Following his futile efforts to serve these charges of Treason with the Monroe County Grand Jury in late 2009, Fitzpatrick learned in January 2010 that the Grand Jury Foreman, Gary Pettway, had held that position since January 1990, over 20 years in a row, in violation of the law that require at least 24 months between terms of service as a juror and also requires that selection of the foreman be by random means.
When Fitzpatrick’s efforts to bring charges against Pettway and the latest judge who appointed him in violation of the law, and others for obstruction of justice, were completely ignored and not acted upon, Fitzpatrick filed papers to make a certified and legal Citizen’s Arrest of Pettway while he was illegally serving as the Grand Jury Foreman, on April 1, 2010. Fitzpatrick had asked the police to send a law enforcement officer to whom Pettway could be remanded once arrested and had notified four or five friends so that they could witness and videotape the event.
Instead of being able to turn over the legally-arrested Pettway (Tennessee has detailed and strong Citizen’s Arrest laws which were followed to the letter of the law) to law enforcement, Fitzpatrick was himself arrested, taken to jail, and held incommunicado for five days.
Fitzpatrick was charged with:
1. Disturbing a meeting by interrupting a Grand Jury while in session in order to arrest the jury Foreman, Gary Pettway
2. Inciting a riot by gathering a reported five supporters to videotape the citizen’s arrest attempt
3. Resisting arrest
4. Disorderly Conduct.
On June 28, 2010, Lt. Cmdr. Fitzpatrick and Desert Storm Navy veteran Darren Huff, Oath-Keeper and Chaplain for the Georgia Militia, who was one of the videographers (seen at 1:50 videotaping over the left shoulder of the arresting detective, Travis Jones, in the Citizen’s Arrest video) were summoned to the Monroe County Courthouse in Madisonville, TN (160 miles from Darren Huff’s home in GA) for their arraignment on the various charges (three for Huff, and six for Fitzpatrick).
The arraignments of Huff and Fitzpatrick were based on indictments handed down by one of the current Grand Juries. Monroe County has two which alternate from month to month. Since Pettway is still the illegally-appointed Grand Jury Foreman of one of them for another consecutive year, the judges apparently felt they should use one of the two of which Pettway was not Foreman: this is blatant jury-rigging.
The Jury foreperson for these indictments, appointed by Judge Amy Reedy, was a Ms. Angela Davis, an illegal member of the Grand Jury, since she had served on a petit jury less than a year before, which court payment records prove. A person cannot serve on a jury, petit or grand, within two years of prior service, according to Tennessee law. This, of course, would make it an illegal Grand Jury, and all indictments by them would therefore be null and void.
Huff appeared first, and Judge Ross read the charges:
1. Participating in a riot (violation of T.C.A. 39-17-302, against the peace and dignity of the State of Tennessee)
2. Disrupting a lawful meeting
3. Did harm, or threatened to harm a juror.
At the arraignment, the transcript notes:
Judge Ross: “The Grand Jury has indicted you.”
Huff: “Who is my accuser?” (NOTE: Everyone has a Constitutional right to face or know his accuser).
Judge Ross refused to name one, as there apparently is none, as far as can be determined, but said: “You will have to ask your attorney.”
Judge Ross: “I will be recusing myself from your trial, which you will be notified of in the near future.”
Summary:
* There is no named accuser
* There is no police record of a criminal act
* The charges are by an illegal Grand Jury; therefore, all are null and void
* The judge cannot deny anyone his or her Constitutional right to bring charges of Treason against anyone, anywhere, when there is reasonable evidence that such Treason has been committed