Thursday, February 7, 2013

TENNESSEE - JUDGES MAKE LAWS CONTRARY TO EXISTING LAWS - A CLEAR VIOLATION!


Submitted by: Walter Kirkpatrick
A KNOWN FELON STOOD AS GRAND JURY FOREMAN IN NASHVILLE, TENNESSEE 2011:

(There are three .pdf record attachments)

Publicly announced days ago is that "Tennessee grand jury foremen are not screened for eligibility the way other grand jurors and trial court jurors are. Regular jurors are selected randomly from eligible members of the public and compelled to serve, but grand jury foremen are appointed by criminal court judges and can chose whether to serve."

LINK

This practice is consistent with the report we received from Monroe County Tennessee Court Clerk Martha Cook that in Monroe County, "The judge can pick the foreperson from wherever they choose," Cook said. "And they serve for two years unlike the other jurors."

Cook made her remarks responding to a question posed regarding why--after twenty-eight consecutive years as foreman, standing before fifty-six consecutive Monroe County Grand Juries--Pettway had been replaced (1982 through 2010 calendar years).


We now have the Davidson County Tennessee District Attorney's statement against self-interest admitting thatFROM NOW ON "his office will start running background checks on grand jury foremen..." 

Left unsaid: ...because judges in Tennessee have forever failed to do so.

Not even after the discovery in 2010 that Tennessee judges had kept Gary Pettway onboard as a Grand Jury foreman for 28-years WITHOUT EVER ISSUING GARY PETTWAY AN APPOINTING ORDER!

It's been unceasingly reported now for the past 3-years that Tennessee judges have regularly violated by ignoring state and federal laws regarding their relationship with the state Grand Juries and the jury foremen.

Judges throughout Tennessee State are known having failed in their duty to follow the law for at least the past three decades.

For instance: No judge has issued an appointing order for the McMinn County Tennessee Grand Jury since 2011.

Absent an appointing order, Jeff Cunningham is announced as the foreman to the February 2013 term of the McMinn County grand jury.

No appointing orders were issued in the year 2012 for any foreman to the McMinn County Tennessee Grand Jury.

Just as it is regarding the status of a felon, Jeff Cunningham is prohibited by law from appearing in any Tennessee State jury in this current year 2013.

And every case touched by Gary Pettway, and other known illegally operating Tennessee state Grand Jury foreman must be reviewed for the same reasons the Davidson County Tennessee DA is revisiting those cases touched by the felon in Nashville.

Mixed together in all of this is the massive government corruption extant in Tennessee's 10th Judicial District (East Tennessee) on public display for years.

All of this could have been prevented by state and federal law enforcement officials simply enforcing the law. You were all placed on sufficient notice.

So, just as in the situation in Davidson County where FROM NOW ON the DA is going to do background checks on all potential Grand Jury foreman selectee, so must that practice be conducted throughout the rest of Tennessee State.

Beginning here in McMinn County by ensuring Jeff Cunningham does not appear as foreman to the February 2013 Grand Jury term and that Cunningham's successor is properly vetted by law enforcement officials.

Addressing the sins regarding the illicit activity of past State Grand Juries headed by outlaw foreman such as Gary Pettway is a subject that goes beyond the scope of this email.

For ready reference: Present Tennessee statutes regarding the scope and operation of Grand Juries:

 Responsive to Athens, Tennessee City Councilman Richard Pelley's request:

Term limits set:


"New grand juries shall be impaneled at least twice a year at times selected by the presiding judge of the district. The presiding judge within each district shall be responsible for designating the foreperson and for impaneling, charging and receiving the report of the grand jury, but may designate another judge to perform these responsibilities."



"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."



"Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. "Juror" also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror..."


Here endth the lesson,
/s/
Walter Francis Fitzpatrick, III

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