Blockbuster Exclusive: State of Tennessee: Grand Jury Foremen Are Not Jurors! by Post & Email’s Sharon Rondeau!

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Blockbuster Exclusive: State of Tennessee: Grand Jury Foremen Are Not Jurors!

Posted By Sharon Rondeau On Tuesday, November 26, 2013 @ 10:04 AM

IN CONTRADICTION OF STATE LAW

by Sharon Rondeau

The office of the Tennessee Attorney General and Reporter claims that the grand jury foreman is a state employee, not a juror empaneled by state statutes

(Nov. 26, 2013) — The Post & Email can exclusively report that the Tennessee state attorney general’s office has stated on the record that the “foreperson” of all grand juries in Tennessee is IS NOT A JUROR as Tennessee state statutes require.

In December of last year, CDR Walter Francis Fitzpatrick, III was convicted in the Monroe County, TN Criminal Court of “tampering with government records,” with Judge Walter C. Kurtz presiding.

Defense Attorney Van Irion submitted an appeal in the case of State of Tennessee v. Walter Francis Fitzpatrick, IIIprotesting CDR Fitzpatrick’s innocence. One of Irion’s points was that the grand jury foreman had over-served her legal term of one year.  Tennessee Code Annotated (TCA) states that following their service on any jury in the state, jurors cannot be resummoned for a minimum of 24 months.

This past September, in his official capacity as Assistant Attorney General for the Criminal Justice Division, Kyle Hixson responded to the Fitzpatrick appeal, writing a brief on the state’s behalf of which The Post & Email first came into possession last Thursday afternoon.

At the bottom of page 13 of his brief, Assistant Attorney General Hixson wrote:

“…the foreman of the grand jury is not ‘impaneled’ from the ‘summoned’ members of the ‘jury pool.’ See Tenn Code Ann. §§ 22-2-306, -307, and -310. The foreperson is ‘appoint[ed]’ by the trial court. Tenn. R. Crim. P. 6(g)(1). As such, section 314, by its terms, does not apply to the appointment process of the grand jury foreperson.”

The state’s entire argument can be read here: HIXSON BRIEF

Section 314 reads as follows:

“22-2-314.  Limitation on jury service.

“A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.”

Hixson clearly reports that grand jury forepersons do not come from the “jury pool,” are never “summoned” to jury duty, are never “impaneled” as a jurors, and never subject to state laws which deal with jurors and jury duty.  Simply stated, Hixson affirms on behalf of the State of Tennessee that grand jury forepersons are never jurors.

However, Tennessee state law commands exactly the opposite: Tennessee statutes say that grand jury forepersons must always be jurors.

Tennessee state law, as tailored and refined by the Rules for Criminal Procedure, require that thirteen (13) jurors (or members) populate all state grand juries.

Hixson has now said, in clear terms in a statement against the state’s self-interest, that criminal court judges add a non-juror to the grand jury by their selection of the foreman. The 12 jurors plus one non-juror combination consequently leaves Tennessee grand juries one short of the lawfully-mandated requirement of thirteen (13) jurors. This has been and remains the case for decades.

Tennessee state law requires that all state residents, in the process of becoming jurors, must initially be randomly selected into the jury pool. From that pool, a smaller number of individuals are randomly selected to be issued summonses to report to the courtroom on a particular day, at which time jurors for the grand jury and trial juries are selected in but a third process of random selection.

In each of these three random selection rounds, the process used must be one that does not allow for the possibility of “human intervention.”

The Tennessee District Attorneys General Conference describes the grand jury as:

…a group of thirteen citizens chosen from the jury panel. One of these thirteen is the fore person and will preside over the grand jury.

Assistant Attorney General Hixson now reports that criminal court judges have always been permitted to install a handpicked non-juror foreman, that is, to “appoint” the foreman from, as Monroe County Court Clerk Martha M. “Marty” Cook has said, “from wherever they choose“ because the state laws that apply to jurors do not apply to non-jurors.

As readers of The Post & Email are already aware, Fitzpatrick’s challenges to the scope and operation of Tennessee grand juries arose upon his discovery in 2010 that the Monroe County Tennessee de facto grand jury foreman, Gary Pettway, had held that position since 1982, a period of twenty-eight (28) consecutive years.  Moreover, there was no appointing order or evidence that Pettway had ever been duly sworn in.

Fitzpatrick placed Pettway under citizen’s arrest in April 2010. State law enforcement officials ignored Fitzpatrick’s complaint and arrested Fitzpatrick instead. The Monroe County grand jury then indicted Fitzpatrick for attempting to intimidate a juror, Gary Pettway.

Fitzpatrick has demonstrated that the grand juries and trial juries in Tennessee are unduly influenced by prosecutors, grand jury foremen, and court personnel and contaminated by jurors serving consecutive terms in violation of state law (TCA 22-2-314).  In one case in Davidson County, a grand jury foreman chosen by a judge was discovered to be a convicted felon, which violates Tennessee statute and required the review of approximately 800 cases over which the illegally-serving foreman had presided.

Grand jury foremen in Monroe County are reportedly “picked from wherever” the judge “chooses” by means of an unknown vetting process.  Throughout Tennessee, grand jury foremen have served for decades or multiple times with occasional breaks in service.

Tennessee Code Annotated provides no special selection process for the grand jury foreman.

Grand jury tampering and judicial misconduct have been reported to The Post & Email in Campbell County, Roane County, Sevier County, and Madison County.  Crimes against District Attorney General R. Steven Bebb of the Tenth Judicial District have been alleged but dismissed by Tennessee Attorney General Robert E. Cooper, Jr., although members of the Tennessee General Assembly are working to remove Bebb from his post.

Now, for the first time ever, Kyle Hixson explains that (1) Gary Pettway was never a juror, resulting in (2) the law limiting jury service does not apply to grand jury forepersons such as Pettway, and (3) judicially “appointed” Tennessee residents are allowed to serve in a career position as a county employee called the  “grand jury foreman.”

Tennessee Code Annotated (TCA) 40-12-206 is the only state statute which details the composition of every Tennessee state grand jury. The law commands that all grand juries be populated with thirteen (13) jurors (members) and up to five (5) alternates. The law does not provide for the judicial appointment of a “foreman” into a Tennessee grand jury.

The same law makes no distinction among the jurors (members). There is no distinction or separate-identity, non-juror “foreman.”

The process by which all jurors are to be selected is described as (1) Randomly populate the “jury pool,” (2) Randomly select potential jurors from the “jury pool,” (3) “Summon” the potential jurors to court for random selection into the grand and trial (petit) jurors for identified term dates, and (4) “Impanel” the grand juries and trial jurors.

Hixson, representing the state of Tennessee, publicly declared in his September 2013 appeals brief that, in Tennessee, grand jury foremen are not jurors.

Restating the state’s now first-time ever publicly pronounced policy position more clearly:

• The grand jury foreman is not a juror.

• A criminal court trial judge individually and personally selects, then specifically delegates (appoints, employs) grand jury foremen in Tennessee state.

• The grand jury foreman does not come from a randomly-selected jury pool.

• The grand jury foreman is not summoned to a courtroom to participate in the process of jury impaneling.

• Tennessee state statutes that apply to jurors and jury duty do not apply to the grand jury foreman who is, rather, a paid Tennessee state employee.

• Judicial appointment of a grand jury foreman who is a “non-juror, as Hixson described the office and process, is illegal under the Tennessee statutes.

The Post & Email asks if the State of Tennessee is committing the same crime as that which the U.S. Navy continues to perpetrate after more than 23 years in which an honest person is sacrificed and condemned for the sake of preserving a criminal enterprise in which a judge’s personal appointee masquerades as a member of the grand jury, unduly influencing that body and often casting the decisive vote to indict.

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Editor’s Note:  More articles on Tennessee grand jury foremen and the law will be forthcoming in the near future.

© 2013, The Post & Email. All rights reserved.

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FIGHTING TREASON! – Active Duty Air Force Staff Sergeant Daryn John Moran: “Arrest Obama!”

Short link: http://wp.me/pGTNr-1CV

Click on the cartoon above for SSgt. Moran’s interview with Post & Email Managing Editor Sharon Rondeau!

Active Duty Staff Sergeant Moran’s interview with Dr., Pastor from The MANNING REPORT! (click here)

Air Force Staff Sergeant Refusing Orders Until Obama’s Eligibility Dealt With

Here is the email from Air Force Staff Sergeant Moran,

My name is Daryn J. Moran. I am a SSgt in the USAF stationed in Germany.

I called Pastor Manning of the Manning Report just recently (Youtube video posted above) to share my concern for our country. Boils down that I have not gone in to work last Thurs. and Fri. First time I was AWOL in nearly 13 years. Until B. Obama provides a birth certificate which stands up to professional examination, not even mentioning the seriousness of the fact that his father was never an American, I no longer serve the Armed Forces or take orders.

Basically, I’d rather follow Mr. Lakin, the ex-Army officer who went to Ft. Leavenworth, into war against our real enemies.

My family is in turmoil because I cannot change my heart to support Obama, or protect his criminality. I love America and the Constitution and stand against B. Obama. He should be arrested.

I will not be going to work Monday morning at Landstuhl. They haven’t even called my house yet, but they will come for me soon.

Daryn J. Moran

P.S., I don’t want to lose my freedom, but our freedom is already gone. Tell your friends and family I’m calling for Americans to arrest Obama. I can’t see how they won’t throw me in jail for it.

SSgt. Moran’s follow-up email seeking confirmation of his email posted above,

Tomorrow I’m not reporting for work again, and it is simply because B. Obama is a criminal. I am praying and marshaling all of my strength to resist.

Yet, I told my wife I would die for this issue. The Constitution and our country are worth it.

I only hope to tell people of the Lord as this battle ensues.

We reached out to Commander Charles Kerchner for comment and his response is as follows,

Once again we have an ordinary soldier standing up on his own volition to demand that the Usurper-in-Chief be investigated to determine Obama’s true legal identity in response to the mountain of evidence that Obama has committed birth certificate fraud, SSN fraud, draft registration fraud, and real estate fraud.

Obama’s true legal identity is not conclusively known. This should not be necessary. Soldier in the ranks should not have to be demanding our leaders and Congress take action to investigate Obama. This should not be a bottom up action mode but a top down action mode to protect our country and the Constitution from a usurper.

The Joint Chiefs of Staff of our military should be taking action. They took a solemn oath to support and defend the Constitution against all enemies foreign and DOMESTIC. It is now obvious that we have a domestic enemy of the Constitution in the Oval Office.

The Joint Chiefs should call Congress and arrange for a private, secret meeting with the key leaders in Congress such as Speaker Boehner and tell them that what is going on in our country with the criminal activities in the White House with the placing of a forged Obama birth certificate onto the White House servers on 27 April 2011 is of great concern to them and of great concern for the morale and integrity of our military and their living up to their oath to support and defend the Constitution, not a criminal putative president.

The Joint Chiefs of Staff should be telling Congress they must convene a congressional investigation to investigate the criminal charges of identity theft and others being made against Obama. The Joint Chiefs should give Congress 7-10 days to call for a congressional investigation of Obama as a result of the private, secret meeting.

And if the Congress still does not act, then the Joint Chiefs of Staff should hold a public news conference and reveal that they have made a plea to Congress to act, and that Congress is still not acting, and make a new public demand on Congress to call for a congressional investigation of Obama and to ask for the support of the American people to demand that Congress launch a full investigation.

CDR Charles Kerchner (Ret)

Read more: Here

Click on Robert Hefner’s illustration for Post & Email Managing Editor Sharon Rondeau’s interview with SSgt. Moran!

The only peaceful way to stop this traitor is to swear out your own criminal complaint naming OBAMA in commission of TREASON and take your formal criminal complaint to a GRAND JURY. Then file it with the FEDERAL BUREAU OF INVESTIGATION. Then send it here. I’ll post it up!

This effort requires large numbers. 

OPERATION AMERICAN FREEDOM!

Regarding the political assassination of Jim Miller (17 July 2010), Monroe County Tennessee

by Post & Email Managing Editor Sharon Rondeau (link)

Click on Robert Hefner’s illustration of Monroe County Tennessee’s Sheriff Bill Bivens above for Post & Email Managing Editor Sharon Rondeau’s full report

Have the Perpetrators of Jim Miller’s Murder Been Identified?

“HILTON says to his jail audience that Mr. Miller was killed because of what Mr. Miller knew regarding the obscenely corrupt Monroe County government. HILTON reported that Mr. Miller’s specific information about incumbent Sheriff Bill Bivins (taken together with additional information regarding the massive corruption within the Monroe County Sheriff’s Department)—in days prior to the 2010 County Sheriff’s election—was particularly dangerous to local office holders and other Monroe County officials.”

Click on Robert Hefner’s illustration for The Post & Email full report

Profiling at it’s best,,,,, They make up the rules, Then turn it into “LAW”n

OATH KEEPER PROFILED (video)!!!

Notice of Necessity, Authority, and Intent to conduct a Citizen’s Arrest

Chief of Police Gregg Breeden
Madisonville, Tennessee Police Department
315 Englewood Road
Madisonville, Tennessee 37354

Chief Breeden:

Please accept this Notice of the Necessity, Authority and Intent to conduct a series of imminent Citizen’s Arrests throughout Monroe County Tennessee.

The first arrest plan must be constructed and crafted in cooperation with the Madisonville Police Department. Wisdom dictates the first arrest plan be one that is acceptable to your Police Chief colleagues throughout Monroe County; an arrest plan that can be used again and again.

Time is not a friend. Planning must begin immediately. Contact information is provided separately.

Fair winds, following seas,
/s/
Walter Francis Fitzpatrick, III
United States Navy Retired -USNA Class of 1975

Cc: Sweetwater, Tennessee Chief of Police Eddie Byrum
Distribution: Wide