Sharon Rondeau @ The Post & Email: PETITIONING GOVERNMENT NOW A CRIME PUNISHABLE WITH PRISON TIME
Tuesday, 1 July 2014
Click on the illustration for Managing Editor Sharon Rondeau’s full Post & Email report
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Should Judge Blackwood Be Criminally Prosecuted?
Posted By Sharon Rondeau On Monday, June 30, 2014 @ 1:57 PM In National |
PETITIONING GOVERNMENT NOW A CRIME PUNISHABLE WITH PRISON TIME
by Sharon Rondeau
(Jun. 30, 2014) — 12:40 p.m. EDT – The petition launched at change.org on Sunday calling upon the Tennessee judiciary to cease and desist its illegal arrest, charging and conviction of innocent citizens for attempting to expose government corruption has garnered 55 signatures as of this writing.
The petition specifically demands that Senior Judge Jon Kerry Blackwood vacate the verdict of a jury from last Tuesday which convicted CDR Walter Francis Fitzpatrick, III (Ret.) of “aggravated perjury” and “extortion” after attempting to petition the McMinn County grand jury with evidence of crimes committed by the judges, prosecutors and grand jury foremen of Tennessee’s Tenth Judicial District.
One of the signers, Col. Harry Riley (Ret.), is founder of Operation American Spring (OAS) and has called upon numerous federal officials to resign their posts for violations of their oaths to the U.S. Constitution. In a comment left under his signature on Monday, Riley stated:
Judicial illegal activity has become tyranny in the U.S. What is the matter with “we the people” in Tennessee?? These judges, prosecutors, jury foreman are criminals that should be prosecuted.
Since late 2009, Fitzpatrick has exposed systemic corruption in the Tennessee courts which has been borne out by many other victims and members of the Tennessee House of Representatives and Senate. In Tennessee, no private citizen can bring evidence or a criminal complaint to the Tennessee Bureau of Investigation (TBI) or the U.S. attorney for the Eastern District of Tennessee, as The Post & Email has recently re-confirmed.
For decades, criminal court judges have been appointing grand jury foremen, who often exert undue influence on the grand jury, which affects whether or not they issue an indictment against an accused. Last Tuesday, Fitzpatrick’s conviction was issued as a result of of a tainted grand jury which, in January, had been prejudiced by then-McMinn grand jury foreman Jeffrey Cunningham and then voted to indict Fitzpatrick in March.
Blackwood refused to consider that the grand jury’s indictment of Fitzpatrick was affected by Cunningham’s informing of them of Fitzpatrick’s “history” in January and the escorting of the grand jury members out of the courthouse after Fitzpatrick was asked to leave, giving them the impression that he was a dangerous person.
One grand jury said in sworn testimony in a pre-trial hearing in the Fitzpatrick case that she voted to indict because she herself felt “threatened” by Fitzpatrick based on what she had been told.
Blackwood upheld the indictments and the convictions.
Prosecutor A. Wayne Carter claimed that Fitzpatrick lied in petitions he attempted to submit to the grand jury over a period of months and which were blocked by Cunningham, but in sworn testimony last Monday, Cunningham stated that Fitzpatrick made no misstatements.
Fitzpatrick’s attorney, Van Irion, claimed that Fitzpatrick had exercised his constitutional right to petition his government for the redress of grievances under the First Amendment, “to do what the law plainly allows.”
During his closing argument at the trial, Carter objected to Fitzpatrick’s having worn his Navy uniform to the trial, although a congressional statute allows retirees to do so.
The Post & Email launched a second petition at whitehouse.gov here:
http://wh.gov/l6S38
urging that the FBI be tasked with launching a criminal investigation into public corruption in Tennessee, which has been ranked third in corruption in a recent research study.
Since at least 1980, Blackwood has participated in choosing grand jury foremen who have worked for years and sometimes decades in violation of Tennessee code.
The conviction of a citizen without a proper trial is called “attainder.”
Assaults on the First Amendment have increased under the Obama regime to include as targets veterans, homeschoolers, religious freedom groups, Second Amendment advocates, Tea Parties, traditional marriage and pro-life groups.
As a result of Tuesday’s verdict, in Tennessee and the nation as a whole, petitioning the government for redress is now a crime punishable by prison time. How many are willing to live with that?
© 2014, The Post & Email. All rights reserved.
Article printed from The Post & Email: http://www.thepostemail.com
URL to article: http://www.thepostemail.com/2014/06/30/should-judge-blackwood-be-criminally-prosecuted/
SHARON RONDEAU ~ THE POST & EMAIL: “WHAT DOES THIS MEAN FOR THE REST OF THE COUNTRY?”
Sunday, 29 June 2014
A CHRISTIAN CITIZEN, EUGENE WITING’S PREAMBLE
“The Constitution of the United States is dead.
“On June 24 2014 in Judge Kerry Blackwood’s court the Constitutional rights of Commander Walter Fitzpatrick were taken away. His right to present to the Grand jury redress of grievances of massive government corruption was denied.
“Please note that his rights under the Constitution are the same as yours and when Commander Fitzpatrick lost his rights so did you. There will be a federal civil rights trial in the near future over this miscarriage of justice.
“Commander Fitzpatrick was found guilty with hearsay and lies on the part of the prosecutor Mr. Carter [Colonel, U.S. Army Retired] and [banker – attorney] Mr. Jeffry Cunningham. There was and never will be any proof of guilt. Mr. Cunningham denied Commander Fitzpatrick his right ( and yours ) to present to the Grand jury redress of grievances against the judicial side of Government of McMinn County TN. [Cunningham] also broke the law by not recusing himself when he knew what was in the presentment to the grand jury.
“The prosecutor Carter would not even honor Commander Fitzpatrick by calling him Commander. All you Vets beware you may be next if you have the courage of your convictions and keep your oath to our nations military to stand for freedom.
“Note there are more Americans in prison in the United States per capita than any country in the world. Many of which do not deserve to be in prison put there by a rigged grand jury. Some are guilty of “thinking “ about doing something. Now the thought police are on the seen.
“Juries are so important that they can even nulify bad laws. Did you know that? The defense is banned to even bring that up in the court room.
“Shame on the judges, prosecutors and juries!”
CLICK HERE!
THEN PASS THE WORD!
NOW, SHARON RONDEAU’S REPORT
– The Post & Email – http://www.thepostemail.com –
First Amendment Dead in Tennessee pb
Posted By Sharon Rondeau On Saturday, June 28, 2014 @ 4:37 PM In National |
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WHAT DOES THAT MEAN FOR THE REST OF THE COUNTRY?
by Sharon Rondeau
(Jun. 28, 2014) — The same McMinn County, TN grand jury which was prejudiced by its foreman in January issued a presentment in March charging CDR Walter Francis Fitzpatrick, III (Ret.) with extortion, harassment, stalking, and aggravated perjury.
On Tuesday, Fitzpatrick was convicted on the counts of extortion and aggravated perjury but acquitted of harassment. Judge Jon Kerry Blackwood, who was ordered to leave the bench in an unrelated case because of questions about his “impartiality,” dismissed the charge of “stalking” prior to the end of the trial.
On numerous occasions since late 2012, Fitzpatrick had attempted to submit evidence of crimes committed to the McMinn County grand jury in an exercise of his First Amendment right to “petition the Government for a redress of grievances.”
In Tennessee’s Tenth Judicial District, which includes McMinn, Polk, Bradley and Monroe Counties, the grand juries alternate months of service so that the January group skips February and is convened again in March, then in May.
In January, then-grand jury foreman Jeffrey Cunningham had “informed” the grand jury of Fitzpatrick’s “history” after Fitzpatrick attempted to submit evidence of misconduct on the part of public officials to include Cunningham, the criminal court judges, prosecutors, and local law enforcement. Fitzpatrick had asked Cunningham to recuse himself from the matter since he was named in the complaint, in accordance with state law, a point which Fitzpatrick’s attorney, Van Irion, raised during the trial.
One of the grand jurors said she voted to indict Fitzpatrick because she felt “intimidated” by him after what Cunningham had told the group in the grand jury room.
Cunningham refused to remove himself from presenting any of Fitzpatrick’s petitions to the grand jury while he served as foreman, reportedly resigning on March 4 of this year.
In February, Cunningham threatened Fitzpatrick with arrest if he should make another effort to bring a submission to the grand jury.
Blackwood was not impartial in Fitzpatrick’s case, as he had refused Fitzpatrick’s request without a hearing for a subsequent restraining order against Cunningham.
At issue was the hand-selecting of the grand jury foreman by the criminal court judges, a practice dating back decades in Tennessee but which is found nowhere in state code. The Tennessee Rules of Criminal Procedure mandate that the grand jury foreman, while chosen by the judge, “must possess all the qualifications of a juror.” A person chosen without the same vetting process as those selected in accordance with state law may or may not possess those “qualifications.”
The Fifth Amendment in the Bill of Rights is the only place in our founding documents which mentions the grand jury. One legal source notes it as a “protection against abuse of government authority.” When the Constitution was under deliberation, a Bill of Rights was insisted upon by the anti-Federalists, who feared that a central government created by the states would overreach its constraints and usurp power from the people.
Since Cunningham admitted that Fitzpatrick’s claims were accurate during testimony, it is unknown how the conviction on “aggravated perjury” materialized. In Tennessee law, “extortion” signifies an attempt to “coerce” someone to do something.
There must be a unanimous finding of guilt for a conviction. A legal analysis of the provisions of the Sixth Amendment, which includes the right to a trial by a jury of one’s peers, states:
By the time the United States Constitution and the Bill of Rights were drafted and ratified, the institution of trial by jury was almost universally revered, so revered that its history had been traced back to Magna Carta. 42 The jury began in the form of a grand or presentment jury with the role of inquest and was started by Frankish conquerors to discover the King’s rights…
The guarantees of jury trial in the Federal and State Constitutions reflect a profound judgment about the way in which law should be enforced and justice administered. A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government. Those who wrote our constitutions knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. The framers of the constitutions strove to create an independent judiciary but insisted upon further protection against arbitrary action. Providing an accused with the right to be tried by a jury of his peers gave him an inestimable safeguard against the corrupt overzealous prosecutor and against the compliant, biased, or eccentric judge. . . . [T]he jury trial provisions . . . reflect a fundamental decision about the exercise of official power–a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power . . . found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence.” 48
With the systemic corruption within the Tennessee courts as reported by The Post & Email over more than four years, it is difficult to know whether or not the jury was “impartial” in Fitzpatrick’s case.
The prosecutor, A. Wayne Carter, said that Fitzpatrick lied in his attempted grand jury submissions, but Cunningham said that Fitzpatrick’s statements were accurate.
Carter retired from the U.S. Army as a “full-bird” colonel and has asked that Fitzpatrick be sentenced as a “career criminal” with enhanced sentencing for attempting to exercise his constitutional rights to petition the grand jury. Carter excoriated Fitzpatrick for wearing his Navy uniform by asking, “How dare he wear his uniform here? How dare he?”
Title 10 U.S.C., Section 772 (c) permits the wearing of a military uniform by retirees. Fitzpatrick served in the Navy for 24 years and was honorably discharged.
In his submission, Fitzpatrick had attempted to inform the grand jury that its then-foreman, Jeffrey Cunningham, was acting outside the law by failing to inform them that he was a court employee hand-selected by Judge Amy Reedy rather than empaneled from a randomly-chosen jury pool as state law requires. No one objected when Irion stated in a pre-trial hearing that Cunningham was an employee of the Tenth Judicial District rather than an empaneled juror; however, during the trial, both Carter and Cunningham characterized his role as “a juror.”
Last fall, Tennessee Attorney General Robert E. Cooper’s office issued a brief to an appellate court which stated unequivocally that the grand jury foreman “is not impaneled” as the other grand jurors are.
In Monroe County, grand jury foreman Gary Pettway was described in an indictment against Fitzpatrick as “a juror.”
Cunningham was “selected” when Reedy called him “at home” one evening and asked him to serve as her “next grand jury foreman” for McMinn County beginning in 2012.
As the alleged victim of the crimes, Cunningham testified on the witness stand that the statements in Fitzpatrick’s criminal complaints were accurate. Carter insisted that they were not. Cunningham retracted his position as Fitzpatrick’s accuser at the pre-trial hearing, and no police report or sworn statement was produced.
How, then, did the jury reach its conclusions?
Innocent men and women have spent years, and sometimes decades, in state prisons in Tennessee because of corrupt judges.
During Fitzpatrick’s trial, a rally calling upon a raise in the minimum wage was held outside the courthouse. With last week’s jury verdict – that petitioning the Government for a redress of grievances is a felony – such future rallies will no longer be possible under the First Amendment.
The Obama regime targeted Tea Party, Second Amendment, pro-life, Christian, traditional-marriage groups and even a U.S. senator beginning in 2010 in an effort to quell their freedom of speech guaranteed under the First Amendment. Obama operatives have been actively involved in silencing anyone investigating Obama’s background, life story, birthplace, or the veracity of his statements. At the time of this writing, at least one of the operatives is facing criminal indictment for some of the same “crimes” of which Fitzpatrick was accused.
Beginning approximately three weeks ago, Fox News, Fox News Radio, and The Washington Times began to openly discuss the issue about Obama’s eligibility, birthplace, and life narrative, ending a six-year media blackout on the subject. Sheriff Joe Arpaio, who launched an investigation at an undisclosed time after his Cold Case Posse declared that Obama’s long-form birth certificate and Selective Service registration form were fraudulent, has told The Times that he is “honing in” on the creators of the forgeries.
Now, almost daily, new revelations of corruption, intimidation, possible blackmail and illegal leaking of confidential information on the part of the regime are made by internet and broadcast media.
On March 17, 2009, Fitzpatrick filed a criminal complaint of treason against Obama for being a “foreign born domestic enemy.” After filing it on the federal level, Fitzpatrick attempted to take it to the Monroe County grand jury, where he resided at the time. It was then that he discovered that Tennessee grand jury foremen serve for years, and sometimes decades, at the pleasure of criminal court judges.
Five years ago, Fitzpatrick was a lone voice naming Obama in the commission of treason. Today he is not.
Adm. James A. Lyons (Ret.), formerly Commander, Pacific Fleet while CDR Fitzpatrick served in the Pacific Fleet, has described Obama’s actions as “the agenda an enemy would devise.” On June 23, Lyons wrote in an op-ed in The Washington Times:
…What’s happening to America’s standing in the world is not due to incompetence, as some have claimed. This is planned. We are witnessing the Obama administration’s embrace of the Muslim Brotherhood creed, which is to destroy America from within. Congress must be responsible to take back America. Nothing less is acceptable.
Numerous others have joined the chorus accusing Obama of treason against the United States of America.
Radio show host Carl Gallups, who is privy to some of the investigative findings of Arpaio and the Cold Case Posse, said on his “Freedom Friday” show last night that Obama comes from a “deep Sunni [Muslim] background.” During the 2008 campaign, Obama claimed he was a committed Christian, but his actions have belied his words as he continues to arm Islamic radicals throughout the Middle East.
Gallups also asserted that “we know” that blackmail was used by the regime as an attempt at intimidation, although he did not elucidate further.
In January 2010, Fitzpatrick wrote of the corruption in the Tennessee courts:
Judges and prosecutors trashed our grand juries in favor manufacturing a dark, secret machine few know about or know how to operate. The state designed and manufactured the machine to take direct action against people the state criminally accuses.
The machine and its operation are necessarily cloaked and hidden in order to keep the machine running smoothing without outside interference. Secrecy further gives cover to government criminals self-absorbed in protecting themselves and government criminal cohorts operating similar machines throughout Tennessee State and throughout America.
In The Post & Email’s first report on Tennessee judicial corruption entitled “The Face of Treason,” Fitzpatrick described the criminality of a long-serving grand jury foreman as “breathtaking and beyond people’s ability to believe.”
At the Bundy Ranch in April, BLM agents retreated after a large group of people arrived to defend the Bundys’ property and right to graze their cattle on the land in dispute. Of the entrenched judicial corruption in Tennessee, Fitzpatrick has said, “It’s going to take large numbers of people standing up.”
“But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever.” — John Adams
© 2014, The Post & Email. All rights reserved.
Article printed from The Post & Email: http://www.thepostemail.com
URL to article: http://www.thepostemail.com/2014/06/28/first-amendment-dead-in-tennessee-pb/
CLICK HERE!
THEN PASS THE WORD!
JAG HUNTER here with an update: CALL TO GENERAL QUARTERS REGARDING THE CASE OF DARREN WESLEY HUFF!!
Friday, 27 December 2013
GENERAL QUARTERS! GENERAL QUARTERS! ALL HANDS MAN YOUR BATTLE STATIONS! THIS IS NOT A DRILL!
I just learned that oral arguments in Darren Wesley Huff’s case are to be heard before the U.S. Court of Appeals for the Sixth Circuit on Thursday, 30 January 2014: CASE # 125581 ~ United States v. Darren Wesley Huff. The Courthouse for Darren’s hearing is located in Cincinnati, Ohio.
Darren’s case is presently and singularly the most important case in United States history (CLICK HERE)!
I’m reaching out in an effort to find an attorney who can intervene and intercede on Darren’s cause. The stakes here are epic in that Darren’s case stands to set precedent giving license to future and fruitful federal “thought crime” arrests and prosecutions (CLICK HERE).
I’M CALLING OUR FOR SOMEONE WHO CAN SUCCEED IN GETTING SOME OR ALL OF THE INFORMATION REPEATED BELOW AND AVAILABLE ON DEMAND TO THE BENCH OF THE U.S. SIXTH CIRCUIT COURT OF APPEALS IN CINCINNATI ON OR BEFORE THURSDAY, 30 JANUARY 2014.
ARGUMENTS COMMENCE AT 0900 HOURS (local ~ CST). THE ARGUMENT HEARING IS OPEN TO THE PUBLIC.
CLICK HERE FOR CONTACT INFORMATION AND DIRECTIONS FOR THE SIXTH CIRCUIT COURT OF APPEALS!
(Note: Why Cincinnati, Ohio? The U.S. Court of Appeals for the 6th federal district, located in Cincinnati, Ohio, is responsible for appellate review of cases emanating out of Kentucky, Michigan, Ohio and Tennessee. Darren’s federal trial ran from 18 – 25 October 2011 in Knoxville, Tennessee ~ Judge Thomas A. Varlan presiding)
The appellate “REVIEW” is very narrowly restricted as it was explained to me yesterday afternoon. The court will not hear any newly discovered evidence. The court will only consider Darren’s Record of Trial and briefs that were filed afterwards (more about those filings below).
As things stand, the court will not entertain, for instance, former Sergeant of Marines William Looman’s sworn eye-witness account statement attesting to Darren’s physical presence on 20 April 2010. The court will not hear Sgt. Looman’s first hand, sworn factual statement that Darren was unarmed.
The court will not entertain proof of perjury as it relates to the testimony of 10th Judicial District Attorney Robert Steven Bebb, the perjury of any of Bebb’s subordinates, or the perjury of Mr. Gary Pettway who testified against Darren as a prosecution witness on behalf of Tennessee State and the federal government representing himself under oath as a “juror” and foreman of the Monroe County Tennessee grand jury.
The court will not hear of any of the uncounted attempts to bring the criminal adventures of Tennessee State and federal officials in their conspiracy against Darren to the attention of both state and federal grand juries such as the MADISONVILLE HOAX or the murder of JIM MILLER. The court will not hear or read about any of the unceasing, relentless and continuing reports to state and federal law enforcement.
The court will not learn of Tennessee State Assistant Attorney General Kyle Hixson’s 20 September 2013 state filing and and statement against self-interest admitting that grand jury foremen in Tennessee State are not jurors! Had this information been disclosed in 2009 or 2010 Navy Veteran Darren Wesley Huff would not be wasting away in a Texarkana, Texas federal prison during this Christmas season! Nor would have Gary Pettway been passed off as a “real juror” back during Darren’s October 2011 federal hearing.
It’s confirmed that Counselor Gerald Gulley is Darren’s attorney of record. So you better believe the court will not hear of any of Gulley’s obstructions injuring Darren’s case or of the criminal conduct of Darren’s trial attorney, G. Scott Green.
I’m told the court will not hear anything about witnesses who were prepared to testify on Darren’s behalf as to the best of their knowledge during trial in Knoxville, TN between 18 – 25 October 2011, and who G. Scott Green turned away.
The court further will not consider any information as far as is known today regarding connections between Darren’s rigged federal trial, the interference’s and involvements of members of William Bryan’s FOGBOW gang, 
or about the MADISONVILLE HOAX, or about connections to the Saturday night, 17 July 2010 mob-style murder of JIM MILLER!
MRS. SHARON RONDEAU, OWNER ~ EDITOR OF THE POST & EMAIL ONLINE NEWSPAPER HAS AGGRESSIVELY PUT OUT INFORMATION AND REPORTS REGARDING NEWLY DISCOVERED EVIDENCE AND OTHER DISCOVERIES IN DARREN’S CASE FOR YEARS. AND AS MUCH IS REPORTED ON THESE JAG HUNTER PAGES!
The case manager for Darren’s case is Mr. Brian Crutcher. I spoke with a member of Mr. Crutcher’s case management team late yesterday afternoon.
Information I pass out here is preliminary based upon yesterday’s telephone exchange. It’s also the product of Mr. Huff’s plea for help which also came in over the transom just hours ago.
I’m told Gulley filed a brief on Darren’s behalf on 17 May 2012. The federal government filed a response thereafter.
Copies of these filings may be available off of PACER.
I’ve not seen the briefs. Nor do I know anyone who has.
Gerald Gulley’s Knoxville office closed down last Monday afternoon. It won’t reopen until Monday, 6 January 2014 according to the phone message currently playing (865.934.0754). No email address is available.
EMAIL CONTACT INFORMATION
Editor Sharon Rondeau: editor@thepostemail.com
The JAG HUNTER: jaghunter1@gmail.com
Either Sharon or I can give vectors after initial contact with first responders.
Here endth the lesson!
NAVY VETERAN DARREN WESLEY HUFF NEEDS HELP!
Tennessee Grand Juries Co-Opted by Government, Operating Illegally
Saturday, 21 December 2013
– The Post & Email – http://www.thepostemail.com –
Tennessee Grand Juries Co-Opted by Government, Operating Illegally
Posted By Sharon Rondeau On Wednesday, December 18, 2013 @ 8:39 AM In National |
“THIS GOVERNMENT IS COMPLETELY OUT OF CONTROL”
by Sharon Rondeau
(Dec. 18, 2013) — On Tuesday, CDR Walter Francis Fitzpatrick, III (Ret.) went to the McMinn County, TN courthouse to submit a criminal complaint naming the grand jury foreman, court clerk, three Tenth Judicial District prosecutors and two criminal court judges as “illegally, individually and judicially selecting installing [sic] people into the grand juries,” thereby wielding undue influence in order to obtain specific outcomes.
Rhonda Cooley is the elected Circuit Court Clerk for McMinn County, and Atty. Jeffrey Cunningham, who is also a local bank official, is the appointed grand jury foreman.
Fitzpatrick had wished to explain to the grand jury that while the state attorney general’s office claims that the foreman is not a juror, but rather, a county employee, state law requires that the foreman must be a juror. Criminal court rules posted on the website of the Tennessee Administrative Office of the Courts state that “the foreperson shall possess all the qualifications of a juror.”
TCA 40-12-206 mandates that juries comprise 13 jurors and as many as five alternates. There is no mention in state code of a “foreman” who is injected into the grand jury or trial jury by the action of a judge, although the Tennessee Administrative Office of the Courts maintains that that process is legal. Local media have reported that “the foreperson is appointed by the judge and doesn’t necessarily have to come from the jury pool.”
the foreperson is appointed by the judge and doesn’t necessarily have to come from the jury pool. – See more at: http://advocateanddemocrat.com/story/21576#sthash.XqNwo0ZV.dpuf
Although the criminal courts in Tennessee have contorted the laws and court rules to allow the judges to choose the grand jury foreman, who often serves for years or decades at the judge’s behest, the District Attorneys General Conference has officially stated that the foreman is to be chosen from among 13 eligible citizens of the county who are selected by automated means.
Earlier this year, the Tennessee Attorney General declined to criminally prosecute District Attorney General R. Steven Bebb, who is named in Fitzpatrick’s current and previous complaints, after allegedly performing an investigation following extensive reportage at The Post & Email and The Chattanooga Times Free Press of Bebb’s alleged misconduct and criminal activity. The legislature, however, has taken action in an apparent attempt to remove Bebb from his post.
The Tennessee Supreme Court issued an opinion contending that a district attorney general “is answerable to no superior and has virtually unbridled discretion in determining whether to prosecute and for what offense.” Historically, the Tennessee General Assembly and the judiciary have acted at odds with and in contradiction to one another. The original 1796 Tennessee constitution contained no judicial branch, although the legislature later created one. Current General Assembly members are aware of the corruption within the grand juries and criminal courts.
Fitzpatrick’s four-page criminal complaint, dated December 16, 2013, can be read in its entirety here: 17DEC2013 GJCRIMCOM
Monroe County, TN has misrepresented the grand jury foreman as a juror and based criminal charges against Fitzpatrick and Darren Wesley Huff upon that false statement. On June 3, 2010, then-grand jury foreman Gary Pettway was described as “a juror” in indictments issued against both men signed by Angela Davis, who acted as foreperson for that day. Davis was herself serving illegally in a second consecutive term as a juror in violation of TCA 22-2-314.
On Tuesday and three previous occasions on which Fitzpatrick attempted to present criminal evidence to the McMinn County grand jury, the foreman, Jeffrey Cunningham, refused to recuse himself despite his having been named in the respective complaints. Instead, Cunningham brought the complaint in to the members of the grand jury and presided over them, then conveyed their “conclusion” to Fitzpatrick, as he did on Tuesday.
“This government is completely out of control,” Fitzpatrick said. “The grand jury is being controlled by the judges who appoint the foreman. Cunningham should not have been in the room today. He should have said, ‘I’m named in this complaint; I’m going to step outside and give it to Jack or Sally or whoever…You guys decide for yourselves…’ It’s astounding how serious this is; it’s breathtaking.
“Today was a special day because the report that I was bringing to them wasn’t my report; it was the report of the Attorney General‘s office for the State of Tennessee. They had a decision to make. I have very clearly demonstrated to them that Mr. Cunningham is not a juror, and they refused to look into this. The government is controlling the grand juries, and you cannot bring a complaint against the government because of people like Jeff Cunningham. It’s not just the foreman; it’s all of them. This grand jury is not protecting the people of the county,” Fitzpatrick said.
After Cunningham re-emerged from the grand jury room, which is also the office of U.S. Congressman Chuck Fleischmann, he informed Fitzpatrick that the grand jurors would not take action on his complaint and had asked that a deputy escort Fitzpatrick out of the building.
On December 7, 2011, Fitzpatrick observed Judge Amy Armstrong Reedy, who is named in the complaint submitted on Tuesday, peruse slips of paper containing the names of prospective jurors and choosing those she wanted, a fact which was presented to the appeals court on November 20 by Fitzpatrick’s attorney, Van Irion, who is defending him against the charge of “tampering with government records.”
One of the three appeals court judges appeared incredulous when Irion stated that Fitzpatrick had witnessed Reedy hand-picking jurors in open court. Fitzpatrick describes what Reedy did as “one example of how the system is vulnerable to human agency; picking your grand jury by pre-selecting them and knowing exactly what you’re going to get.”
The Tennessee constitution requires that evidence of a criminal nature be presented to a grand jury before a presentment against the person initiating a charge can be issued.
“This was historic. This grand jury in east Tennessee was shown unarguable, unassailable, unquestionable evidence that their foreman is not a juror, and they walked away from it, refusing to give their names. This is the kind of thing that would go into the history books when they used to be reliable.”
Tennessee state law requires that 13 people comprise a grand jury, but only 12 members routinely serve on a grand jury. Since the foreman is not a juror, but rather, represents the interests of the state, no grand jury in Tennessee can be operating impartially as is required by the Fifth Amendment to the Bill of Rights.
“This is the control that the government exercises over our jury system now. The jury system is completely unreliable and taken over. We don’t have any better example of that than what happened today. This is extraordinary. The person who was criminally accused, their buddy, the guy they’ve worked with all year, was standing in the room with them. The conflict here is just overwhelming,” Fitzpatrick told us.
Fitzpatrick has presented evidence to the local FBI in Knoxville as well as the Tennessee Bureau of Investigation (TBI), both of which have chosen not to act.
When The Post & Email asked Fitzpatrick if he believed that the grand jurors did not want to know the facts about their proper function and that of the foreman, he responded, “It’s not that they don’t want to know; it’s that they have been told not to act. ‘Do not do anything at all. You’ve been picked for a special purpose; you are not to act against the government. Cunningham is your foreman; that’s that; live with it. If you don’t like it, leave, and we’ll get somebody else.’”
At 6:35 in the following recording, Cunningham states that he was serving as the foreman on Tuesday, despite having been named in the criminal complaint: 17 DEC 2013 FIRST CONTACT WITH CUNNINGHAM
Fitzpatrick said that the inaction of the grand jury on Tuesday “washes over every grand jury that’s had a court-appointed foreman for the last unknown number of decades. There was no more clear a case than the one that walked in the door today, and they said, ‘We’re not interested.’”
Cunningham did not make copies of the complaint for the grand jurors, but rather, “read it to them” while he stood in the room, where Fitzpatrick was not allowed to enter. Cunningham also told Fitzpatrick that he “did not appreciate” that Fitzpatrick had accused him of “blocking” criminal complaints from reaching the grand jury. “His physical presence is an influence; it cannot be argued,” Fitzpatrick said. “He’s the one who broke the seal on the package, even though it said, ‘Do not open unless you are a grand juror.’ He knew that he was named in the complaint, and he should have said at that point in time, ‘I’m sorry, but I know I can’t be in the room.’”
“This is exactly the function that these foremen have been serving for decades throughout the entire state of Tennessee. This is the reason that the judicial system is so highly successful in bringing in the amounts of money that they have been generating and sending people to jails and prisons for untold years.”
Cunningham did not return Fitzpatrick’s complaint or provide him with a signed statement from the grand jurors. 17 Dec 2013 PET 0838
Cunningham told Fitzpatrick that he “had made that mistake once and wasn’t going to make it again” when he provided Fitzpatrick a copy of the grand jury’s decision not to review his complaint containing their signatures. Tuesday’s “decision” was said to be “unanimous.”
At slightly past halfway in the following recording, Cunningham refused to return Fitzpatrick’s paperwork and contended that Fitzpatrick’s claims against him were “absolutely false.” Cunningham then said that “the grand jury would like for him to leave” and asked a deputy sheriff and chaplain to escort Fitzpatrick out of the building.
Cunningham encounter 17 December 2013
© 2013, The Post & Email. All rights reserved.
Article printed from The Post & Email: http://www.thepostemail.com
URL to article: http://www.thepostemail.com/2013/12/18/tennessee-grand-juries-co-opted-by-government-operating-illegally/
THE SMOKING GUN! Monroe County Chief Court Clerk Admits Grand Jury Foreman Gary Pettway of 27 Years Illegitimate
Tuesday, 20 September 2011
A Robert Hefner illustration. Post & Email Managing Editor Sharon Rondeau may be contacted at: 203.987. 7948 or editor@thepostemail.com for interviews.
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Click on pix: Gary Pettway (left) under Citizen’s Arrest – The first Thursday of April 2010!
A chief clerk in Monroe County, TN has admitted, and The Post & Email can now confirm, that there has been no duly-appointed grand jury foreman in Monroe County, TN for at least the last 27 years.
LINK
16 September 2011 Martha Cook Response to Public Records Request (LINK)
TREASON AND TERROR IN TENNESSEE in four parts
Monday, 12 September 2011
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