At the P&E, Sharon Rondeau writes:
In an indictment issued against both Huff and Fitzpatrick stemming from the citizen’s arrest, the foreman was identified as a “juror.” However, in a court brief filed in defense of the government’s conviction of Fitzpatrick in a case arising in December 2011, the state of Tennessee now claims that the foreman of any grand jury in Tennessee is not a juror, but rather, a court employee appointed by the judge by an unknown vetting process.
The foreman is part of the jury but is not a juror in the sense that unlike the jurors, he is selected by the judge and appointed to manage the grand jury business. He is ‘the thirteenth juror’ but as the rules, history and legal precedent show, he is not summoned after having been selected randomly from a pool of eligible candidates.
Rule 6 TN Rules of Criminal Procedures (In Tennessee the legislature approves the rules of the court)
The foreperson and the twelve qualified jurors whose names are first drawn constitute the grand jury for the term and shall attend the court until dismissed by the judge or until the next term.
Anyone who is willing to do a little research would have come to realize these simple facts. For example, there are several bills in the legislature which address the Grand Jury, one of them is trying to change the selection of the foreperson from the present day situation to one where he is also randomly selected. It is unlikely that such a proposal will be successful as the role of the thirteenth juror is administrative.