ABUSE OF JUSTICE BY MONROE COUNTY JUDGES?

http://www.thepostemail.com/2010/07/12/court-transcript-denied-to-defendant-appears-on-the-internet-2/


Court Transcript denied to defendant appears on the Internet

DEFENDANT WALTER F. FITZPATRICK, III SAYS INFORMATION DAMAGING TO THE GOVERNMENT’S CASE HAS BEEN WITHHELD FROM COURT TRANSCRIPT

by Sharon Rondeau

Madisonville is the county seat of Monroe County, TN, where Cdr. Walter F. Fitzpatrick, III has been brought up on charges for attempting to make a citizen's arrest on April 1, 2010

(Jul. 12, 2010) — The transcript from a June 28, 2010 hearing in which Walter Francis Fitzpatrick, III was “arraigned” in the Monroe County Courthouse in Madisonville, TN, has been placed on the internet without having been sent to the defendant, who had requested it of the court clerk before the hearing began.

Fitzpatrick has been named as a defendant in “charges” stemming from an April 1, 2010 incident which occurred as a result of his having been thwarted in an attempt to advance a criminal complaint of Treason against Barack Hussein Obama with the Monroe County Grand Jury. As he experienced obstruction and delays, he discovered that the grand jury foreman had held the position for 20 years in violation of Tennessee State Code.

Fitzpatrick had requested both audio and written transcripts of the June 28 hearing but has received neither. However, yesterday what appears to be a transcript of the events appeared on Scribd. Fitzpatrick claims that key information is missing, specifically that he asked the judge, “Who is my accuser?” and received no answer.

Fitzpatrick stated that during the hearing, he asked the judge twice who his accuser was as well as submitted the question to the judge in writing before the hearing began.

In an interview on July 11, 2010, Fitzpatrick said it appears that court officials have conspired to omit significant parts of the proceedings “with purposeful criminal intent.”

The Post & Email spoke with Mr. Pat Shannon of the American Free Press, who was in the Monroe County courtroom on June 28. Mr. Shannon stated that when Fitzpatrick attempted to ask a question, Judge Ross replied, “You can’t ask any questions; you’re the defendant,” and “The best thing you can do is keep your mouth shut.” Mr. Shannon, a 35-year veteran reporter in the area of government corruption, said of Judge Ross:

He is a complete buffoon who has no recognition of the law, or he is more likely a tool of the system that is bent on destroying Walter Fitzpatrick for the benefit of the system.

Shannon also said that while Fitzpatrick was not allowed to ask any questions, the court clerk, Martha M. Cook, provided testimony under oath against him.

Fitzpatrick stated that at least three judges are now complicit in the commission of crimes within the Monroe County court system: Judge Amy Reedy, Judge J. Reed Dixon, and Judge Carroll L. Ross. Of the information he alleges is missing from the transcript, Fitzpatrick said, “I asked him twice. There were eyewitnesses in the room when I asked the question. The parts of the proceedings damaging to the government have been withheld.”

The Post & Email spoke with Mr. Darren Huff, who was at the Monroe County courthouse on April 1, 2010 and has also been charged with “riot” and other offenses. According to Huff, who was also arraigned on June 28, he is being treated as a co-defendant with Fitzpatrick, although he was charged with fewer crimes. When we asked Mr. Huff if he remembered Fitzpatrick asking the judge “Who is my accuser?” Huff answered, “Yes, he asked two or three times. It was at least twice towards the beginning of the hearing when the judge started reading him the charges.” When we told Mr. Huff that the question was missing from the transcript, Huff said:

It was certainly stated multiple times by Mr. Fitzpatrick; I want to say two or three. I’ve read through the transcript. The judge repeatedly cut Walt off. It seemed as if Walt’s arraignment took forever, and its only purpose was to try to discredit Walt’s character…it was incredible. People in the audience were shocked.

Huff said that there were two news cameras in the courtroom and that the hearings “were probably the most unprofessional courtroom proceeding I have ever thought possible.” Huff said that he has personally witnessed “maybe 100 court proceedings” due to his work in the field of loss prevention. When we asked about the reaction of non-court witnesses present at the hearing, he said:

There was complete silence, as in disbelief, as in “Am I really seeing what I’m seeing?” What you don’t see in the transcripts is the tone, the tone of the judge who literally was raising his voice through the majority of what he was saying, oozing sarcasm when he asked Martha Cook if she was ‘levying war’ against the United States; it was more like, “Did you know you were levying war against the United States?” just to get a chuckle out of everybody in there.

The Post & Email asked where the term “levying war” came from, and Huff replied:

Well, I guess the way Walt’s criminal complaint was stated, it sounds outlandish, but it’s a fact; anybody who violates the Constitution and instills the type of government that they have in Monroe County is levying war against the United States by doing so. It is a rival government, a competing government.

Huff said that the judge “treated me with a lot more respect than he did Walt, but with Walt, it was almost like, ‘OK, here we go again.’ That was the judge’s attitude, and he showed absolutely zero respect for Walt as a man, as a human being; he basically treated him like a dog and talked to him as such.”

Huff then stated:

I think if the recordings were ever made available, it would shock anyone to see the demeanor of that judge.

The Post & Email asked Huff what he recalled about what was said in court regarding Gary Pettway, the Grand Jury foreman who has been serving for 20 years. Huff responded:

I know that Carroll Ross’s statements were that he never appointed him, that he’s never appointed anyone. The one thing that stuck out in my mind is that his statement was that Gary Pettway has done “a good job.” That’s not what was said. What was said was, “Gary Pettway has done a good job for us,” meaning he’s doing a good job for the courts, not the people.

Huff stated that when his charges were read, he said, “I’m not sure who’s accused me of this,” and the judge advised Huff to “speak with your attorney,” but then refused to provide one, stating that the taxpayers of Monroe County shouldn’t have to pay for an attorney for someone from outside the county. Huff said that the U.S. Constitution should guarantee him counsel regardless of his place of residence.

Mr. H. James (Jim) Headings, candidate for U.S. Congress from the Second District of Tennessee and Monroe County resident for the past 25 years, was also an eyewitness in the courtroom on June 28. Headings stated that Judge Ross stated more than once during the proceedings that he had not appointed Gary Pettway to the post of Grand Jury foreman.

Headings stated that the judge’s assertion directly contradicts information which the court clerk, Martha M. Cook, had told Fitzpatrick to the effect that Judge Ross had, in fact, appointed Pettway. Headings also recalled hearing the judge say, “I wish I had appointed him, because I’m very proud of him.”

Headings continued, “That’s not the only discrepancy I found.” He stated that he and Fitzpatrick had together looked through court records and found Pettway’s official start date as Grand Jury foreman as January 4, 1990, even though the court clerk, Martha Cook, had told Fitzpatrick that Pettway had been serving for 26 years. Headings also stated that he has served on the grand jury himself and witnessed other hearings prior to Fitzpatrick’s. He also served as mayor of Brownsville, OR.

When The Post & Email asked Mr. Headings his general impression of the court proceedings, he responded:

Judge Carroll Ross was angry, fearful and very contemptuous of Walt’s rights. Whenever Walt tried to ask a question, the judge said, “You have to keep silent.”

When we asked Headings if he recalled Fitzpatrick asking the question “Who is my accuser?” he said “Yes, I do. He did ask that, but the judge ignored it.” He reported that he heard a “local” person say in response to the orders read by the judge at the end of the hearing, “That’s unconstitutional.”

Headings said that he has been aware of corruption in Monroe County since 1976, when he and his wife were registered to vote by a volunteer. He said that they did not register with the party to which the volunteer belonged, and when they went to vote in that year’s presidential election, their voter registration forms could not be found. Headings and his wife were therefore not allowed to vote.

He also reported that for a period of at least six months, he witnessed airplanes landing frequently in plain sight of his residence which were always met by “local law enforcement officers” and unloaded. Headings stated that he approached a state trooper about suspicions that drugs were involved. The trooper allegedly “went to his superiors,” and 6-8 weeks later reported back to Headings that “his hands were tied” because the activity “went all the way up to the governor’s office” at the time.

Headings said that two newspapers in the area, The Monroe County Buzz and The Democrat & Advocate, are covering the Fitzpatrick trial but that he believes they are “biased.” He said he recently contacted The Buzz about placing an ad soliciting calls from anyone who was able to report wrongdoing on the part of Monroe County public officials. Headings reports that his request was declined for two reasons: The newspaper didn’t want to “jeopardize its ability to make money,” and they “were cooperating with local law enforcement.”

Fitzpatrick has stated that the charges against him cannot be upheld, an accuser has never been named, and that the grand jury is “fatally compromised” because two of its jurors are in violation of Tennessee State Code which mandates a 24-month break between periods of service. “No police or sheriff’s records exist naming the defendant as accused. No genuine issue is present. The Court’s inability and consequent refusal to name the defendant’s accuser on demand during the 28 June 2010 Arraignment hearing is fatal,” Fitzpatrick said in his Motion to Dismiss, which appears below.

Fitzpatrick stated that court corruption is statewide, and the judges “try to crush people who are believed to be credible so as to maintain the public’s tameness.” “It’s been going on for decades,” he said.

The name “Denise E. Barnes” appears on page 19 of the transcript, which states:

I, the undersigned Denise E. Barnes, Official Court Reporter and Notary Public for the 10th Judicial District of the State of Tennessee, do hereby certify that the foregoing is a true, accurate and complete transcript, to the best of my knowledge and ability, of all the proceedings had and evidence introduced at the arraignment in this case, in the Criminal Court for Monroe County, Tennessee, heard on the 28th day of June, 2010.

The Post & Email contacted Ms. Barnes at the Monroe County courthouse on July 12, 2010 and asked her how, when, and by whom the court transcript was placed on the internet, but she responded, “I’m not going to talk to you about this. We just don’t talk to the press about this.” When we asked if there was a court spokesperson, she said, “No.”

On May 24, 2010, Fitzpatrick filed a “Notice of Challenge” which reads:

NOTICE OF CHALLENGE TO JUDGES, PROSECUTORS AND CLERKS OF TENNESSEE’S 10th JUDICIAL DISTRICT CRIMINAL CIRCUIT COURT

delivered via certified mail to MONROE COUNTY CIRCUIT COURT

CLERK MARTHA M. “MARTY” COOK

Monday, 24 May 2010

Accept this NOTICE OF CHALLENGE publicly declaring the disqualification of each of two existing Monroe County Grand Juries to examine and vote on the state’s criminal accusations naming myself as defendant.

I hereby publicly place both 2010 Monroe County Grand Juries under challenge as fatally compromised.

Several episodes going to disqualify the two extant 2010 Monroe County Grand Juries are commonly recognized and commonly acknowledged. Many episodes are video and audio recorded. The recordings are available in the public domain in plain view.

Under Tennessee State law a new Monroe County Tennessee Grand Jury must be assembled to consider the state’s criminal accusations naming myself the defendant.

The new Grand Jury must be selected using a process free from the possibility of any human intervention.

The new Grand Jury must be immaculate. Associations with any of the parties connected to events under examination are disqualifying. Any knowledge regarding the events under examination is disqualifying.

Each person randomly selected as juror or juror alternate must be meticulously examined for bias and prejudice. Prospective Grand Jurors and alternates must be disqualified whereupon prejudice or bias is discovered.

The randomly assembled Grand Jurors and alternates must together pick a foreman amongst themselves, for themselves.

Judicial interference or participation of any type of kind in the selection of the new Grand Jury or its foreman is fatal to the eventual vote of that Grand Jury constructed out of the need and necessity to examine and enforce the constitutionally lawful relationship between and judge and a jury.

Tennessee law commands public notice announcing the creation of the new Grand Jury giving the name of the new Grand Jury foreman.

Walter Francis Fitzpatrick, III

United States Navy Retired

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The following is Fitzpatrick’s Motion to Dismiss filed with the court on July 7, 2010:

IN THE CRIMINAL COURT FOR MONROE COUNTY,

AT MADISONVILLE, TENNESSEE

STATE OF TENNESSEE,

v. NO. 10-213

WALTER FRANCIS FITZPATRICK, III

MOTION TO DISMISS

Defendant moves to dismiss the State’s cause and drop all charges on the following grounds evidencing the State’s premeditated malice prejudicial to the defendant. The State’s cause is mortally injured because:

1. Sessions Court Judge J. Reed Dixons [sic] threat of harm and intimidation uttered to defendant’s counsel. Defense counsel prepared a written Motion to Recuse naming Reed Dixon as conflicted in Dixon’s role as Sessions Court Judge sitting the bench during the probable cause hearing in defendant’s case of 4 May 2010. Dixon threatened harm to the defendant’s attorneys preventing them from filing the public Motion. J. Reed Dixon’s demonstrated prejudice taken together with Dixon’s outrageous criminal conduct shocks the conscience and are fatal.

2. Disqualification of Mr. Gary Pettway and Ms. Angela Davis as Jurors to the 2010 Monroe County Grand Jury. Pettway and Davis both served on Monroe County Jurors in 2009. Pettway’s 2009 jury term ended on 31 December 2009. David’s jury term ended on 30 June 2009. Tennessee State law (TCA 22-2-314 – Limitations on Jury service) prohibits Pettway from Jury duty on any Tennessee Jury until 1 January 2012. Ms. Davis is prohibited from serving on any Tennessee Jury until 1 July 2011. The work of the 2010 Monroe County Grand Jury is prejudicial, is condemned and is fatal.

3. Defendant has searched for an accuser and does not find one. No police or sheriff’s records exist naming the defendant as accused. No genuine issue is present. The Court’s inability and consequent refusal to name the defendant’s accuser on demand during the 28 June 2010 Arraignment hearing is fatal.

4. Criminal Court Judge Carroll Ross’ oral and written threat and attempted intimidation targeting the defendant. Ross’ 28 June 2010 Order Setting Conditions of Bond commands and intends to prohibit defendant from participating in his own defense. Carroll Ross’ demonstrated prejudice taken together with Ross’ outrageous criminal conduct shocks the conscience and are fatal.

No lawful course of action is left to this Court but to drop all charges and grant this MOTION TO DISMISS.

Filed this the 7th Day of July, 2010

Walter Francis Fitzpatrick, III