Friday, August 22, 2014

#2078: Marine Links Con Air Sister Forfeiture Fund to 10th Judicial District's spot-fixed Fitzpatrick Guilt

Plum City – (AbelDanger.net):  United States Marine Field McConnell has linked his sister Kristine 'Con Air' Marcy – the co-custodian of the U.S. Department of Justice Asset Forfeiture Fund since 1984 – to bribes allegedly paid to jurors in Monroe and McMinn Counties in the Tenth Judicial District of Tennessee and the spot-fixed finding of guilt of CDR Walter Francis Fitzpatrick, III (Ret.) after he had been charged with "extortion" and "aggravated perjury".


Policing for Profit in Tennessee (Cops Robbing Citizens)



"Blackwood: "Who Cares If the Grand Jury Foreman is Serving Illegally?"
Posted By Sharon Rondeau On Tuesday, August 19, 2014 @ 3:15 PM In National | 
"SO WHAT?" by Sharon Rondeau

Lt. Col. Field McConnell, USMC (Ret.) is currently in a filming session with filmmaker William F. Fain about the sentencing hearing for CDR Walter Francis Fitzpatrick, III (Ret.), who was sentenced to three years in jail by Judge Jon Kerry Blackwood on Tuesday morning.  Photo credit:  William F. Fain
(Aug. 19, 2014) — During the sentencing hearing for CDR Walter Francis Fitzpatrick, III (Ret.) at the McMinn County courthouse on Tuesday morning, Senior Judge Jon Kerry Blackwood reportedly excoriated Fitzpatrick for attempting to submit evidence of criminal wrongdoing on the part of government officials to the grand jury in March.

Fitzpatrick was arrested on March 18 while waiting on a bench outside the courtroom to see if his petition to the grand jury would be heard and he were required to testify.  Judge Amy Reedy, who was not re-elected on August 7, quickly appointed a new grand jury foreman, Thomas Balkom, just minutes before Fitzpatrick was arrested after the grand jury reportedly found evidence of crimes Fitzpatrick committed.

At the trial, no evidence, police report, criminal complaint, or specifics about the alleged crimes were presented.  Former grand jury foreman Jeffrey Cunningham said under oath that he had not accused Fitzpatrick of a crime, although previously, he had said that he was the victim of Fitzpatrick's actions.

The jury convicted Fitzpatrick of extortion and aggravated perjury, despite no proof of Fitzpatrick having stated anything untruthful in his numerous petitions to the grand jury over the course of several months.  Tennessee law states that any citizen may bring evidence of wrongdoing to the grand jury for its review.

In a pre-sentencing report made public on August 11, investigator Judith Hilton-Coffman stated that "there was no victim" in the case.

In the fall of 2009, Fitzpatrick discovered that grand jury foremen serve repeated terms, having been hand-picked by the criminal court judge.  In early 2011, Monroe County court clerk Martha M. Cook told a local newspaper that the judge selects the foreman "from wherever they choose."

Local media has not reported on the constitutional violations carried out against the community's citizens daily.

Monroe, McMinn, Polk and Bradley Counties comprise the Tenth Judicial District of Tennessee, which is known for its police brutality, prosecutorial misconduct, rigged juries, dictatorial judges and inordinately high percentage of its citizens on court-ordered probation, parole or drug rehabilitation.

Blackwood reportedly took verbal aim at Fitzpatrick in a very person way, obviously upset that Fitzpatrick had continued to blow the whistle on the judicial corruption which has preyed on the citizens of Tennessee for decades and deprived them of their constitutional and civil rights.

Eyewitness reports on Tuesday say that Blackwood banged his fist on the bench repeatedly while exclaiming, "Who cares if the grand jury foreman is serving illegally?  So what?"

Tennessee law states that jurors must be chosen by automated means.

Another eyewitness said that after Fitzpatrick was handcuffed and was escorted out of the courtroom, someone stood up and said, "Thanks, Walt," after which the 50 or so people in attendance stood up and clapped for "a good, long time."  "What that tells me is that the local folks there are realizing what's going on in East Tennessee.  They indicated they were tired of the corruption."

The same observer told us that "the judge's final sentencing statement was really, really sick."

The Post & Email will be a guest on The Manning Report at 3:20 p.m. EDT to discuss the sentencing. 

Lt. Col. Field McConnell, USMC (Ret.), who traveled from Wisconsin to Athens on Sunday to host a prayer breakfast and barbecue on Monday and accompany Fitzpatrick into the courtroom on Tuesday, was also invited by Manning but is currently being filmed by William F. Fain, who is making a professional video of the events of the last two days and will be producing a documentary on the judicial corruption which has again landed in Fitzpatrick in jail.

Fitzpatrick spent ten days in the McMinn County jail after his arrest on March 18 and was jailed six times in Monroe County on various trumped-up charges.

Donations are still needed for Fitzpatrick's Legal Defense Fund and for the production of the video and documentary, the latter of which can be made via Paypal to payments@thepostemail.com.

Two local news channels attended the sentencing and are expected to present reports on Tuesday.
© 2014, The Post & Email. All rights reserved".


Recent tales of asset forfeiture abuse in Tennessee sparked my curiosity as to how Tennessee law enforcement departments are handling (or mishandling) seized property. I am looking for credible accounts (relevant to asset forfeiture) of misappropriation of funds, stolen drugs, improper accounting, et cetera... I've concentrated my search on smaller departments with the thought that a couple of bad apples in Memphis do not (statistically) imply a great deal. However, I welcome any articles or reports contributors suggest. Blatant malfeasance in small departments strikes me as more descriptive of the problem and more supportive of the argument that permitting law enforcement to self-appropriate the fruits of seizures abrogates the power of the purse (castrating the electorate's power to compel responsive government).

Contact @ scott[at]forfeiturereform.com

Initial findings:
3rd Judicial District Drug Task Force: Pervasive accounting deficiencies.
4th Judicial District Drug Task Force: DTF agent indicted for two counts of theft of Drug Task Force funds after $5,700 goes missing.

10th Judicial District Drug Task Force: $4,500 shortage in evidence and confidential funds. A  In excess of $17,000 in 10th Judicial District DTF credit charges lacked adequate documentation including $6,800 with no documentation. Quality reporting from Judy Walton of the Times Free Press reveals that, between 2008 and 2010, 10th Judicial District DTF agents spent more than $100,000 of seizure proceeds on hotels, meals, mileage and airfare. Walton also reported that former "DTF Director Mike Hall's drug task force credit card was used to charge more than $50,000 between 2008 and 2010 on meals for himself, task force members and guests at local restaurants, as well as gifts, flowers and goodies for co-workers and office secretaries, credit card receipts show."

12th Judicial District Drug Task Force: Failed 42 U.S.C. § 1983 claim reveals that local DTF paid 20% 'referral fees' to at least one informant for seizures leading to DTF forfeiture proceeds as a bounty.

13th Judicial District Drug Task Force: An employee improperly charged personal expenses to Drug Task Force accounts resulting in a cash shortage of $10,000.

17th Judicial District Drug Task Force: At a motion to suppress hearing, U.S. District Judge Aleta Trauger notes: "Essentially, all of [17th Judicial District Interdiction Agent] Daugherty's traffic stops are pretextual attempts to find illegal drugs." [Incidentally, Daugherty was the 2008 national runnerup for interdiction officer of the year-based on numerical measure of of productivity.] Under oath, Daugherty admits that DTF funding is reliant on seizure revenues. When asked by defense counsel: '"Is it a fair statement that part of the reason that you were up by the Kentucky border at least 100 miles away from your four counties was the fact that it's better hunting grounds up there?" Daugherty agrees that the drug-related activity in that area is "better."" Judge suppresses Daugherty's testimony after noting that she finds his testimony unconvincing and speculates why Daugherty does not employ available equipment to document cause for stops.

23rd Judicial District Drug Task Force: Sloppy accounting and a missing $54,000 in seized currency. NewsChannel 5 Investigates reports that "that officers with the 23rd have been paid thousands of dollars in bonuses, some years higher than others." DA denies bonuses are tied to drug busts or amount of money officers seize. NewsChannel 5 Investigates presents evidence that motorists are being pulled over for fictitious traffic violations after the Dickson Police Chief, who serves as chairman of the board for the 23rd Judicial District DTF, claims: "Every time they stop somebody it is a legal traffic stop."

24th Judicial District Drug Task Force: Cash, guns, drugs, jewelry, and equipment under the control of the Drug Task Force were misused, stolen, and/or lost. Falsified records. Theft and smoking of crack cocaine stored in evidence, missing marijuana, etc. Drug Task Force Director at the time of the offenses "charged with one count of theft, one count of official misconduct and one count of knowingly giving a false statement to an auditor." DTF's Administrative Assistant charged several days later with "one count of theft and one count of knowingly giving a false statement to an auditor."

Crump Police Department: Multiple unauthorized removals of various seized drugs.
Dickson County Sheriff's Office: Missing drug money. Fraud. Forgery.
Etowah Police Department: Seized drugs, cash, and guns missing.
Gallaway Police Department: Missing guns, guns issued to non-law enforcement, allegations of duplicate pay for police chief.
Hamblen County Sheriff's Office: Sheriff's Office employees alleged misconduct results in $14,000 cash shortage from missing commissary funds and use of an unofficial receipt book.
Hawkins County Sheriff's Office: Deputy initially "arrested and charged with one count of burglary, one count of theft and one count of tampering with evidence" after narcotics go missing from the evidence room. Charges grow to 68 counts.
Henry County Sheriff's Office: Sheriff and sheriff's office business manager indicted after audit finds $162,000 shortage and falsified records, mail fraud, conspiracy, etc.
Lauderdale County Sheriff's Office: "A Lauderdale County deputy sheriff repeatedly spent undercover funds for unauthorized purposes and falsified documents to cover his tracks, a report by the Comptroller's Division of County Audit has found."
McMinn County Sheriff's Office: Deputy indicted for one count of official oppression. Deputy accused of stealing prescription drugs from motorists.
Monterey Police Department: Guns and some $30,000 gso missing. Former police chief pleads guilty to theft. Allegations that the current police chief diverted asset forfeiture funds to pay for the use of a bulldozer leads local District Attorney to call for an investigation.
Sequatchie County Sheriff's Office: Missing commissary funds and missing cash taken from inmates at processing.
Trenton Police Department: $73,000 in cash goes missing from police department. Police chief and his secretary are purportedly the only individuals with access. Town officials have no explanations.
Unicoi County Sheriff's Office: Sheriff  indicted on multiple felony charges including "six counts official misconduct, one count of theft over $1,000, one count of tampering with evidence, one count of criminal simulation and one count of attempted aggravated assault."
Wayne County Sheriff's Office: Sheriff's office sells vehicles for cash. Cash never recorded. Cash goes missing.
Wilson County Sheriff's Office: Former Lieutenant accused of, among other things, falsely claiming to witness a drug deal between two men, holding the men at gunpoint, falsely arresting them and seizing their vehicles and cash, forging documents in an attempt to claim ownership of (several) other vehicles seized by the sheriff's office, checking out unknown amounts of marijuana from the Wilson County Sheriff's Office evidence room and arranging for its sale at personal gain, selling confidential information to the target of a drug investigation, burglarizing the residence of his former girlfriend to give the stolen items to his wife as gifts, and attempting to poison his wife. Bunch of other stuff gone too-including disappeared cocaine.
Whitwell Police Department: former police chief and former city recorder arrested for theft."

"MONROE COUNTY SHERIFF'S
SHARED ASSET FORFEITURE FUND · 2014 GRANT APPLICATION
November 2013

The Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999  funded by Sheriff Richard D. Roth with proceeds of a major drug smuggling and  money-laundering investigation, the interest earned from these funds is distributed annually in the form of grants to eligible community groups. 

The SAFF Advisory Board consists of seven community members. Five are appointed by the County Commissioners and the Sheriff selects two. Each year, the SAFF Advisory Board solicits and reviews grant applications and makes funding recommendations to the Monroe County Board of County Commissioners (BOCC).

$90,000.00 is available for award in 2014. The Advisory Board has determined to focus its efforts and issue award recommendations based on the following criteria:

1. No individual grant will exceed $10,000.00

2. Grant program purposes should be limited to:
• Crime prevention• Drug abuse prevention• Mental and physical health care for minors and adults

During this 2014 grant cycle, cultural, artistic, and sports programs are not likely to receive favorable recommendation.

3. Grant proposals generating new matching funds will be given extra consideration.

4. Grant proposals for building improvements, real estate acquisition, or salaries for new positions will not be considered. The Advisory Board will consider multiple year funding requests on a limited case by case basis if the applicant can demonstrate that a multiple year commitment will leverage significant additional funding or develop continuing financial self sufficiency within the period of the grant.

Applications are available beginning November 1, 2013 and must be received by the Monroe County Sheriff's Office, Administrative Headquarters, 5525 College Road, Stock Island, Florida 33040 no later than Noon, FRIDAY, February 7, 2014. The SAFF Advisory Board will conduct a public meeting to evaluate proposals and make its recommendations to the County Commission. It is anticipated that recommendations for funding will be made to the Board of County Commissioners for consideration at the April 2014 BOCC meeting. 

[Redacted] 

The Advisory Board will consider multiple year funding requests on a limited case by case basis if the applicant can demonstrate that a multiple year commitment will leverage significant additional funding or develop continuing financial self sufficiency within the period of the grant.

First Page of the Application: (Limit one page, except as noted below):

Applicant Identification
Name of Organization: 
Address: 
Authorized Representative: (name & title) 
Contact Person: (Matters regarding this application) 
 Telephone: 
 Fax: 
 E-mail: 
Type of Organization: (Check One)
State, County or Local Government Department or Agency [ ]
Private, non-profit organization, pursuant to 26 U.S.C. 501( c )(3) or (4) [ ]
Title of Project: 
Type of request: Recurring funds (e.g., operational costs)
 Non-recurring funds (e.g., capital expenditures, one-time costs)
Amount of request: 

If your request is for multiple year funding, please check here and attach a separate page describing the future plan.

Will you be willing to submit to this Board a full account of what you are doing with these funds? Yes No

From what other groups have you requested funds and what was the result? Supply a separate page here if you like. It will not be counted as part of the total page count.

If your organization has a Board of Directors, please list their names and addresses or you must designate three or more individual residents of Monroe County to be responsible for the uses of the fund. Supply a separate page here if you like. 

This application addresses (please check all that apply):

Law Enforcement
Crime Prevention
Drug and Alcohol Abuse Prevention and Treatment
Mental and Physical Health of Minors and Adults
Cultural, Artistic, Educational, Recreational and Sports
 Programs for Monroe County Youth

Signature:______________________________ Date: _______________
Please note: Because Sunshine Laws of the State of Florida apply to these proceedings; any information in this application may be available to the public."

Yours sincerely,

Field McConnell, United States Naval Academy, 1971; Forensic Economist; 30 year airline and 22 year military pilot; 23,000 hours of safety; Tel: 715 307 8222

David Hawkins Tel: 604 542-0891 Forensic Economist; former leader of oil-well blow-out teams; now sponsors Grand Juries in CSI Crime and Safety Investigation

2 comments:

  1. The device is about 15 cm long. It appears to be metallic but will not warm to your hand like ordinary metal. It is approximately 5 meters from where you slept, covered by 2 layers. There is a slight depression at the distal end. Smear less than a drop of fresh saliva, blood or tears in the slight depression to automatically open communications. If prompted, give the code work for ARNASH.

    "Fair winds, following seas"

    ReplyDelete
  2. In the UK, jurors select their own foreman from amongst themselves on the day of the trial. There are still ways that juries can be rigged by corrupt establishment bribes and pre-selection but it makes local intervention more difficult.. Tennessee should adopt a similar procedure as what is currently happening is a systemic perversion of the course of justice. It is sad to see how the US has degenerated into its present lawless and greed obsessed state. In Michael Moore's documentary 'Capitalism: a love story' he describes the incarceration of children for corporate profit at the hands of corrupt judiciary. The judge in question ended up in jail. Time certain others were brought into line. No one is above the law not even judges and presidents.

    ReplyDelete

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