Anti-Obama Retired Military Officer Jailed Again – with NO Accuser (URGENT ACTION ITEM)

[Twana Blevins]

Two important Documents:
23June2010SomethingWickedThisWayComes.pdf
FILEDNoticeofChallenge24May2010Copy.pdf

Fitzpatrick recorded  this phone call days before the arrest:

Part 1

Part 2

Lt. Commander Fitzpatrick
another report here

Anti-Obama Retired Military Officer Jailed Again – with NO Accuser

By J.B. Williams

[e-mail]

This morning, Monroe County Sheriff’s burst through the door of Lt. Commander Fitzpatrick’s residence and arrested him for failing to appear in court last Friday, a date the Monroe County court failed to notify Mr. Fitzpatrick of before he learned on Monday via the local press that an arrest warrant was issued for missing the court date.

Monroe County officials made no effort to contact Fitzpatrick prior to kicking his door in Wednesday morning, according to all available information. But less than an hour before Sheriff’s burst in, Fitzpatrick was reportedly on the phone with the Knoxville office of the FBI, whom he claims advised that they had opened an investigation into Monroe County government corruption.

Friday’s court date was a hearing on the request to withdraw representation by Fitzpatrick’s attorney, Steve Pidgeon, a request reportedly denied by the court, once again according to local news reports.

On Monday the 25th, Knoxnews issued a report stating that Special Circuit Judge Jon Blackwood ordered Fitzpatrick arrested and held without bond until his Dec. 1 trial. The press knew about the Friday hearing before Fitzpatrick did, and was reporting the arrest warrant before Fitzpatrick had been notified of the court date or arrest warrant.

As of this writing, Fitzpatrick stands accused of crimes, but has no official accuser. Normally, for criminal charges to be brought evidence of a crime must exist and there must be witnesses to the crime committed, or a complainant, an accuser. Fitzpatrick stands accused, but with no known accuser.

Despite his retired status, Fitzpatrick is acting on his military oath to protect and defend the U.S. Constitution and rule of law. He has done so peacefully.

Back Story

Events leading up to today started more than a year ago when Fitzpatrick presented evidence against Barack Obama before a three person Grand Jury panel in Monroe County. After ninety minutes of sworn testimony, the panel refused to even accept or review the evidence.

Fitzpatrick’s search for honor and justice had begun, but led him deeply into unexpected crime and corruption in his own backyard. WRCBtv in Chattanooga quotes noted defense attorney Steven Pidgeon as stating that the Monroe County Grand Jury is “hopelessly corrupt.”

Still, it is Fitzpatrick who the local system and press have put on trial and treated like a career criminal, despite knowing that they are dealing with a decorated military officer with more honor in his little finger than can be found throughout the entire Monroe County government.

Fitzpatrick is charged with “riot” – resisting arrest and other alleged crimes during his effort to report evidence of crimes to the Monroe County Grand Jury in early 2009.

However, video evidence proves that there was no riot - that the only people armed on the days in question were Monroe County Sheriff’s - that the crimes were being committed by Monroe County officials and that it is Monroe County officials who are armed, violent and dangerous.

The few concerned citizens present with Fitzpatrick on the dates in question were not arrested. Had they been armed and dangerous, rioting or in any way threatening, they would have been arrested and charged with Fitzpatrick. But they were few and they were armed only with video cameras.

Fitzpatrick is guilty of challenging Obama, or being a royal pain in the butt to Monroe County officials, or even using questionable strategies to achieve his version of justice. But a criminal he is not… a crackpot he is not.

Attorney Steven Pidgeon is quoted saying that Monroe County justice is “hopelessly corrupt.” I am now convinced that Monroe County justice is indeed entirely corrupt, but I cannot allow myself to believe for one moment that it is “hopelessly” corrupt.

Surely somewhere in Tennessee there is one decent honest officer of the court or law enforcement agent that is willing to put a stop to this sham before Monroe County officials get away with yet another heinous crime.

As for Fitzpatrick’s original claim that Obama is not eligible for office, the evidence is now overwhelming and another retired military officer by the name of Charles F. Kerchner, Jr. has recently petitioned the U.S. Supreme Court for relief based upon the same claims made by Fitzpatrick in Monroe County Tennessee more than a year ago.

Sooner or later, one way or another, the American people will know the truth concerning President Barack Obama. But in the meantime, ongoing injustices to men like Fitzpatrick cannot be allowed to stand.

Public calls to request an investigation into events in Monroe County Tennessee should be directed to the local FBI offices.

FBI Knoxville
John J. Duncan Building
710 Locust Street, Suite 600
Knoxville, TN 37902
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

 
http://www.rightsidenews.com/2010102811997/editorial/us-opinion-and...
 
UPDATE: Since the release of this story late last night, we have learned that Fitzpatrick was beaten requiring medical treatment and x-ray’s, and tazered repeatedly during his arrest.
 
JB Williams
www.JB-Williams.com
www.ThePatriotsNews.com
www.PatriotsUnion.org

"Talk is cheap for a reason, it has no value. Doing is an entirely different ball game. It's priceless!"... by JB Williams

_______________________________________________________________________

More information about this from The Post & Email

[Steph F.]

Carl, has Jim been banned from this forum?? For speaking from his heart and speaking the truth? REALLY???? I thought this was a forum for patriots like Carl, Jim and so many others who are concerned with the direction America is heading, having been infiltrated by Marxists and Communists who stifle free speech. Be wary of those who portray themselves as patriots if their words don't match up with their actions. Like the Soros' regime who is coming unglued as their facade unravels, the truth will shine in the light of day.

[Steph F.]

Please contact your senators and congressmen! The conditions in the jail and treatment of the inmates is an outrage! Keep calling the FBI in Knoxville, TN. We need all patriots on board!!!

Inmate just released from Monroe County Jail goes on the record
“I’M TOTALLY INSPIRED BY WALTER”

http://www.thepostemail.com/2010/11/06/inmate-just-released-from-mo...

"This Place Needs to be Leveled"

http://www.thepostemail.com/2010/11/05/keep-the-pressure-on-the-fbi/

Monroe County Jail Inmate rushed to hospital with bleeding pancreas after being denied medical attention

http://www.thepostemail.com/2010/11/05/monroe-county-jail-inmate-ru...

Recognizing and Dealing with Modern Judicial Terrorism

http://www.thepostemail.com/2010/11/05/recognizing-and-dealing-with...

[Steph F.]

Jim, there is much going on behind the scenes that can't be divulged here, but we need to keep pushing. The media, our congressmen and senators, the FBI and forums. Everyday. Patriots, don't relent now!!!!

[Steph F.]

Keep the faith, my friend. Check your email. :)

[Steph F.]

Passionate letter, Jim. Supposedly, Lamar Alexander is sidestepping his responsibilities and wants nothing to do with the illegal activity occurring under his nose in the great state of Tennessee. Keep on pushing, my friend. Expose the traitors, one and all. Check this out

Fitzpatrick names Monroe County, TN Grand Jury Members

“SHERIFF BIVENS IS THE MOST CORRUPT SHERIFF IN THE UNITED STATES”

http://www.thepostemail.com/2010/11/07/monroe-county-tn-grand-jury-...

[Carl Swensson]

Toddy,

Unlike James, I don't let posts bother me. I will, however, attempt to show you the difference between TN Constitutional Law and the result of years of bastardization by means of Stare Decisis (Lawyer speak for, I changed the law when you weren't looking but didn't bother to change the Constitution).

Excerpted from the motion to dismiss: With Prejudice.

In reference to objections alleging failure to state an offense, the rationale is that if
the indictment fails to include an essential element of the offense, no crime is charged
and, therefore, no offense is before the court. See State v. Perkinson, 867 S.W.2d 1, 5-6
(Tenn.Crim.App.1992).
The presentment, in the present case, is signed by a person who cannot lawfully
serve as the Foreman of a Grand Jury, because she was disqualified under TCA 22-2-314.
Limitation on jury service, which provides that “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-fourmonth
period.”
Angela Davis, the person who as Foreman of the Grand Jury (See Exhibit A) had
served on the jury under Panel 8 in the time period between January 2009 and July 2009.
See Exhibit B (cont.) attached hereto. She is therefore disqualified to sit as a juror until
August, 2011, yet she not only reappeared in the jury pool, but was selected to serve as
Foreman. The disqualification of jurors after service is made applicable to Grand Juries
by TCA 22-2-101 (a) “This chapter applies to all grand and petit juries in all circuit and
criminal courts of this state. This chapter also applies to any law court in any of the
counties.”

The continual selection of one particular person to the position of Grand Jury
Foreman is a violation of TCA 22-2-102 Unlawful acts:
(a) “It is contempt of court punishable by the court wherein such violation
may be under investigation, upon its own motion or upon the petition or motion of
the attorney general and reporter, for any person to alter any automated jury
database or jury list, to open any jury box except as provided in this chapter, to
destroy, deface, or remove without authority such automated jury database, jury
list, jury box or the tickets or cards in the jury box, or jury book or any portion of
the jury book, to assist in or connive any such acts, or for any custodian of an
automated juror database, jury box or jury list to knowingly permit any such acts
to be done.” [Italics added – it is and should be a concern of this court that there
are many parties involved in this very action who were aware that Gary Pettway
was being selected over and over again to serve as Grand Jury Foreman, when he
was disqualified because of prior service.]
(b) “It is a Class A misdemeanor punishable by fine only for any person to
request or to have another request that the person's name be placed in the jury
database, upon the jury list or in the jury box for the purpose of violating this
title.”
If a juror is to serve beyond twenty-four (24) months in Monroe County, the
county legislative body is required to undertake the issue and to approve by majority vote.
If a person's name be placed in the jury database year after year to ensure that certain
people are seated on the Grand Jury, for purposes of violating the applicable title, a
serious crime may have been committed.
Angela Davis is the Grand Jury Foreperson who signed the Indictment/
Presentment against Commander Fitzpatrick.

Gary D. Pettway or Angela Davis have sat as the foreman/foreperson on the
Grand Jury, both of whom were disqualified under the statute to serve on a Grand Jury, as
they had both served within two years of their previous service: TCA 22-2-101 (a); TCA
22-2-102.
TCA 22-2-314 provides that “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.” If a juror is to serve beyond twenty-four (24) months, the county legislative body
is required to undertake the issue and to approve by majority vote. If a person's name be
placed in the jury database year after year to ensure that certain people are seated on the
Grand Jury, for purposes of violating the applicable title, a serious felony – or felonies –
may have been committed.
Based on information and belief, Gary Pettway began serving as the Grand Jury
Foreman beginning on the 4th of June 1990, based upon a review of the "Minute Books"
held in the Monroe County Courthouse. In addition, on January 21, 2010, Monroe
County Clerk Martha Cook stated in writing that Gary Pettway has served as foreman of
the Monroe County Grand Jury “for 27 years.” See Exhibit D, attached hereto.
The Defense believes that the recording of the arraignment, to the extent that it
disagrees with the transcript, illustrates that Judge Ross had knowledge that Mr. Pettway
was disqualified under the statute to sit on the jury, and that the placement of Pettway on
the jury year after year was in violation of applicable statutes. Angela Davis, the Grand
Jury Foreman signing the Presentment, has the same difficulty. See Exhibit A, Exhibit B,
and Exhibit C attached hereto. If so, we note an additional violation of TCW 38-3-107,
Neglect of duty by officer. “Any magistrate or officer, having notice of any unlawful act
provided against in this chapter, who neglects or refuses to do the magistrate's or officer's
duty in the prevention of the public offense commits a Class C misdemeanor.”
Again, according to the Victim/Witness Handbook, “a case transferred to circuit
court by "binding over" must then be presented to the GRAND JURY, 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. The grand jury hears testimony from witnesses in a private
session. Neither the Defendant nor his lawyer will be present at the grand jury hearing. A
representative of the district attorney general's office may be present when witnesses
present their testimony, but the grand jury's voting must be done in secret. If twelve of the
thirteen grand jurors believe a crime was committed by the Defendant, they will charge or
“indict” the Defendant for that crime. The formal charge by the grand jury is called an
INDICTMENT. Sometimes this charge is also referred to as a “true bill.” When the grand
jury refuses to indict someone, its action is sometimes referred to as a “no true bill.”

Tennessee Rules of Criminal Procedure (TRCP): RULE 6. THE GRAND JURY
(a) Formation of the Grand Jury.
(1) Formation at a Regular Term. On the first day of each term of court at
which a grand jury is required to be impaneled, the judge of the court authorized
by law to charge the grand jury and to receive its report shall direct the names of
all the qualified jurors in attendance for the criminal courts of the county to be
written on separate slips of paper and placed in a box or other suitable receptacle
and drawn out by the judge in open court. The foreperson and the twelve
qualified jurors whose names are first drawn [italics and bold added] constitute
the grand jury for the term and shall attend the court until dismissed by the judge
or until the next term.
(2) Formation at a Special Term. The judge presiding at any special term of the
court may impanel a grand jury in the same manner and of the same powers as at a
regular term.
(3) Formation of Concurrent Grand Juries. When the expeditious
administration of justice so requires, the court may likewise impanel a second
grand jury to operate concurrently with the first.
. . .
(b) Vacancies on the Grand Jury.
(1) Vacancy as to Grand Juror. When any grand juror becomes unable to serve
out the term or is excused on any ground, the court shall fill the vacancy from the
original panel. If the court is unable to fill the vacancy from the original panel, it
must do so from qualified persons selected in accordance with Rule 6(b)(2).
(2) Vacancy as Foreperson. When the foreperson of the grand jury is unable to
serve or is relieved, the court shall appoint a new one according to Rule 6(g) until
such time as the foreperson is able to serve or until expiration of his or her term.
(c) Disqualification of Grand Juror for Interest.
(1) Disqualification. No member of the grand jury shall be present during–or take
part in–the consideration of a charge or the deliberation of the other grand jurors,
if:
(A) the member is charged with an indictable offense;
(B) the member is a prosecutor;
(C) the offense was committed against the member’s person or property;
or
(D) the member is related to the person charged or to the victim of the
alleged crime by blood or marriage within the sixth degree, computed by
the civil law.
(2) Filling Vacancy Created by Temporary Disqualification. When a grand
juror is excluded because of interest and fewer than twelve grand jurors remain to
investigate any matter, the court shall fill the vacancy according to Rule 6(b) only
during such investigation.
. . .
(g) Appointment, Qualifications, Term, Compensation, Vote, and Duties of
Foreperson.
(1) Appointment of Foreperson. The judge of the court authorized by law to
charge–and receive the report of–the grand jury shall appoint the grand jury
foreperson. When concurrent grand juries are impaneled, the court shall appoint a
foreperson for each grand jury.
(2) Qualifications of Foreperson. The foreperson shall possess all the
qualifications of a juror. [Bold italics added].
(3) Duration of Appointment. The foreperson shall hold office and exercise
powers for a term of two (2) years from appointment. In the discretion of the
presiding judge, the foreperson may be removed, relieved, or excused from office
for good cause at any time.
. . .
(h) Duties of District Attorney General.
(1) Attendance. When required by the grand jury, the district attorney general
may appear before the grand jury for the purpose of giving legal advice, but shall
not be present–nor shall any other officer or person other than the grand jurors be
present–when the grand jurors vote on an indictment or presentment.
(2) Preparation of Indictments. The district attorney general shall promptly
prepare indictments for the grand jury in all cases when a defendant has been
bound over to answer a criminal charge or is in the sheriff’s custody.
. . .
(l) Grand Jurors as Petit Jurors.
(1) Grand Jurors Serving as Petit Jurors. Except as provided in Rule 6(l)(2),
the grand jurors may act as petit jurors in civil or criminal cases when not engaged
in grand jury business.

CONCLUSION
The Grand Jury in Monroe County has not been lawfully empanelled since at least
1992, because of the continuous tenure of a disqualified juror as its Foreman. In addition,
the Grand Jury which brought the indictment against Commander Fitzpatrick is also not
lawfully empanelled, because the Foreman/Fore Person is disqualified under the statute to
serve because of her recent duty on another Jury panel in 2009.
Because the Grand Jury is not lawfully empanelled, no lawful indictment has
issued; therefore no lawful arraignment has taken place, and no plea can be entered, when
no lawful charge has been entered.

Need More?

[Carl Swensson]

No Jim,

There's no way to fix stupid but we will attempt to educate the ignorant.

[Twana Blevins]

It's sad you two want to trash up a thread especially of this importance which you say you care so much about!

James and Carl you will not reach anyone because you both get off on being an ass. Don't think this will be allowed for much longer. You call others "bloggers" yet it appears you are the one who is on here all day. Key board warrior? Might you wear that title? After this I will remove any of your rude ass remarks on any post except your own posts.

[Carl Swensson]

JB,

I want to thank you for putting up this post. As always, your work is impeccable and I look forward to reading your articles.
Hope you got a chance to see that Constitutional Research Service memo dated April 3, 2009. It, believe it or not, goes hand in hand with what Walt is deaaling with. Stare Decisis.
Shoot me an EMail if you haven't seen it yet or better yet it's posted at the top of- - -
http://www.riseupforamerica.com

Thanks again

[Twana Blevins]

oops you two, I posted this with permission of course.