Oddity

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Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired.  After that he began a website called JAGHunter.  Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders.  Over the years there have been other oddities from the retired LCDR.  He became involved in the birther movement.  The retired LCDR has been vocal in his support of LTC Lakin.  And more recently he was arrested and being prosecuted because he wanted to arrest some public officials for actions he didn’t like.

Fitzpatrick was arrested in April after he interrupted a closed door grand jury hearing in an attempt to make a citizens arrest of jury foreman Gary Pettway. Fitzpatrick felt Pettway and the jury was illegally blocking his attempts to indict President Obama.

Fitzpatrick has said he believes Obama is not an American citizen and is serving illegally as president.

Reports the AP:

Fitzpatrick is charged along with Darren W. Huff, 40, a former militia member from Dallas, Ga., accused of inciting a riot at the Monroe County Courthouse in April while coming to Fitzpatrick’s defense after Fitzpatrick’s intrusion on the closed grand jury session in Madisonville.

Huff, who also faces related federal charges, was among about a dozen armed people who gathered at the courthouse. Records show Huff had said that he and others planned to take over courthouse in Madisonville and arrest “domestic enemies of the United States engaged in treason.”

The Post & EMail has had a series of “interviews” with the retired LCDR about his own case.  Reading his interview make for light reading on a dreary day in much the same way as Lewis Carroll’s Through the Looking Glass is a good read.  The parody of the the queen of tarts is just too cute.

Now it seems that the retired LCDR is in violation of the civilian courts version of R.C.M. 804.  The Monroe County Advocate reports:

A man who is so bound and determined to take President Obama to court that he once made his way into a closed grand jury session failed to appear in Monroe County Criminal Court Friday morning.  Circuit Court Clerk Marty Cook said Fitzpatrick was sent notice that he was supposed to be in court Friday, but he did not show by the 10 a.m. start time. Blackwood issued a capias for Fitzpatrick’s arrest and ordered him to be held on no bond when he is picked up.

Posted in: Uncategorized
Tagged: birther, lakin, monroe county, obama and walter fitzpatrick
Updated:

20 responses to “Oddity”

  1. Trevor says:
    October 26, 2010 at 9:53 am

    Based on Fitzies rants and tirades on the Pest and Fail as well as his well documented anger issues…..not gonna end well.

  2. Sterngard Friegen says:
    October 26, 2010 at 12:23 pm

    Many of us over at Politijab (which has transitioned its threads on birthers to http://www.thefogbow.com) have been following Fitzpatrick for a couple of years as he has descended into complete lunacy and been egged on by other nutty birthers. The “Post & EMail” birther site, which pretends to be an online newspaper in the Globe or World Net Daily tradition, has been posting uncritical interviews with him as if they were Gospel.

    As fewer and fewer people have paid less and less attention to Fitzpatrick (who comes to court dressed in his Navy whites and still pretends to be a Naval officer, even using his old Annapolis stationery to this day), Fitzpatrick has become more and more violent in his Internet-posted threats. His hatred for everyone in the military as well as everyone in civil society who doesn’t share his views is leading him to a possible “suicide by cop.” I just hope innocent law enforcement personnel aren’t injured.

    He’s a strange one. And his birther bed mates feed and gin up his lunacy.

    He should have taken NJP years ago and decided he was going to “show them” and demanded a GCM. It didn’t turn out well for him (although he was convicted he was allowed to serve out his 19.5 years to get his pension). After his retirement he was a well known embittered gad fly in Washington State for years until he was finally driven out and decided to relocate in a bucolic little town in Tennessee which has become the target of his current terroristic activities.

    Unfortunately, we haven’t heard the last from Fitzpatrick.

  3. thinkwell says:
    October 26, 2010 at 10:06 pm

    To Stern-something:

    Your claim of violence via the Internet fails on its face (no one has ever been killed or injured by ones and zeros streamed into cyberspace, at least as far as I know). Your writing is at the minimum hyperbole and grade school level name calling and taunting (in other words, your post is that of a troll).

    Gary Peltway (name may be wrong) has apparently been serving on a Grand Jury in Monroe county TN continuously for over twenty years. Are you okay with that (even though it is prohibited by law – one year is the max legal term)? Please do tell.

    The ex Commander may or may not have his personality quirks, but last I checked being rude or difficult is not illegal (lucky for you). Breaking the rule of law, however, is very illegal and the good Commander seems to be quite correct in trying to halt an ongoing egregious case of flagrant lawbreaking.

    You may not like the Commander for personal reasons but you should be ashamed of yourself for not defending the rule of law.

  4. NBC says:
    October 27, 2010 at 9:06 am

    Breaking the rule of law, however, is very illegal and the good Commander seems to be quite correct in trying to halt an ongoing egregious case of flagrant lawbreaking.

    The problem with this ‘argument’ is that no laws have been broken… While it may appear somewhat unusual that Tennessee allows the judge to chose the foreperson, and while the procedures are perhaps somewhat uncommon, you could have familiarized yourself with the law, the rules and how courts have ruled on the topic.

    And thus, in true Walt fashion, all these people, who refused to go along with his foolish notions, were singled out as traitors. What truly worries me is how there appear to be some amongst Walt’s ‘friends’ who appear to be more interested in fueling his rage than in his personal well being and are calling onto others to follow in Walt’s footsteps.

  5. Sterngard Friegen says:
    October 27, 2010 at 6:25 am

    @ thinkwell — Thank you for correcting me and demonstrating my shortcomings. I didn’t realize that Fitzpatrick was only being “rude and difficult.” How stoopid of me. Maybe next time, when he barges into a grand jury session and tries illegally to effect the unlawful arrest of the grand jury foreman he can say “please” most sincerely. Then he won’t have been rude or difficult and the grand jury foreman will just allow himself to be kidnapped and everyone will sing Kumbaya afterwards.

    Thanks again for the admonishment, Mr. Fitzpatrick. You can come out of hiding now.

  6. Trevor says:
    October 27, 2010 at 6:56 am

    I mean it’s not as if Fitzie has like, I duuno a record of abuse and violence…Oh silly me he does.

    2001 May 21 – Kitsap County Sheriff’s Office, K0 1-008018. ID# LW 104969 Suspect – Coercion by use of threat

    2002 February 21 – Kitsap County Sheriff’s Office, K02-003212. ID# LW 145591 Fitzpatrick files a criminal fraud complaint with the Kitsap County Sheriff’s Office claiming the Port of Tracyton’s budgets were false.

    2002 March 14 – Kitsap County Sheriff’s Office, K02-004397. ID# LW 148723. Mentioned.

    2002 May 9 – Kitsap County Sheriff’s Office, K02-007543. ID# LW 156902 Reporting – Miscellaneous

    2002 June 13 – Case Y2-002436, Kitsap District Court. Against Walter Fitzpatrick by Roy Lee Anderson (Roy Lee Anderson was a Port of Tracyton Commissioner)

    2002 June 14 – Fitzpatrick demands sheriff’s deputies remove a fellow commissioner (Steve Hoffman) due to Fitzpatrick’s claim the man in question is no longer a port commissioner.

    2002 June 18 – Case Y2-002469, Kitsap District Court. Against Commissioner Steve Hoffman by Walter Fitzpatrick

    2002 July 1 – A temporary restraining order is granted to Fitzpatrick against Steve Hoffman due to claims by Fitzpatrick that Hoffman threatened him.

    2002 October 11 – Kitsap County Sheriff’s Office, K02-016254. ID# LW 178929 Victim – Violation of Civil Anti-harassment Order

    2002 December 16 – Kitsap County Sheriff’s Office, K02-019706 ID# LW 188010 Reporting Party – Harassment

    2003 January 31 – Port Orchard Police Department, D03-000237 ID# LW 197605 Suspect – Harassment

    2003 April 22 – Walter Fitzpatrick sends a letter to Washington Attorney General Christine Gregoire asking that the Port of Tracyton be dissolved.

    2003 May 8 – Kitsap County Commissioner Patty Lent schedules a special meeting to appoint a second Port of Tracyton commissioner. Fitzpatrick threatens legal action if this action is taken.

    2003 May to July – Gary Keenan is appointed as a interim port commissioner.

    2006 June 17 – Kitsap County Sheriff’s Office, K03-008735 ID# LW 230396 Offender – Harassment

    2003 July 11 – The Port of Tracyton has problems with finding a quorum. Fitzpatrick sees his 600-page allegation of criminality against other public officials thrown out of court due to lack of evidence. Fitzpatrick at this time is board chairman, and has claimed to have canceled all port meetings for the rest of the year. There are calls for Fitzpatrick’s removal.

    2003 July 16 – Fitzpatrick is warned that he will be dropped as a commissioner if he fails to attend any more meetings.

    2003 July 30 – Kitsap County Sheriff’s Office, K03-011066 ID# LW 240719 Reporting Party – Civil Dispute

    2003 August 16 – Fitzpatrick is removed as a commissioner, and attempts to disrupt the next meeting of the port commission. Pat Wright is appointed to take his place.

    2003 September 4 – Kitsap County Sheriff’s Office, K03-012975 ID# LW 249207 Offender – K03-012975

    2003 September 5 – Fitzpatrick is escorted from a Port of Tracyton meeting by sheriff’s deputies, to applause from the 20 residents attending.

    2003 September 16 – Kitsap County Sheriff’s Office, K03-013600 ID# LW 252123 Mentioned in Suspicious Incident / Investigation

    2003 October 10 – Bremerton Police Department, B03-009688 ID# LW 258131 Offender – Unwanted Subject

    2003 October 14 – Case Y3-003962, Kitsap District Court. By Cheryl Fitz Williams (Staffer to Rep. Norm Dicks, D – Washington’s 6th congressional district), against Walter Fitzpatrick.

    2003 October 14 – Case Y3-003969, Kitsap District Court. By Paula Blake (Staffer to Rep. Norm Dicks, D – Washington’s 6th congressional district), against Walter Fitzpatrick.

    2003 October 27 – A one-year restraining against Fitzpatrick is obtained by Cheryl Fitz Williams and Paula Blake.

    2003 October 31 – Reports are the Port of Tracyton are back on track following the removal of Walter Fitzpatrick. There are also reports that Fitzpatrick’s address changes and his phone is disconnected around this time.

    2004 January 30 – Kitsap County Sheriff’s Office, K04-001313 ID# LW 286222 Offender – Theft 1

    2004 March 11 – Fitzpatrick is cited in an article about a damaged nuclear missle at the Bangor (WA) Sub base.

    2004 April 26 – Bremerton Police Department, B04-003919 ID# LW 308380 Offender – Violation of Restraining Order

    2004 June 2 – Case 10388406, Kitsap District Court. Defendant is Walter Fitzpatrick

    2004 July 27 – Kitsap County Sheriff’s Office. ID# WA 40101. Violation of Civil Anti-harassment Order

    2004 August 29 – Kitsap County Sheriff’s Office, K04-011434 ID# LW 343270 Offender – Assault 4 – Domestic Violence

    2004 August 30 – Case 10388407, Kitsap District Court. Defendant is Walter Fitzpatrick

    2004 August 29 – Kitsap County Sheriff’s Office, K04-003738. ID# AR 50933. Arrest, Assault 4 – Domestic Violence

    2004 August 30 – Kitsap County Sheriff’s Office. ID# JM 200406132. Jail Booking

    2005 July 29 – Kitsap County Sheriff’s Office, K05-009064. ID# LW 425753 Offender – Criminal Tresspass 2

    2006 March 24 – Kitsap County Sheriff’s Office, K06-487443 ID# LW 487443 Reporting Party – K06-003615

  7. Plutodog says:
    October 27, 2010 at 7:06 am

    I suspect that Walt’s too busy running and hiding from the long arm of the law to be posting here. Izzat you, Rondeau?

  8. Reality Check says:
    October 27, 2010 at 7:31 am

    Thinkwell,

    What about “Nelson v State” ?

    “499 S.W.2d 956 (1972)
    Thomas P. NELSON, Appellant,
    v.
    STATE of Tennessee, Appellee.

    Court of Criminal Appeals of Tennessee.
    August 2, 1972.
    Certiorari Denied August 6, 1973.

    R. Jerry Beck, Kingsport, for appellant.

    David M. Pack, Atty. Gen., Charles W. Cherry, Asst. Atty. Gen., Nashville, for appellee.

    Certiorari Denied by Supreme Court August 6, 1973.

    JOHN D. TEMPLETON, Special Judge.

    OPINION

    Thomas P. Nelson complained in his petition for post conviction relief that he was denied due process of law when convicted of two felonies in Sullivan County and sent to the penitentiary because the foreman of the grand jury that indicted him had been in office six or eight years. The petition argues that this makes the foreman a professional juryman and his actions in connection with the indictments void. The Judge dismissed the petition without an evidentiary hearing and petitioner appealed.

    We find no authority holding and can think of no valid reason why a grand jury foreman appointed for two years under T.C.A. 40-1506 is disqualified to serve longer either by reappointment or holding over.

    We affirm the judgment.

    RUSSELL and OLIVER, JJ., concur.”

    Then there is Thompson v State in a more recent ruling in 2005 which says in part:

    “c. Grand Jury Foreman

    The Petitioner contends that Counsel was ineffective because he failed to investigate and determine whether the grand jury foreman was authorized to serve by law. Specifically, the Petitioner raises the issue because the grand jury foreman was the same person who voted to indict the Petitioner in a prior matter or matters. The post-conviction court stated:

    [The] Petitioner says that his original attorney was ineffective for not attacking the long tenure of the Grand Jury Foreman, Art Salyers. . . . The [P]etitioner, in his testimony, seems to have concluded that Art Salyers had served too long. . . Based upon the evidence presented at hearing, this issue is totally without merit.

    The Petitioner admits in his brief that this Court has previously decided that a grand jury foreperson may serve longer than the statutory term of two years. See Nelson v. State, 499 S.W.2d 956, 956 (Tenn. Crim. App. 1972) (holding “[w]e find no authority holding and can think of no valid reason why a grand jury foreman appointed for two years under [the statute] is disqualified to serve longer either by reappointment or holding over.”). Accordingly, we see no valid argument that the grand jury foreman was improperly authorized or that Counsel was ineffective. This issue is without merit.”

  9. thorswitch says:
    October 27, 2010 at 7:56 am

    @thinkwell

    Terms for Grand Jury foremen work exactly like terms for, say, Congressmen elected to the US House of Representatives. A Congressman is elected to a 2-year term, but is not limited to a single 2-year term. He or she is able to serve as many terms as the voters allow. Likewise, a Grand Jury foreman is appointed for a 2 year term (not one, as you stated,) but there is nothing in the law that prevents them from being reappointed to the Grand Jury as many times as the court is willing to appoint them. In fact, there have been other cases in Tennessee where this very issue has been raised and the courts have consistently held that there is no limit to the number of terms any given person can serve – either consecutively or intermittently.

    You had asked Stern if he was ok with Mr. Petteway serving for 20+ years, and while I can’t speak for him, I will answer for myself. Because the foreman’s job is primarily procedural rather than investigative, and having someone who has experience running the Grand Jury can be a great benefit in helping ensure that cases are handled properly and promptly, I see absolutely nothing wrong with it.

    From what I understand, this has been explained to Mr. Fitzpatrick by the courts, but he is either incapable or unwilling to understand that regardless of how much he wants to be that a Grand Jury foreman can only serve a single term, he is quite simply wrong. I do truly hope, though, that he will come to his senses before he or someone else gets hurt – or worse – as a result of his misunderstanding.

  10. BigGuy says:
    October 27, 2010 at 8:57 am

    @thinkwell — your assertion that Gary Pettway’s grand jury service is “prohibited by law” is sadly reminiscent of Mr. Fitzpatrick’s arrogant and delusional thinking. There is nothing in the law which, fairly read, could lead to that conclusion; and the courts have explicitly ruled that Fitzpatrick’s argument has no merit.

    Yet you, like he, insist that your version of the law should stand paramount, regardless of the repeated holdings of competent legal authority. Of course you are free to believe what you like. But Fitzpatrick has given action to his beliefs, which is why he is now the target of criminal prosecution.

  11. BigGuy says:
    October 27, 2010 at 10:14 am

    According to http://www.vinelink.com, Walt is in custody. (Click on Tennessee on the map and enter his first and last names.) But there is no arrest date or other information given, so we are looking for confirmation from other sources.

  12. BigGuy says:
    October 27, 2010 at 10:35 am

    …and there is now confirmation. P&E (http://www.thepostemail.com/2010/10/27/fbi-investigation-open-fitzpatrick-arrested/) now reports the arrest, saying ‘We spoke with Mr. Fitzpatrick’s landlady, who said that she could confirm that Fitzpatrick had been arrested this morning after what she described as a “physical struggle.”’

  13. Tarrant says:
    October 27, 2010 at 1:42 pm

    Someone might want to let Mr. Fitzpatrick know – both Bill Clinton and George W. Bush served EIGHT YEARS as President despite the Constitution clearly setting the term length at four. Hang them! Arrest them! Why did nobody do anything about this miscarriage of justice? Only Walter Fitzpatrick must be brave enough to take on this flaunting of American law.

  14. thinkwell says:
    November 6, 2010 at 9:06 pm

    Sterngard Friegen,

    I see you got kicked out of the chat room of the web radio show about Lt. Cmdr. Fitzpatrick. You were being rude and making a poor showing for those of your beliefs, but I do NOT think that was at all reason to ban you. Let your own words convict you in the public record, I say. I don’t agree with your views, but I defend your right to express them. That said, you are a complete jackass, in my opinion.

  15. Sterngard Friegen says:
    November 8, 2010 at 3:18 pm

    @thinkwell – It’s not rude to tell people they are wrong, and worse. But it’s cowardly to refuse to listen to others.

    On the other hand, thanks for defending my right to express my views. It’s so brave of you. Especially here. As you pointed out in your last post before the most recent, look what happened to LCDR Fitzpatrick for being “rude and difficult.” He was cuffed and stuffed. And will be serving a prison term. While all that happened to me was that I got bounced out of some lunatic right wing chat.

  16. thinkwell says:
    November 8, 2010 at 10:35 pm

    Hello SF,

    I believe in free speech rights regardless of how much that speech may offend me personally. It saddens and angers me to see your views squelched, even if on a private forum, and especially when the squelching is being done by those with whom I otherwise generally agree. That stated, my opinion of you remains steadfast (you are a jackass whom I would avoid like the plague in private life).

    Fitzpatrick has a questionable and troubling record of seeming to have ended up on the wrong side of the law in the past, but he does not strike me as one who would ever knowingly tell a lie. He seems to be a very principled man who is very stubborn in his beliefs to the point of perhaps being blinded to clearer views of reality in some cases. But his past is completely irrelevant to the outrageous criminal thuggery going on in Monroe County, Tennessee. You are lower than pond scum for supporting the unjust mistreatment that he is being subjected to just because you happen to disagree with his political views. Anyone who had any belief at all in the rule of law at all would be ashamed of themselves for behavior and views such as yours.

  17. Relity Check says:
    November 9, 2010 at 8:43 am

    thinkwell

    You seem to be spending a lot of time trying to rationalize the behavior of someone who is delusional, dangerous, and has a record of violent and criminal behavior. You statement about the “outrageous criminal thuggery going on in Monroe County, Tennessee” is not supported by anything other than the accounts of the same delusional person. The officers were attempting arrest Fitzpatrick in the least dangerous manner for all involved including Fitzpatrick himself by waiting until he was in his car and pulling him over in a traffic stop. By his own admission he panicked, ran, and then resisted arrest. Nothing indicates that undo force was employed. Fitzpatrick had already blogged that he would not be cooperative when the sheriff’s deputies came. You can bet they they were are of that. You may think that Fitzpatrick is just a little over zealous in his political beliefs but how does one making the arrest tell a “zealous patriot” from a delusional, dangerous, kook?

    Fitzpatrick’s whining about his jail conditions is what I would expect to hear from 99% of the inmates. So jail is unpleasant? Wow, what a complete shock. I think that is why rational people try to avoid it. If what is happening in Monroe County is thuggery then it is happening in every city in America on a daily basis.

  18. nc1 says:
    November 9, 2010 at 9:12 am

    Obama’s birth certificate contains a factual error: The registration number 10645 is not compatible with the Date Filed (August 8, 1961).

    How do we know it – by comparison with a legitimate LONG form birth certificate from Hawaii. Honolulu Advertiser has published such documents for Nordyke twins. They were born at the Kapiolani Hospital on August 5, 1961 one day after Obama’s birth.

    Interesting thing about Nordyke certificates is the fact that they were signed by the physician at Kapiolani and processed at Hawaii DoH (assigned numbers 10637 and 10638) on the same day (August 11, 1961).

    Kapiolani sent their birth registrations to DoH on a weekly basis. Obama’s birth certificate should have been sent to DoH at the same time as other certificates for that week (on August 11).

    Obama’s registration number is higher than Nordykes’, therefore it could not have been assigned prior to August 11, yet the Date Filed on the document shown by Fact Check says August 8.

    It is impossible that Obama’s birth certificate originated at Kapiolani. If it did, the Date Filed field would have shown the date August 11, 1961.

  19. Reality Check says:
    November 9, 2010 at 10:33 am

    nc1

    You made a whole bunch of assumptions there my friend. First, you are comparing “date filed”, August 8, on the Obama birth certificate with “date accepted”, August 11, on the Nordyke certificates. Mrs. Nordyke signed both on of them on August 7 so we know that the certificates existed on August 7. The Nordyke certificates do not have a “date filed” on the certificate. This may have come from registry at the DOH when the numbers were assigned. We also know that Mrs. Nordyke said she was admitted to the hospital before Stanley Ann Dunham but she was in labor longer with the twins by almost a day. This may have meant her paperwork was placed ahead of Dunham’s in the cue from the hospital.

    Remember that these were all processed in the days before computers. The stack of birth documentation could have been ordered in various ways by the hospital including random order. We do not know specifically how they were handled at the DOH. Stanley Dunham may not have been available to sign the certificate until August 8. We just do not know. We do know that there was a same day account by Mrs. Barbara Nelson who knew both Stanley Dunham and Dr. Rodney West at Kapi’olani. The fact that the certificate numbers are so close together is actually supportive and not dismissive of the births all occurring the same weekend at the same hospital. A reasonable person would conclude that.

    Of course, there is the obvious fact that both the Director of the Department of Health and the Governor of Hawaii have attested to the fact that the FactCheck COLB is accurate in every way. That would be good enough for any court. It will never satisfy people who want desperately not to believe.

  20. nolu chan says:
    November 9, 2010 at 12:16 pm

    [Thinkwell] Gary Peltway (name may be wrong) has apparently been serving on a Grand Jury in Monroe county TN continuously for over twenty years. Are you okay with that (even though it is prohibited by law – one year is the max legal term)? Please do tell.

    This argument of Fitzpatrick has no merit.

    ELIGIBILITY TO BE GRAND JURY FOREPERSON

    See Tenn. R. Crim. P. 6(g)(2): “The foreperson shall possess all the qualifications of a juror.”

    For qualifications of a juror see TCA 22-1-101: “Every person eighteen (18) years of age, being a citizen of the United States, and a resident of the state of Tennessee, and of the county in which the person may be summoned for jury service for a period of twelve (12) months next preceding the date of such summons, is legally qualified to act as a grand or petit juror, if not otherwise incompetent under the express provisions of the code.”

    For who is incompetent see TCA 22-1-102: “The following persons are incompetent to act as jurors: (1) Persons convicted of a felony or any other infamous offense in a court of competent jurisdiction; or (2) Persons convicted of perjury or subornation of perjury.”

    TCA 22-2-314 provides “A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service.” (This is what Fitzpatrick relied upon, in error.)

    Tenn. R. Crim. P. 6(a)(1): “On the first day of each term of court at which a grand jury is required to be impaneled, the judge of the court authorized by law to charge the grand jury and to receive its report shall direct the names of all the qualified jurors in attendance for the criminal courts of the county to be written on separate slips of paper and placed in a box or other sitable receptacle and drawn out by the judge in open 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.”

    The foreperson is appointed by the judge. The other twelve qualified jurors whose names are drawn join the foreperson to constitute the grand jury.

    Gary Pettway appears to be legally qualified to act as a grand or petit juror” and “not otherwise incompetent under the express provisions of the code.” Nor does he appear summoned to serve.

    There appears to be no legal reason he cannot serve as foreperson for consecutive terms. The courts have so held, with the U.S. Supreme Court asserting it as a given fact.

    A provision that makes a qualified person eligible to be temporarily exempt or excused from being summoned to service does not make that person disqualified from service. Unless one were legally qualified, an exemption would not be applicable. TCA 22-1-101, quoted supra, establishes who is legally qualified, and TCA 22-1-102 states reasons for being held incompetent. Serving on a jury does not render one incompetent to serve on a jury. The person remains a qualified juror.

    The U.S. Supreme Court in Rose v. Mitchell, 443 U.S. 545 (1979) quoted a Tennessee judge’s affidavit, “I don’t appoint Grand Jury Foreman very often, because, when their two-year term expires, I usually reappoint them; thus, they serve a long time, and the problem doesn’t come up very often.” And, the U.S. Supreme Court observed, “Given the fact that any foreman was not limited in the number of 2-year terms he could serve, and given the inclination on the part of the judge to reappoint, it is likely that, during the period in question, only a few persons in actual number served as foremen of the grand jury.”

    In Teague v State, CCA Tenn, 529 SW 2d 734 (1975), the Tennessee Court stated, “Each of the defendant’s Assignments complaining about … the long uninterrupted tenure of the grand jury foreman were raised by the same attorney, and were sufficiently answered and rejected by this Court in the case of Edna Stubblefield v. State (appealed from the same trial court) in an unpublished opinion written by Judge Dwyer and filed at Jackson on 30 October 1973, in which the Supreme Court of Tennessee denied certiorari on 21 January 1974. See also: Nelson v. State, 499 S.W.2d 956 (Tenn.Cr.App. 1972) concerning grand jury foremen being reappointed and remaining in office.”

    In Nelson v State, CCA Tenn, 499 SW 2d 956 (1972), the Tennessee court stated, “Thomas P. Nelson complained in his petition for post conviction relief that he was denied due process of law when convicted of two felonies in Sullivan County and sent to the penitentiary because the foreman of the grand jury that indicted him had been in office six or eight years. The petition argues that this makes the foreman a professional juryman and his actions in connection with the indictments void. The Judge dismissed the petition without an evidentiary hearing and petitioner appealed. We find no authority holding and can think of no valid reason why a grand jury foreman appointed for two years under T.C.A. 40-1506 is disqualified to serve longer either by reappointment or holding over.”

    In Thompson v State, CCA Tenn, E2004-00920-CCA-R3-PC (2005), the Tennessee court stated, “The Petitioner admits in his brief that this Court has previously decided that a grand jury foreperson may serve longer than the statutory term of two years. See Nelson v. State, 499 S.W.2d 956, 956 (Tenn. Crim. App. 1972) (holding “[w]e find no authority holding and can think of no valid reason why a grand jury foreman appointed for two years under [the statute] is disqualified to serve longer either by reappointment or holding over.”). Accordingly, we see no valid argument that the grand jury foreman was improperly authorized or that Counsel was ineffective. This issue is without merit.”

    In the United States Court of Appeals, U.S. v Mario Perez-Herandez, 11th Cir., 672 F.2d 1380 (1980), Circuit Judge Morgan, specially concurring, stated: “the only similarity between a Tennessee and a federal grand jury foreman is the name of the position. … Thus, this is a case of apples and oranges. The position of grand jury foreman in the Tennessee system is an independently significant role in the administration of justice in that state, while the same position in the federal system is not.”

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