Professional Documents
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STATE OF TENNESSEE
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V. CASE NO. 10213
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WALTER FRANCIS FITZPATRICK, III
TRANSCRIPT OF ARRAIGNMENT
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JUNE 28TH, 2010
APPEARANCES
FOR THE STATE:
Assistant District Attorney General
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James H. Stutts
10th Judicial District
P.O. Box 647
Athens, Tennessee 37303-0647
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MARTY COOK:
Direct by Court 13
CERTIFICATE OF COURT REPORTER 20
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INDEX TO EXHIBITS
NUMBER DESCRIPTION PAGE ENTERED
1
2
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Newspaper ad by Walter
Fitzpatrick
Letter to Greg Breeden
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7 Criminal information on
Walter Fitzpatrick from
state of Washington 13
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1 IN THE CRIMINAL COURT FOR MONROE COUNTY
2 AT MADISONVILLE, TENNESSEE
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4 STATE OF TENNESSEE
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6 V. CASE NO. 10213
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8 WALTER FRANCIS FITZPATRICK, III
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10 This case came on to be heard on an
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arraignment and was heard on the 28th day of June,
2010, before the Honorable Carroll L. Ross, Judge,
13 holding the Criminal Court for Monroe County, at
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14 Madisonville, Tennessee, when the following
15 proceedings were had, to-wit:
16 THE COURT: Mr. Walter Fitzpatrick. (Brief
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5 GENERAL STUTTS: C.
6 THE COURT: Pardon?
7 GENERAL STUTTS: Class C felonies.
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8 THE COURT: Class C felonies? Mr. Patrick --
9 Mr. Fitzpatrick, do you understand what the charges are
10 against you?
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DEFENDANT FITZPATRICK: I do not.
THE COURT: Okay. Well, then I will read them
13 to you. In count one, you've been charged that on or
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14 about the 1st day of April, the year 2010, in Monroe
15 County, Tennessee, and before the finding of this
16 indictment, you did unlawfully and knowingly participate
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5 In count three -- I will not take any papers
6 handed to me by this defendant here today. Do you
7 understand that, sir? By your silence, I will presume you
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8 clearly understand then that last order.
9 In count three, you have been charged that on
10 or about the 1st day of April, the year 2010, in Monroe
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County, Tennessee, and before the finding of this
indictment, you did unlawfully and intentionally or
13 knowingly in a public place, and with the intent to cause
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14 a public annoyance or alarm, create a hazardous or
15 physically offensive condition, by an act that served no
16 legitimate purpose, in violation of Tennessee Code
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5 County, Tennessee, and before the finding of this
6 indictment, you did unlawfully and knowingly harm or
7 threaten to harm a juror, to wit: Gary Pettway, by an
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8 unlawful act, in retaliation for actions taken by Gary
9 Pettway in an official capacity as a juror, in violation of
10 TCA Section 39-16-510, all of which is against the peace
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and dignity of the State of Tennessee.
And in count six, the allegations are that on or
13 about the 2nd day of December, year 2009, on the 1st
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14 day of -- between the 2nd day of December, year 2009,
15 and the 1st day of April, the year 2010, in Monroe
16 County, Tennessee, and before the finding of this
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5 DEFENDANT FITZPATRICK: And who --
6 THE COURT: I will not address questions
7 asked by you as a defendant in this court, do you
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8 understand that?
9 DEFENDANT FITZPATRICK: Who signed --
10 may I see a copy of that?
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THE COURT: I will give you a copy of the
indictment --
13 DEFENDANT FITZPATRICK: Please.
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14 THE COURT: -- as I have every other
15 defendant that stood before this Court.
16 DEFENDANT FITZPATRICK: I'd like to see one
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17 now.
18 THE COURT: You need to be real quiet. Now
19 you need to answer the questions I -- you're not here to
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5 THE COURT: Well, do you understand that's
6 what the -- well, do you read and write okay, sir? Do you
7 read and write okay, because I've read these clearly to
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8 you. Is there anything you don't understand, that these
9 are the charges? I will enter an automatic not guilty plea
10 as I do for all defendants.
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12 those?
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DEFENDANT FITZPATRICK: Who signed
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5 Fitzpatrick...as the JAG hunter, whatever that means. If
6 you'll enter this as exhibit one, please.
7 (EXHIBIT NUMBER ONE MARKED AND
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8 ENTERED).
9 THE COURT: Mr. Fitzpatrick, for your benefit, I
10 will again -- you make allegations here against me in this
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add, and I notice that you...(as read) "In the second
truth, there is Judge Carroll Ross' installment a few
13 weeks ago of Mr. Gary Pettway as foreman to the Monroe
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14 County Grand Jury for a 27th consecutive year." Your
15 second truth is totally false. I have never appointed a
16 Grand Jury foreman to this county, nor will I ever. That's
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5 Breeden, who is the Chief of Police for the Madisonville
6 Police Department. Let's see...to where he sets forth
7 that Mr. -- someone with the name of Walter Francis
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8 Fitzpatrick, III, is going to make a whole series of
9 citizen's arrests of officials of this county. If you'll mark
10 that as exhibit two.
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12 ENTERED).
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(EXHIBIT NUMBER TWO MARKED AND
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5 understand there is no way any county Grand Jury in any
6 state, in any part of this country can consider any
7 federal issue. Anyone who has a smidgen of knowledge
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8 of the Constitution ought to know that. I signed this
9 order on April the 1st; it was submitted to the Grand
10 Jury. And specifically, no Grand Jury of Monroe County
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or any other Grand Jury of any county in any state in the
United States of America can consider any evidence on
13 treason of anybody. And once again, anyone who
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14 professes a smidgen of information about the
15 Constitution ought to know that. That will be exhibit four
16 to this hearing.
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22 correct?
23 GENERAL STUTTS: It was presented, yes.
24 THE COURT: And an affidavit of complaint.
25 Ms. Cook, your name's on here. It appears Mr.
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5 DEFENDANT FITZPATRICK: Are you making
6 fun of me? Is that what's going on here? Am I being
7 mocked?
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8 THE COURT: If you'll mark this as the next
9 exhibit of the hearing, please...exhibit number five.
10 (EXHIBIT NUMBER FIVE MARKED AND
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ENTERED). oli
THE COURT: The next exhibit...
13 DEFENDANT FITZPATRICK: I'd like to get
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14 copies of all those, please.
15 THE COURT: Sir, these are all exhibits, yes,
16 sir. Your attorney can get you copies of anything from
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17 the file.
18 DEFENDANT FITZPATRICK: I'm representing
19 myself. I'd like copies of everything that you've just
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20 handed as an exhibit.
21 THE COURT: The next exhibit appears to be
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5 someone is making references to you here.
6 DEFENDANT FITZPATRICK: Could you please
7 describe the document you're holding?
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8 THE COURT: If you will mark that as the next
9 exhibit.
10 (EXHIBIT NUMBER SIX MARKED AND
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ENTERED). oli
DEFENDANT FITZPATRICK: I guess not.
13 THE COURT: (Brief pause) General, what is
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14 this next thing? It appears to be -- what is this, arrest
15 record --
16 GENERAL STUTTS: The last one is Mr.
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5 appears to be out of, what is that, Kitsap County in
6 Washington, is that correct, sir?
7 GENERAL STUTTS: Yes, sir.
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8 THE COURT: There are allegations here of
9 civil anti-harassment order, violation of a civil anti-
10 harassment order, interference with the booking
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procedures at the jail, coercion by use of threats, fraud
charges, a victim who, some kind of civil anti-
13 harassment --
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14 DEFENDANT FITZPATRICK: These are
15 allegations that have nothing to do with what's going on
16 here today.
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5 right hand, please.
6 MS. MARTY COOK was called as a witness
7 by the Court, and having been duly sworn, was
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8 examined and testified as follows:
9 THE COURT: Have you been having contact
10 with this defendant here before the Court today in the
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12 A
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last several weeks?
Yes, sir.
13 THE COURT: Would you tell the Court the
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14 nature of your contacts and what he's been doing in your
15 office?
16 A Mr. Fitzpatrick has come in on numerous
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22 keep up with it, but more time than I've ever spent with
23 any other defendant.
24 THE COURT: Okay. Has he brought you
25 papers to file on occasion?
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5 mean, just things that he just brings in and wants put in
6 his criminal file. There are all sorts of statements and
7 just miscellaneous things that he files.
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8 THE COURT: Has he brought you any papers
9 that have nothing to do with anything going on in this
10 county?
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Well, yes.
THE COURT: Such as?
13 A Well, he's, you know, brought books, lots of
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14 papers to, to try to go before the Grand Jury.
15 THE COURT: Concerning what, Ms. Cook?
16 A Concerning the indictment of President Obama,
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5 your bond: Defendant must avoid all contact, directly or
6 indirectly, in any manner whatsoever, with any person
7 who has been or who may become a Grand Jury foreman
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8 or Grand Jury member of Monroe County, or any other
9 county in the 10th Judicial District, including Bradley,
10 Polk, and McMinn County. You shall refrain from
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attempting to serve or causing anyone else to attempt to
serve any so-called citizen arrest warrant on any
13 government official of the State of Tennessee, Monroe
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14 County, or any other county in the 10th Judicial District,
15 including but not limited to any member of the
16 Tennessee Supreme Court, any member of the various
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5 member of the various Tennessee Courts of Appeals,
6 any trial judge or general sessions judge or any special
7 judge designated to handle this case, or any member of
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8 their staffs. You are further directed that as a further
9 condition of your bond, you are henceforth restrained
10 from attempting to file any papers in the office of the
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Circuit Court Clerk of Monroe County, including but not
limited to papers containing accusations against
13 President Barack Obama or anyone else, and that you
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14 are further restrained from filing any papers whatsoever
15 with the clerk's office of Monroe County; from requesting
16 information about or copies of any papers, documents,
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5 people to personally contact said judge for any reason
6 whatsoever. This restriction specifically applies to any
7 member of the Tennessee Supreme Court, any member
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8 of the various Tennessee Courts of Appeals, any trial
9 judge or general sessions judge, or any special judge
10 designated to handle this case.
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I would further advise you, sir, that your best
interest would be served if you would immediately retain
13 counsel to represent you in these matters.
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14 DEFENDANT FITZPATRICK: In the restrictions
15 that you just --
16 THE COURT: You have been charged with two
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5 instructing by this order also that the Circuit Court Clerk
6 of Monroe County, to place this order on the minute
7 books and forward certified copies to you and to all
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8 government officials covered by this order.
9 DEFENDANT FITZPATRICK: I have a question.
10 THE COURT: You -- I generally can't -- you can
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ask a question. Normally I can't respond to questions
asked the Court.
13 DEFENDANT FITZPATRICK: In the first
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14 restriction that you just read regarding my contact with
15 Grand Jury foreman or Grand Jurors, how am I to know
16 who those people are?
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5 If you wish to have any of these modified, you can
6 contact by writing the special judge that will be
7 designated to handle this case, and he can release any
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8 of these conditions or modify them in your behalf. I'll
9 give you a copy of the indictment. (Brief pause) If you'll
10 hand that to Mr. Fitzpatrick. You will be contacted on
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the designated date you are to be back in court, and you
are free to go.
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14 THIS WAS ALL THE PROCEEDINGS HAD AND
15 EVIDENCE INTRODUCED AT THE ARRAIGNMENT IN
16 THIS CASE ON THE 28TH DAY OF JUNE, 2010.
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22 CERTIFICATE
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24 I, the undersigned Denise E. Barnes, Official
25 Court Reporter and Notary Public for the 10th Judicial
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5 arraignment in this case, in the Criminal Court for
6 Monroe County, Tennessee, heard on the 28th day of
7 June, 2010.
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8 I do further certify that I am neither of kin,
9 counsel, nor interest to any party hereto.
10 July 10th, 2010
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13 Official Court Reporter and
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14 Notary Public
15 State of Tennessee
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