Educating the Confused – P&E and the foreperson

The P&E ‘reports’ the somewhat misleading claim that:

A chief clerk in Monroe County, TN has admitted, and The Post & Email can now confirm, that there has been no duly-appointed grand jury foreman in Monroe County, TN for at least the last 27 years.  The foreman is responsible for signing indictments indicating that there is “probable cause” to go forward with a prosecution.

Monroe County Chief Court Clerk Martha M. Cook has stated in a letter to Walter Francis Fitzpatrick, III dated September 16, 2011 that no appointing orders exist for the grand jury foreman dating back to at least 1985.

Source: P&E Monroe County Chief Court Clerk Admits Grand Jury Foreman of 27 Years Illegitimate

Contrary to P&E’s belief, one does not need an appointing order to be properly appointed to be the foreperson of the Grand Jury. Furthermore, even if he were an ‘illegimate foreperson’ the proper time to raise this would have been before any individual trial.

Much ado about nothing, other than to note that the Chief Court Clerk did not admit to what the P&E claims

Cook has told the media that the judge “can pick the foreman from wherever they choose” but has also claimed in writing that juror selection for Monroe County is performed in an automated way.  The law states that juror selection must be made by automated means.

Yes, that’s for the jurors but the foreperson is not a juror although he serves as a 13th one. As I have explained, under Tennessee rules, the Judge appoints the foreperson of a group of eligible people, not necessarily from the pool of jurors.

Now what DID the Chief Court Clerk write?

After reviewing your request, this Office is unable to provide you with either all or part of the requested records.  The basis for the records is that this office does not maintain a list of all of the foremen for the requested years and that in order to provide such a list, we would have to search through the minute books and compile the information and essentially create a new record, and we are not required to do so under the Tennessee Public Records Act, TCA Section 10-7-503(a)(3).  The code reads in part, “This section shall not be construed as requiring a governmental entity or public official to sort through files to compile information.  Your request is denied because no such records exist. [sic]

As usual, lot’s of huff and puff but nothing earth shaking. As I have shown, under legal precedent it is sufficient that the minutes show that a foreperson was amongst those sworn in. Furthermore, any legal objections to the Grand Jury should have been made by a plea in abatement before the trial.

and

and

and State v Vaughn, MO

Will Walt take up their offer to review the minute books? Sigh…