Another one bites the dust in the Maryland Court of Appeals
Fair and Miltenberger v. Walker – Pet. Docket No. 193 *
HT: Northland at the Fogbow
A chinese national gets access to sensitive documents and Arpaio’s second in command covered it up?
In fact, a review of records shows that David Hendershott, who was second-in-command at the sheriff’s office, moved aggressively to maintain silence, a silence that has now lasted some seven years. Two weeks after Fan departed, Hendershott directed others in writing not to discuss Fan and the possible breach. In an email to the outside contractor that had hired Fan, Hendershott wrote: “Keep this between us and only us.”
In spite of a Judge who seems to be on a war path with the government about immigration, Orly failed to get what she wanted
Minute Entry for proceedings held before Judge Andrew S. Hanen. MOTION HEARING held on 8/27/2014. Appearances: O.Taitz, Atty/Plaintiff; D.Hu, AUSA; C.Kisor, AUSA;(Court Reporter: B.Barnard)(01:31-03:44/ 03:55-05:49). All parties present and ready to proceed. Discussion held as to pending motions. Oral argument held. Govts witness K. Oaks sworn in/ testified/ cross. Govts Exhibits #2,#3,#4 admitted. Defts Exhibit #1 admitted. Court Break. Court Resumes. All parties present. Govts Witness T.Brooks sworn in/ testified/ cross. Govts Witness A.Fierro sworn in/ testified/ cross. Govt concludes its presentation. O.Taitz addressed the Court. Court addressed the parties. Court DENIES the termporary restraining order. Plaintiff has until 09/12/14 to file amended complaint. Defendants have until 10/03/14 to respond either by answer or by motion to dismiss. Plaintiff may reply by 11/17/14. Injunction hearing will be held on 10/29/14 at 10:00 am. Initial Conference set for 10/28/14 is cancelled. Depositions to be taken after amended complaint and with Courts permission. Court adjourned.
From what I have heard, Orly may have perjured herself when she submitted an affidavit stating that all parties agreed to waive the 100 mile rule when in fact she had not contacted at least one of her ‘witnesses’.
Sloppy… As expected.
It seems that the Florida Common Law “grand jury” knitting club may soon be starting its shenanigans.
I wonder if they are familiar with Florida Code 843.0855 ? It’s about time that the Sovereigns are protecting themselves from these ‘knitting clubs’… Note that the original statute had been found to be unconstitutionally as it was overly broad. Larry Klayman obviously is familiar with the statute while serving as a “Citizens Grand Jury” prosecutor.
843.0855 Criminal actions under color of law or through use of simulated legal process.–
(1) As used in this section:
(a) The term “legal process” means a document or order issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act. “Legal process” includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.
(b) The term “person” means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals.
(c) The term “public officer” means a public officer as defined by s. 112.061.
(d) The term “public employee” means a public employee as defined by s. 112.061.
(2) Any person who deliberately impersonates or falsely acts as a public officer or tribunal, public employee or utility employee, including, but not limited to, marshals, judges, prosecutors, sheriffs, deputies, court personnel, or any law enforcement authority in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who simulates legal process, including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings, knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who falsely under color of law attempts in any way to influence, intimidate, or hinder a public officer or law enforcement officer in the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(a) Nothing in this section shall make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority.
(b) Nothing in this section shall prohibit individuals from assembling freely to express opinions or designate group affiliation or association.
(c) Nothing in this section shall prohibit or in any way limit a person’s lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process.
van Irion presented an ‘argument’ that the Grand Jury which indicted Walt was somehow tainted. There is one problem with this argument
Read Rippy v. State, 550 SW 2d 636 – Tenn: Supreme Court 1977
Petitioners complain that the Grand Jury was not impartial and unbiased and its proceedings were not held secret.
The only statutory disqualification of grand jurors by reason of interest is set forth in § 40-1613, T.C.A.:
If any member of the grand jury is charged with an indictable offense, or is a prosecutor, or if the offense was committed against his person or property, or if he is connected by blood or marriage with the person charged, he shall not be present at or take part in the consideration of the charge, or the deliberations of his fellow jurors thereon.
[NBC: The jurors were neither victims of the crimes against Cunningham, nor where they connected by blood or marriage, so any objections that they had heard about Walt will likely be rejected as irrelevant]
Almost one hundred years ago this Court, in State v. Chairs and McNeal, 68 Tenn. 196, 197 (1877) declared:
[W]e do not understand that our laws require that the grand jurors shall be free from any previous opinion as to the guilt of the accused.
[NBC: This is a major hurdle for Walt to overcome as there is no requirement that the grand jurors shall be free from any previous opinion.]
This same language was quoted with approval in State v. Felts, 220 Tenn. 484, 489, 418 S.W.2d 772, 774 (1967). This seems to accord with the prevailing view throughout the United States. Thus, in 38 Am.Jur.2d, 642*642 Grand Jury, § 7, under the heading, “Effect of bias, prejudice, or interest” we find:
Generally, in the absence of a controlling statutory provision, a person is not disqualified or incompetent to serve as a grand juror by reason ofbias or prejudice on his part, by the fact that he has heard or read about the case under investigation or has even formed or expressed an opinion as to the guilt of the accused, or by his interest in a prosecution other than a direct pecuniary interest. The reasons assigned in support of this rule are that a grand jury, being an accusatory and not a judicial body, has the right and obligation to act on its own information, however acquired; that the oath required to be taken by grand jurors contemplates that they may be called on to act in the cases of both enemies and friends and requires them to inquire diligently into the commission of crimes; and that those who live in the vicinity of the place where the crime was committed know better than others the character of the parties and of the witnesses and are, therefore, particularly proper members of the grand jury. However, there seems no authority which goes so far as to hold that this would be true where the jurors had determined through malice or bribery to violate their oaths. (Footnotes omitted)
We, therefore, hold that in the absence of a statutory prohibition, express malice, bribery or other equally reprehensible conduct, there is no legal objection to a person with bias or prejudice serving as a member of a grand jury.
Walt Fitzpatrick will be sentenced tomorrow in Athens, TN following his conviction for aggrevated perjury and extortion, We will have a same day report from none other that Foggy. Join us at 9 PM ET/ 6 PM PT. Call 1-347-324-5546 with quations (sic) or comments.
Judge John Blackwell on Tuesday sentenced Fitzpatrick to three years in prison, with the opportunity for release after he serves 30 percent, or a little under a year. The sentence on each of the McMinn convictions will run concurrently, but consecutive to another conviction in Monroe County associated with a previous case.
Blackwell called Fitzpatrick a “moral coward” and his accusations of criminal wrongdoing among local judicial officials and the president “ludricrous.”
More than 25 people were in the gallery Tuesday to show their support for Fitzpatrick and they broke out into applause as Fitzpatrick was taken from the courtroom in handcuffs, amid a couple of cries of “thank you.”
U.S. Navy Lt. Cmdr. Walter Frances Fitzpatrick III (retired) was indicted in March on charges of aggravated perjury, harassment, stalking and extortion and convicted by a jury back in June on the perjury and extortion charges. Court officials tell NewsChannel9 the stalking charge was dismissed prior to trial and jurors found Fitzpatrick not guilty of harassment.