and research carried out by both Fitzpatrick and The Post & Email on Tennessee codes governing jury selection, including the District Attorneys General Conference website which says that a grand jury consists of 13 members of the community chosen randomly, from which the foreman is then chosen. In Tennessee, judges have been choosing their own foreman and hiring him or her as a court employee by an unknown vetting process.
The Post & Email then extended an offer to set up a complimentary account for Atty. Hughes and invited him to read and refute any of our contentions either on or off the record, which Hughes accepted.
Regarding the bond for Raudenbush, Hughes said that he could not handle the money himself. “A concerned friend or family member would have to be the one to collect and handle that,” he said. He affirmed that until the written mandate is received by the Department of Corrections, Raudenbush could not be released even to a county jail. “That mandate must be received before he can post bond,” Hughes said.
The Post & Email asked Hughes what his motivation was to put out the word about Raudenbush’s bond beginning on Friday evening given that he is technically not yet retained to handle the case, to which he responded:
I’ve been a public defender ever since I’ve been an attorney. Since 1989, I’ve been in this office. I feel strongly in the right to counsel. I feel that I have a good office. I certainly support my office and public defenders throughout the country. It’s a tough job, it’s an important job, and it’s important to the administration of justice. The Court of Appeals said that George’s right to counsel was violated, that he should have had an attorney through all proceedings that occurred in his case. I don’t know George. We’ve corresponded by letter; I know he’d like to see me in person. But I feel that based on what’s heard and the fact that the determination has been reversed, I would like to see him make bond. He’s been in custody for two years; the Court of Appeals says it was an erroneous conviction, and I would hate to see him in jail for many more months when his case has been set aside.
It’s not every day you get a conviction reversed. It’s very difficult, in my estimation. I’ve appealed quite a few cases, and the large majority of convictions are affirmed on appeal, so when you have a reversal, it catches your attention, and certainly, anybody in George’s situation in which his convictions are reversed, I’d like for him to have the opportunity to be able to make bond. He has a constitutional right to make bond, and that’s why I filed the motion.
Thursday, 2 May 2013
PRESENTLY AND SINGULARLY THE MOST IMPORTANT COURT CASE IN U.S. HISTORY
USA v. DARREN WESLEY HUFF
In October 2011 the United States Justice Department under Barack Hussein Obama and Eric Holder successfully prosecuted and achieved the conviction of a U.S. citizen based solely upon what U.S. government functionaries said they thought the accused man was thinking!
Other Tennessee law enforcement criminal assistants named are Andy Corbitt, Russ Winkler, and J.C. Parrot.
The list of names provided herein is not exhaustive.
LINK: The Post & Email