Grand Jury Process in Sevier County, please consider.....
Posted in the Sevier County Forum
#1 Feb 7, 2011
The Tennessee Rules of Criminal Procedure, Rule 6(g)1, states that “The judge of the court authorized by law to charge–and receive the report of–the grand jury shall appoint the grand jury foreperson.” It does not say that the same foreperson can be used in consecutive, unlimited terms.
Rule 6(g)2 of the Tennessee Rules of Criminal Procedure states that “The foreperson shall possess all the qualifications of a juror.” If a juror by law cannot serve again within a 24-month period, why are grand jury foremen serving numerous consecutive terms in various counties, and perhaps even throughout, the state of Tennessee?
Rule 6(g)3 states,“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.”
A report from last September states that the grand jury foreman in Greene County had been serving for 16 consecutive years, and an independent organization concluded (page 11) that “the Monroe County grand jury has been tainted and corrupted by the continuous service of Mr. Gary Pettway as Grand Jury Foreman for the past 27 years.”
Are the requirements of the law followed to the 'T' here in Sevier County, as to the 'judge's participation, as well as that of the DA'?
This is a question worthy of your consideration.
#2 Feb 7, 2011
Well the foreperson in Hamilton county had been serving 20 some odd years, and she was recently ousted for saying negative things.
Gosh could be have cronyism and nepotism in our proceedings? Could our grand juries in Sevier County be manipulated by the judiciary, foreperson, and the district attorney?
Count on it. It has happened numerous times and has been happening here for a long time. Grand Jury members have been duped and manipulated into certain outcomes sought by authorities in the region and they may or may not know it.
Additionally, in these secret proceedings, authorities do lie and sometimes they get caught.
How does this activity affect the common citizen? Most adversely.
For those who wear these shoes most incorrectly, and are guilty of misconduct, know that there are those that are on to you.
#3 Feb 7, 2011
Something you could use where circumstances warrant it! Pays to be armed, no armor better than information and backbone.
#4 Feb 8, 2011
Seems that many here are insulated by those higher up. But mistakes are made. Like the old adage "even rattlesnakes commit suicide sometimes"
#5 Feb 8, 2011
I kinda like seeing a dead run over skunk in the road. after I ran over it.
#6 Feb 8, 2011
Time of Request: Thursday, July 16, 2009 08:58:31 EST
Client ID/Project Name:
Number of Lines: 56
Job Number: 1862:167475944
Service: Terms and Connectors Search
Print Request: Current Document: 4
Source: TN - Tennessee Code Annotated
Search Terms: 40-12-104
Note: Attached is statute. Form varies a little but not much.
4 of 7 DOCUMENTS
TENNESSEE CODE ANNOTATED
© 2009 by The State of Tennessee
All rights reserved
*** CURRENT THROUGH THE 2008 REGULAR SESSION ***
*** ANNOTATIONS CURRENT THROUGH MARCH 19, 2009 ***
Title 40 Criminal Procedure
Chapter 12 Grand Jury Proceedings
Part 1 --General Provisions
Tenn. Code Ann.§ 40-12-104 (2009)
40-12-104. Application to testify by person having knowledge of commission of offense.
(a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury.
(b) The person having knowledge or proof shall appear before the foreman. The person may also submit the sworn affidavits of others whose testimony the person wishes to have considered.
(c) The person shall designate two (2) grand jurors who shall, with the foreman, comprise a panel to determine whether the knowledge warrants investigation by the grand jury. The panel may consult the district attorney general or the court for guidance in making its determination. The majority decision of the panel shall be final and shall be promptly communicated to the person along with reasons for the action taken.
(d) Submission of an affidavit which the person knows to be false in any material regard shall be punishable as perjury. An affiant who permits submission of a false affidavit, knowing it to be false in any material regard, is guilty of perjury. Any person subsequently testifying before the grand jury as to any material fact known by the person to be false is guilty of perjury.
HISTORY:[Acts 1978, ch. 727,§ 1; modified; T.C.A.,§ 40-1626; Acts 1995, ch. 213,§§ 1-4.]
Perjury, title 39, ch. 16, part 7.
Section to Section References.
Sections 40-12-104 -- 40-12-106 are referred to in § 40-12-107.
Tennessee Criminal Practice and Procedure (Raybin),§ 9.23.
State ex rel. Anderson v. Fulton, 712 S.W.2d 90, 1986 Tenn. LEXIS 690 (Tenn. 1986); In re Death of Reed, 770 S.W.2d 557, 1989 Tenn. Crim. App. LEXIS 143 (Tenn. Crim. App. 1989).
NOTES TO DECISIONS
1. Appearance by Police Officer in Violation of Orders.
1. Appearance by Police Officer in Violation of Orders.
Although no one may prevent a person from appearing before a grand jury, and indeed it is his duty to do so if he has evidence of a crime, court held that police officer's appearance before a grand jury in violation of orders was not the reason that he was suspended indefinitely. Watts v. Civil Service Board, 606 S.W.2d 274, 1980 Tenn. LEXIS 501 (Tenn. 1980), cert. denied, 450 U.S. 983, 101 S. Ct. 1519, 67 L. Ed. 2d 818, 1981 U.S. LEXIS 1234 (1981).
Grand Jury 193.1-44.
Just an ordinary citizen, like me, can through research learn more and acquire the tools needed to protect their rights, force officials and public officials to respect the law, be truthful when giving testimony under oath (the meaning of perjury, in particular) and whether correction officers abide by the color of law to which they are sworn.
A little bit of information goes a long way, spreads well, and is valuable when needed.
#7 Feb 8, 2011
Prosecutor insists that case law trumps state law
EYEWITNESS: JUDGE GAVE “PREDETERMINED ANSWER”
by Sharon Rondeau
Madisonville, TN courthouse, where Cdr. Walter Fitzpatrick was arrested on April 1, 2010. Fitzpatrick was accused of "riot" and "threatening a juror" as well as "riot"
(Oct. 8, 2010)– Tennessee Congressional candidate Mr. H. James Headings was an eyewitness in the courtroom in Madisonville, TN, the seat of Monroe County, TN, for a hearing on Tuesday morning regarding the arrest of Walter Fitzpatrick on April 1, 2010.
After asking the Monroe County grand jury to act on a criminal complaint of treason against Barack Hussein Obama, Fitzpatrick attempted to execute a citizen’s arrest of Gary Pettway, the Monroe County grand jury foreman, for his alleged illegal occupation of that position for the past 20 years. On April 1, Fitzpatrick was charged with “intimidation” and “riot,” among other things.
Darren Huff was arrested on April 30 and was “charged in U.S. District Court in Knoxville with traveling across interstate lines armed and ready to incite violence if necessary to take over the city of Madisonville and the Monroe County Courthouse located there.” Law enforcement claimed that Huff’s display of “suspicious indicators” on his vehicle caught their attention.
Fitzpatrick has maintained that he followed Tennessee state law when he attempted to effect the citizen’s arrest of Pettway and that the Monroe County grand jury has been “rigged” for many years by judges aware that the jurors have exceeded their terms of service, and in Pettway’s case, by many years.
Attorney Stephen Pidgeon has been retained to act as Fitzpatrick’s defense counsel.
MRS. RONDEAU: How long was this morning’s hearing?
MR. HEADINGS: I didn’t look at the time, but I would have guessed it was about 45 minutes.
MRS. RONDEAU: Who was the judge presiding?
MR. HEADINGS: It was Judge Jon Kerry Blackwood, who was brought in from Roane County for this case specifically.
MRS. RONDEAU: Was it your impression that the judge conducted the hearing fairly?
MR. HEADINGS: He was very careful not to make any mistakes, but it seemed that, because of the argument that the prosecutor made and the way the judge reacted in his answers…the judge actually at one point stopped Mr. Pidgeon and gave him an answer to part of an argument before he had made his ruling. To me, that came across that he had predetermined what his answer was going to be before he got there.
#8 Feb 8, 2011
MR. HEADINGS: Yes, and they quickly rattled off the cases, although I didn’t write them down. But there is case law out there where people have tried to get their cases overturned because of problems with grand juries before, and in each case, they have failed to do so. So they are using that as being a precedent in this case which, in my opinion, is not legitimate, because this case deals specifically with the grand jury, whereas in each of the other cases, there was some other activity that was deemed criminal and the defendant was found guilty, which did not deal with the grand jury.
MRS. RONDEAU: And this case contends that the sitting grand jury was an illegally-convened grand jury.
MR. HEADINGS: Yes, and the one with Angela Davis, who was the special grand jury foreman appointed for Walt and Darren’s case also was illegal because she was appointed after having served as a petit juror within less than a year prior to that, and the Tennessee Code Annotated specifically says that a person can’t be called for jury service once you’ve served until 24 months has passed.
MRS. RONDEAU: Why do they think that this “case law” argument will prevail over the Tennessee Code Annotated?
MR. HEADINGS: I think it isn’t a case of their thinking that it will prevail as much as it’s the fact that this judge has been appointing a grand jury foreman in his county for longer than Gary Pettway has been appointed in Monroe County. So the situation is that you’re asking them to rule against themselves, and because of that conflict of interest, they’re just not going to do it.
MRS. RONDEAU: So is “case law,” to them, simply what they’ve been doing, rather than a law being passed to make it so?
MR. HEADINGS: Exactly. That’s what it boils down to:‘We’ve been doing it, we’ve been getting away with it; it’s been holding up in court, and we’re not going to change.”
MRS. RONDEAU: Mr. Rocky Joe Houston has sent me documentation that the same grand jury foreman has been in place in Roane County since 1987.
MR. HEADINGS: That’s three years longer than Gary Pettway has been in Monroe County. The idea of using case law from precedent is something that is taught in law school now, and in these guys’ minds, that prevails, period. Just because it’s been wrong for so long doesn’t change the fact that it’s wrong.
MRS. RONDEAU: What was the outcome of the hearing, and what is the next step?
MR. HEADINGS: They said that the trial would proceed on December 1.
MRS. RONDEAU: What was your impression of Attorney Pidgeon?
MR. HEADINGS: I was quite impressed with Mr. Pidgeon. He seems to understand what’s going on. I talked to him a little bit and stood and listened to him talk at some length with some others, and he seems to have a perception of the truth of the law and the Constitution and how those things apply. In fact, in his explanation, it came across that he understands that the whole concept of a grand jury is for the purpose of protecting the citizenry and also making officials accountable to the law as well as people who are not officials. That’s why the grand juries have to be separate from the judicial system, because if the judicial system becomes corrupt and the grand juries are in any way within the control of the judicial system, it’s like putting the fox in the hen house. You just can’t allow them to police themselves.
#9 Feb 8, 2011
MRS. RONDEAU: Would you say that right now, that is the current situation: that the judicial branch is controlling the grand jury?
MR. HEADINGS: Yes. The foreman of the jury can control the jury, and the judge stated that he disagreed with that. But I have served on a petit jury, and I was asked to be foreman of it by the jury but declined in deference to a lady who was there and had a similar background that I had. I did so because I didn’t want to totally leave the jury, but I wanted to be able to debate and argue more, and basically, I swayed the jury to my way of thinking. If you have someone who is foreman of the jury or outspoken like that, it is very easy to control the jury. The leader of the jury will get his way 90% of the time.
MRS. RONDEAU: What was your impression of Mr. Huff’s attorney?
MR. HEADINGS: For a public attorney who was appointed, he seems to be working, at least to some degree, with Walt’s attorney, Mr. Pidgeon. I was pleasantly surprised, but I still am not sure that he’s not part of the system.
MRS. RONDEAU: Is he a public defender?
MR. HEADINGS: Yes, I think he is a private attorney who takes a certain number of cases like that; I think that’s the way they do it here wherein private attorneys share in that responsibility and rotate.
Jon Blackwood ruled Tuesday morning that Judge Amy Reedy’s appointment of Gary Pettway and Angela Davis to the 2010 Monroe County Grand Jury effectively harmless error.
James Stutts argued the government’s case. James Stutts is an assistant district attorney in Tennessee’s 10th Judicial District. Stutts works for Counselor Steve Bebe, is the District Attorney General.
#11 Feb 8, 2011
EMPTY NOTHING from the NOTHINGS.
#13 Feb 28, 2011
What's going on with the state auditors there at SCUD, where they have been working now for sixteen months. From the filing of the private audit by Wood & Greer last week, one observant person is believing and reasonably expecting to see that state audit filed soon.
Since state auditors 'do their thing' once about every three years as a check and balance let private auditors overlook or lean inward a little too far, for obvious reasons, one might expect a cleaner and more thorough audit when filed by the state.
This poster will be satisfied with that audit, not particularly impressed by the last two filed by Wood & Greer, as pointed out relating to the exotic travels revealed from out of the blue by state auditors while on the job. We expect to hear more of those details in time, keep watching!
Isn't the grand jury in session here in Sevier County next week??
#14 Feb 28, 2011
After asking the Monroe County grand jury to act on a criminal complaint of treason against Barack Hussein Obama, Walter Fitzpatrick attempted to execute a citizen’s arrest of Gary Pettway, the Monroe County grand jury foreman, for his alleged illegal occupation of that position for the past 20 years. On April 1, Fitzpatrick was charged with “intimidation” and “riot,” among other things.
I was reading about goings on in Monroe County and someone being charged with 'intimidation'. From this it occurred to me that I am one who intimidates, but, up until now it never occurred to me that I might be charged with 'intimidation'.
Guess if I've gotten by this far I'll be able to cruise on in, especially while I hold my position as commissioner and the water department job,
'pressure' is the name of the game I play.
#16 Mar 4, 2011
When citizens question the process, that is one thing; when they question their officials and how they conform to that process - as the statutes lay them out and as they relate to the personal whims of those who administer the process, that is totally another issue.
Consider this and determine, in your own mind with your limited knowledge, if the process is working for you in Sevier County and are there serious questions appropriately raised as to the 'human factor' applied in a highly politically-charged county: If the answer is 'no' to the first issue, and to the second 'questionable', then expect no justice!
JUST HOW CLOSE CAN A JUDGE STAND - belly to belly and eye to eye - TO THE INDIVIDUAL IMPANELED ON THE GRAND JURY when it comes to influencing the outcome of the sworn information presented to the
foreman and that panel?
#17 Mar 4, 2011
Don't it piss you off that there is not one God Damn thing you can do about it NOTHING!
#18 Mar 4, 2011
The 'pisser' sits in the corner with his bottle, this described you -
not the person who does within their power what they can do to make a change and correct such issues as we face in Sevier County.
You can do enough pissing for the entire county, but nothing more!
Get 'r done, as you're the best!
#19 Mar 6, 2011
Don't excuse it, expose it!!!
#20 Mar 6, 2011
NOTHINGS will never even get a hint of ever being listened too. They cried wolf too many times and all the get now is ignored. Thank Gary Cate and his plywood sign.
#21 Mar 7, 2011
Carry on, be you a sheep or a goat!
'Nothings' are logged in as plaintiff realtors on behalf of citizens and taxpayers on the court dockets of:
U. S. Federal Court of Appeals
Supreme Court of State of Tennessee
Eastern Division of Tennessee Court of Appeals
More actions to be taken within next sixty days -
more information on these efforts, stay tuned!
We have no sheep or goats in our organization involved in our efforts - we are merely concerned citizens exercising our rights as such and for the best interest of all. Once we accomplish our goals, you might take a different view of our value - matters not, however!!
#22 Mar 7, 2011
You NOTHINGS are a laugh a minute especially the Ross crazy bunch that blows smoke and sunshine up every bodies ass. YOU ARE A NOTHING and will stay a NOTHING forever Ross Turd Diver.
#23 Mar 7, 2011
there are other utilitys guilty of wrong doing but if they are in trouble you know ballard is in deep sh--!!!
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