Article of Amendment V of the Bill of Rights gives grand juries the power of Presentment.  In a Presentment, the grand jury independently brings charges, usually against corrupt government officials.

Bill Windsor spent the afternoon of March 28, 2011 at the Fulton County Courthouse trying to get the Fulton County Georgia Grand Jury to consider criminal charges against 14 Atlanta federal judges.

The Grand Jury has been presented with the facts regarding judicial corruption and criminal acts by federal judges with the United States District Court for the Northern District of Georgia and the United States Court of Appeals for the Eleventh Circuit.

Now the effort is to get the necessary elected official to sign the petition.  That meeting is tomorrow…

 

 Update on April 6, 2011

I met with Harry Geisinger on Tuesday, April 5, 2011.  We spent an hour discussing the corruption in the federal courts in Atlanta.  I presented Harry with the Petition that I am asking him to sign.  He seems willing to sign it, but he wants to check with the Chairman of the Georgia House Judiciary Committee first.  he promised me an answer in a week.

Harry Geisinger is just one Fulton County elected official.  There are many more that I can approach, but Harry is the only one I know.

Update on April 4, 2011

I spoke with Georgia State Representative Harry Geisinger today.  Harry is a former candidate for governor.  I met him eight years or so ago when he was campaigning door-to-door, and I had his signs in my yard for the last two elections.  Harry responded to my email and call today, and he has set an appointment with me tomorrow to review my petition for a special grand jury.  If Harry signs it, it goes immediately to the Chief Judge of the Fulton County Superior Court.  It is then up to a vote of the Superior Court judges, and if a majority votes to impanel a Special Grand Jury, I believe federal judges will be indicted, and our effort will become MAJOR NEWS!

Update on March 31, 2011

After Assistant District Attorney Rebecca Keel did not show for our meeting and did not respond to several voice mail messages and faxes, I received a call today from Waverly Settles of the DA’s Office.  Mr. Settles referred me to Georgia Code:

O.C.G.A. 15-12-100 (2010)
15-12-100. Procedure for impaneling special grand jury; number of jurors; foreman; powers of jury

(a) The chief judge of the superior court of any county to which this part applies, on his own motion or on petition of any elected public official of the county or of a municipality lying wholly or partially within the county, may request the judges of the superior court of the county to impanel a special grand jury for the purpose of investigating any alleged violation of the laws of this state or any other matter subject to investigation by grand juries as provided by law.

(b) The chief judge of the superior court of the county shall submit the question of impaneling a special grand jury to the judges of the superior court of the county and, if a majority of the total number of the judges vote in favor of impaneling a special grand jury, the members of a special grand jury shall be drawn in the manner prescribed by Code Section 15-12-62. Any special grand jury shall consist of not less than 16 nor more than 23 persons. The foreman of any special grand jury shall be selected in the manner prescribed by Code Section 15-12-67.

(c) While conducting any investigation authorized by this part, investigative grand juries may compel evidence and subpoena witnesses; may inspect records, documents, correspondence, and books of any department, agency, board, bureau, commission, institution, or authority of the state or any of its political subdivisions; and may require the production of records, documents, correspondence, and books of any person, firm, or corporation which relate directly or indirectly to the subject of the investigation being conducted by the investigative grand jury.

This means that when I get any elected public official from the county to petition the Chief Judge, every county judge will have to review the charges and vote.  So, I am off to get some honest county elected official to submit my petition.  Even if the judges refuse to do it, we will at least add another big list of dishonest judges to our list.  But maybe, just maybe, they will do the right thing.

I still plan to be at the District Attorney’s Office every day until I put my information in the hands of every sitting gand juror, because they have the power to do this on their own.  I will take 50 copies of my letter to the Grand Jury with me, and I will hand it to everyone entering and leaving the office.  I will know when the Grand Jury is in session, because the Grand Jury Room is visible directly behind the receptionist.

Now, this is great news not just for me, but anyone in Georgia.  Anyone in Georgia can do this.  It’s the law.

It may also be great news for everyone in the 13 states that have county grand juries.

In the U.S., the states of Arizona, California, Georgia, Kentucky, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, Nevada, North Carolina, New Jersey and Oregon have grand juries at the county level.

County grand juries develop areas to examine by two avenues: juror interests, and public complaints. Complaints filed by the public are kept confidential. The protection of whistleblowers is one of the primary reasons for the confidential nature of the grand jury’s work.

Every state uses grand juries for at least something, so everyone with a corruption issue should investigate your state laws.

The Original Story:

I did find one honest government official on March 28, 2011 – Lyn Vaughn of Fulton County.  Ms. Vaughn helped me, made introductions to the right people, and spoke to the DA Office first-line-of-defense, receptionist Naomi, and arranged a meeting for me on March 29, 2011 with Assistant District Attorney, Rebecca Keel.  This will be the first time that any government official has agreed to meet with me.  The goal of my meeting is for ADA Keel to allow me to present information to the grand jury about crimes committed in Fulton County by federal judges, one attorney, and three witnesses.  If I can get before a jury of citizens, I am absolutely confident that they will be outraged and will issue Presentments.

The first question to be answered tomorrow is whether ADA Keel is honest, or will she aid in the cover-up of the actions of these corrupt judges.  I’ll update this story tomorrow.

 
Grand Juries

Assistant U.S. attorney and former associate Independent Counsel Miquel Rodriguez was once asked if the members of a grand jury would be able to protect the public from corrupt officials, he replied, “They’re all you’ve got.” Rodriguez advised, “Empowering the grand jury, [by] letting them know what they can demand, what they should be wary of, what their independent subpoena powers are, whether they have the authority to ask questions on their own in the grand jury. The real check and balance is the grand jury, the common person, selected at random.”

Although the power of the grand jury in the United States has been diminished, it is still a powerful tool available to the citizens. Grand jurors can issue subpoenas and question witnesses and they may pursue an investigation anywhere it leads. Grand jurors can even subpoena and question federal prosecutors. They can write a report and ask the judge to make the report public. Grand jurors still have the power to refuse to indict citizens.

Power of Presentment

Article V of the Bill of Rights says in part as follows: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . .”

“A presentment, properly speaking, is an accusation, made by a grand jury of its own mere motion, of an offence upon its own observation and knowledge, or upon evidence before it, and without any bill of indictment laid before it at the suit of the government.” 

We’ve all heard about grand juries returning indictments.  That’s when a government attorney presents evidence to a grand jury, and the grand jury decides if there is enough evidence for criminal charges to be pursued.  With a Presentment, the Grand Jury brings the charges.  The idea behind Presentments was that the citizens could keep government honest. 

Well, that hasn’t happened!  The power of Presentment has been all but lost because grand juries are controlled by the government establishment.  Grand jurors probably do not even realize they have this power.  One of the key initiatives of our effort to minimize corruptionn and bring honesty back to government is to ensure that every grand jury exercises the power of Presentment when appropriate.

BUT the grand jury in Fulton County has exercised the power of Presentment in recent years, so it is firmly established as the law in Fulton County and Georgia.

With a presentment, the charges originate in the grand jury.  The grand jury discovers an offense on its own.  It observes and collects evidence of the offense, and the government has nothing to do with it.  The grand jury is independent.  The court then prepares the indictment based on the presentment.

This is a way for the PEOPLE to address judicial corruption.  The government would normally try to block an effort such as this, but Fulton County has established this as precedent.  This is why my effort is so important.  If I can use the prior use of Presentment by the Fulton County Grand Jury to open the door to their review of the evidence against these judges, we could end up with a precedent that will strike a huge blow for justice in Georgia and perhaps elsewhere.

I am going in now with only my own issues, but if I am successful, James Stedman, Janet McDonald, Jeff Goolsby, and others who have experienced the same corruption in Fulton County will be able to pursue this as well.

I am asking that the Grand Jury indict Judge Orinda D. Evans for the following crimes:

RICO; Theft by Deception — O.C.G.A. 16-8-3; False Statements to State – Violation of O.C.G.A. 16-10-20; Tampering with Evidence – O.C.G.A. 16-10-94; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States — 18 U.S.C. § 371; Obstruction of Justice and Witness Tampering — 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93; Witness Tampering – Violation of O.C.G.A. 16-10-93.

I am asking that the Grand Jury indict Judge William S. Duffey, Jr. for the following crimes:

RICO; Tampering with Evidence – O.C.G.A. 16-10-94; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States — 18 U.S.C. § 371; Obstruction of Justice and Witness Tampering — 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93; Witness Tampering – Violation of O.C.G.A. 16-10-93.   

I am asking that the Grand Jury indict Judge Joel F. Dubina, Judge Rosemary Barkett, Judge Edward Earl Carnes, Judge James Larry Edmondson, Judge Frank M. Hull, Judge Stanley Marcus, Judge William H. Pryor, Jr., Judge Gerald Bard Tjoflat, Judge Beverly B. Martin, Judge Susan H. Black, and Judge Charles R. Wilson of the Eleventh Circuit for the following crimes:

RICO; Theft by Deception — O.C.G.A. 16-8-3; Mail Fraud – Violation of 18 U.S.C. § 1341; False Swearing – Making False Statements – Violation of 18 U.S.C. § 1001; Perjury – Violation of 18 U.S.C. § 1621, 18 U.S.C. § 1623, AND O.C.G.A. 16-10-70; Conspiracy to Defraud United States — 18 U.S.C. § 371; Obstruction of Justice — 18 U.S.C. § 1503; Subornation of Perjury – Violation of 18 USC § 1622, O.C.G.A. 16-10-72, and O.C.G.A. 16-10-93.

Proof of these crimes is detailed in the Dockets in Civil Action 1:06-CV-0714-ODE, 1:09-CV-01543-WSD, and 1:09-CV-02027-WSD, and in Supreme Court Actions Nos. 10-411, 10-632, 10-633, and 10-690.

Fulton County Grand Jury Letter

Citizen Grand Juries

There have been a number of efforts to create “citizen grand juries.”  The idea of being able to form a grand jury to address government wrongs is great, but currently, the establishment ignores anything that a citizens’ grand jury does.  I believe we need to get the crooked people out, honest people in, and then get real grand juries operating properly.  I believe anyone thinking about getting involved in the citizen grand jury efforts should think again.  Spend your time on something that can work.  Getting corrupt and dishonest government officials to pay attention to a grand jury manufactured by a biased group of citizens will never happen.  There has never been anything to come out of a citizen grand jutry.

Also be wary of activist websites that ask you to pay money or donate.

NOTE THIS:  This Grand Jury Demand provided by Paul Andrew Mitchell.  And 1215.0rg’s Plan.  And here is a federal case precedent courtesy of Paul Andrew Mitchell — In Re: Grand Jury Application.

More Information on Grand Juries 

Citizens have the power to fight court corruption

Opening the Grand Jury

Six states allow petitions to impanel grand juries

Petition supports citizen grand juries

Check the links for your state’s laws on Special Grand Juries

William M. Windsor

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