Fitzpatrick and the Grand Jury that indicted him

During the motion hearing in June, the defense raised the issue that since the jurors who indicted Fitzpatrick in March, were told in January about his involvements in a Monroe County incident, that there may have been prejudice.

It is unclear to me if counsel raised the issue in a timely and proper fashion however.

Under the criminal procedure in this state, objection to the venire or the indictment is deemed waived unless raised in apt time by motion or plea in abatement.

In State ex rel. Lawrence v. Henderson, Tenn.Cr.App., 433 S.W.2d 96, 101, this court said:

“If the defendant does not object by motion or plea in abatement, to the venire or to the jurors summoned under it, before he pleads to the indictment, an objection thereafter is too late.”

Source: State ex rel. Henderson v. Russell, 459 SW 2d 176 – Tenn: Court of Criminal Appeals 1970

On a personal note, I believe that the Judge should have appointed a different Grand Jury to deal with the issue since the appearance of bias should be avoided at all cost.

3 thoughts on “Fitzpatrick and the Grand Jury that indicted him

  1. Walt could probably have gotten off easily, or at least had charges reduced ( say, from “Extortion” to “Disorderly Conduct”) if he had a good lawyer.

    But he doesn’t. And his history is not showing us any reason to expect him to get one.

  2. So far, van Irion has done a much better job than Walt could have done himself.

    Let’s keep it at that. Of course, Walt would not be in this situation if he had properly researched how the foreperson of the Grand Jury in TN is appointed and how this is supported by the history, statutes, court rulings etc.
    Once Walt started down the path of illegal foreperson, Walt has walked a path of convictions for his actions.

    Cunningham was more than happy to bring Walt’s complaints to the Grand Jury, who consistently rejected the writings for obvious reasons. However, when Walt felt it necessary to accuse Cunningham of blocking Walt to appear before the Grand Jury, Cunningham’s actions took a different direction. Walt persisted and is now reaping the benefits of all of this.

  3. Fitzy joined the NLA call last night for a brief time. Someone (from TFB, maybe?) asked him about his dress whites. He hung up shortly thereafter.

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