Walter “Citizen’s Arrest!” Fitzpatrick, late of the county pokey, is trying on a brand new legal tactic. Since the local grand jury won’t take him seriously, and the citizen’s grand juries have proven to be a non-starter, Fitzpatrick is trying to go straight to the Federal judge. You may wonder whatever gave him the idea that he could ask a Federal judge to speak to the Grand Jury???
Well, courtesy of FogBow, (see Note 2 below for links) here is a copy of the June 14, 2013 letter with the magic sentence in it, “A private citizen may go directly to the Federal Grand Jury and give information only with the permission of the Court or the United States Attorney’s office.” This language was from an earlier denial on April 6, 2011.
And, since the U.S. Attorney and a magistrate judge said no, Walt decided to go straight to the Judge Varlan! Of course Fitzpatrick Chronicler, Sharon Rondeau, is all over it. Here are a few excerpts from a June 14, 2013 Post and Email article, “Make Way For Commander Fitzpatrick”, that was smuggled out from behind the P&E Paywall in a homemade hot air balloon. I would provide a link, but Rondeau has it fixed to where you can’t even link to the article in question. So, a general link to The P&E follows this excerpt:
Fitzpatrick has evidence that Killian and two other prosecutors have committed crimes in the case of a man who was said to have been in a place where he was not, then convicted of a crime based on the false statements contained in an FBI agent’s affidavit.
After finishing his 15-minute phone call with Gibson [Judge Varlan’s clerk], Fitzpatrick contacted several members of the local media in eastern Tennessee who have previously reported erroneously on the case. One hung up on him; one editor appeared interested, according to Fitzpatrick; and a third asked Fitzpatrick to recontact her if he secured an appointment to appear before the grand jury.
Fitzpatrick said that he stressed to Ms. Gibson that the information he possesses “has to do with my report of criminal conduct on the part of government officials,” including Killian.
“We could be onto something of extreme historical importance and significance at this moment by having people go to a federal judge and say, ‘According to your own letter, it’s either a federal judge or the U.S. Attorney; the U.S. Attorney is conflicted in this because it’s the U.S. Attorney who has committed crimes. So people from around the country can come in and say, ‘Make way for Commander Fitzpatrick,’” Fitzpatrick said. “People can give exposure to the fact that U.S. Attorneys are the gate-guards, and the only other way in is through a federal judge. So let’s see how this plays out.”
So, there was one piece of good news for Fitzpatrick. With a broken computer, he can make less of an ass out of himself. But the bad news far outweighs the good. I read through all the Madisonville Hoax stuff on Fitzpatrick’s JagHunter page and there are a few interesting points that seem to mitigate in Huff’s favor. I asked my BFF Fabia Sheen, Esq., an attorney, about this. She said that warrants often contain overstated information put in to insure that the officer can convince a judge or prosecutor to give them what they want.
She also said that prosecutors often overcharge on counts to provide a little cushion in subsequent plea negotiations. Whether that is the case here, will never be given a fair review because of the nutty nature of the people making the claim. She said that courts, in general, are not disposed to overturn decisions. That is why most appeals fail, and most motions for new trials are not granted. Plus, Huff had a chance to dispute the evidence offered by the government at his trial.
She said that the credibility of the person making the claim is a factor. Therefore, a good law firm, with a solid reputation and no history of making spurious and unfounded motions, will get more attention than a couple of wackadoodles who file “hundreds of pages of documents” and “repeated requests” to use the language from the letter above. It is even worse if the wackadoodles are well known for believing nutty Birther conspiracy theories and for filing vexatious and meritless legal actions. Like Fabia said, judges only have 168 hours in their week and they must prioritize.
That is just the way things are.
Note 1. The Image. This is usually called, The Sailing Duo. It is by photographer Fritz Guerin around 1902. Walter Fitzpatrick’s middle name is “Francis” in case anybody is wondering about the choice of names. Sharon Rondeau is the editor of The Post and Email, and special friend to Mr. Fitzpatrick.
Note 2. Links to each page of the June 14, 2013 letter found at FogBow:
Note 3. Darren Huff Conviction. Huff was indicted under 18 USC § 231 (a)(2):
(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or