Judge Griffey frees Fiedler in 2nd iffy arrest over right to use scooter apart from privilege
24 days in jail in “FTA” trap is latest step in Paris, Tenn., police project to skip arrest warrants, abrogate travel rights, set up city taxpayers for multimillion dollar fall
Friday, Dec. 13, 2024 — A judge liberates right-to-travel activist Christopher Fiedler in a case showing persistent police abuse and due process mischief in a rural Tennessee town.
In a circuit court hearing this morning in Paris, two hours west of Nashville by auto, Judge Bruce Griffey relents to Mr. Fiedler’s state of poverty and releases him on his own recognizance after Mr. Fiedler’s 24 days in Henry County jail.
The circuit court jurist issued a capias (bench) warrant for Mr. Fiedler Nov. 18 and deputies serving Sheriff Jason Frey arrested him the next day. Mr. Fiedler was imprisoned in the human warehouse at 210 Forrest Heights Road, in Paris, in which, in an earlier abrogation of his ingress-egress or travel rights, Mr. Fiedler had occupied a bare concrete cell 34 days.
Does the judge believe his claim of having been at the courthouse that day, waiting to be called waiting in sessions court? “It’s almost like he didn’t believe me. The vibe I got was, ‘I’m in the wrong.’ You are charged with a 55-50-504, which is driving on suspended license, and that is an offense.’ *** And I said, there’s no victim in that. How could it be a crime?” Says Mr. Fiedler:
My property’s been stolen, I keep being repeatedly harassed by the same officer. I put ’em on a transportation notice, the chief, and I feel like it’s his responsibility to tell his department, ‘If you see this man driving around on a scooter that says ‘private,’ just leave him alone, as long as there’s no imminent danger and he’s not doing nothing wrong, or out of the ordinary, or strange, or shurting anybody or trampling on anybody else’s rights, leave him alone.’
That’s all I want is to be left alone. It’s repeating, repeating. This’ll be the 7th time for the exact same thing. They just keep changing the wording up.
Defect in notice, doubtful authority
A malignant policy is afoot in Henry County, which a past check indicates has many prisoners in the jail on “NO BOND.”
The notice to Mr. Fiedler (see nearby) cannot conceivably have force of law, nor put him on any docket, if it was given him prior to indictment by the grand jury. The grand jury is independent.
The “FTA” charge is made upon his absence in a venue to which he appears to have had no logal duty to visit on Nov. 18. In other words, authorites arrested him for not voluntarily attending a meeting to learn if he was uner indictment.
Travel rights abrogated
City police seized a 49cc scooter bought new for $799 and a 150cc scooter costing $1,400 because Mr. Fiedler, 49, was using them for comfort and necessity, or private purposes.
City police Lt. Michael Ramos, under color of “administering” federal transportation law through the state’s Title 55 motor vehicle law, seized the conveyances on charges of “operating” on a suspended license and “operating” without Tennessee revenue department registration tag.
A license is required to exercise the driving privilege (for hire). Registration and fees “shall constitute a privilege tax upon the operation of motor vehicles,” evidenced by the stamped metal plate. T.C.A. § 55-4-101.
Mr. Fiedler in an interview is asked if he uses scooters as instrumentalities of commerce. “No, no. Unless I need groceries, unless groceries count as commerce. I go to Wal-Mart to get some food.”
“I’m not an attorney, but that sounds more like convenience and necessity to me,” says Christopher Sapp, Eagle Radio Network midstate bureau chief, taking part in an interview.
Mr. Fiedler says he doesn’t run a taxi or chauffeuring service or deliver pizzas or other goods for hire. “Not at all,” he tells Eagle Radio Network. “Not at all. Not at all.”
Mr. Fiedler says he has a right to travel freely if he is not involved in the activity for which the state privilege is required, namely, use of the road for private profit and gain, in commerce, affecting the public interest.
Defective court notice — 24 days in cell
Emerging from an unmarked car, Mr. Fiedler is led “shackled head to toe” in ankle bonds, wrists locked to his waist, to Henry County circuit court, vacant but for a bailiff.
He is “partly uncuffed” and has is papers, primarily “a habeas corpus my wife had sent me*** demanding immediate release and pointing out the faults and the reasons why I should be released.”
Mr. Fiedler quotes the judge, “‘I called your name in the courtroom and you didn’t answer, and I had them say it, call your name outside the courtroom, and you didn’t answer, so you failed to show up.’ Well, I was in the courtroom that day, in the courthouse that day, but I was not on the general sessions docket, like I was instructed to be at the general sessions.”
Mr. Fiedler says he held it up the GS100 form, and the judge says, “I’ve already seen it.” The form directs Mr. Fiedler to be at sessions court.
Judge Griffey, “as far as I know,” had not received his petition for the writ of habeas corpus that Mr. Fiedler served the jail deputy Tharp on Dec. 9, he says. The word “habeas corpus” does not fall from Judge Griffey’s lips, Mr. Fiedler says.
Without doubt, the hearing is to set bond. A habeas corpus hearing, however, does much more. It demands the accusers “show cause” as to why the man is in jail. It appears Judge Griffey does not hold a habeas hearing.
Mr. Fiedler indicates an assistant DA in the room says nothing, though his is that office’s alleged cause.
“I said, ‘I was not properly notified’ and I told him, ‘I was instructed to come to general sessions but I was not on the docket.’” The judge said that by Mr. Fiedler’s “signing that piece of paper in general sessions, that was them telling me that it was already bound over,” that an indictment was effectively issued.
Here is the grave problem in Henry County becomes clear. The grand jury, an independent body, hadn’t yet met. It had issued no indictment when Mr. Fiedler was given the “show up on Nov. 18” form. So how can such a form, even with his signature, be compulsory?
How can Mr. Fiedler be arrested and jailed under a “NO BOND” order until Jan. 13 when no indictment is yet issued? And to arrest Mr. Fiedler for obeying a mere advisory notice? This case calls for Tennessee Supreme Court management oversight in administrative capacity or intervention for misdemeanors or malfeasance
Hesitant defendant
Mr. Fiedler, standing at his circuit court table, fearful, does not make a case for failure to give notice. “I’m just trying to get home,” he explains. “I’m just trying to get a bond at this point because I have ‘NO BOND’ on failure to appear.”
The Tennessee bill of rights forbids “NO BOND” orders except in cases of murder. The same provision indicates the writ of habeas corpus is sacrosanct.
That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. And the privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it.
Tenn. const. art. 1 § 15.
Judge Griffey asks questions pertinent to bond, initially sets it at F$1,500, “and I’m broke. It doesn’t matter it was 20 bucks. I couldn’t get out,” Mr. Fiedler says.
‘Own recognizance’ secures presence
Mr. Fiedler’s sole possessions, he says, are the two seized scooters. Mr. Fiedler has no job. He lost a McDonald’s job as cook. He and Mrs Beale live off her alimony. He has a F$25 Mongoose mountain bike, gifted by friend, Lee Movley, when on June 3, 2024, his second scooter was seized. “I said I live off the corner of Blake and Blythe, which is about eight blocks from the courthouse. It’s not that far. I can walk that,” he says, assuring the judge of his return.
Judge Griffey frees him “on an OR bond,” Mr. Fiedler says. He demands he swear that he will be at the court Jan. 13, 2025.
In a corrective, the former prisoner says reports of deputies threatening him with “the chair” or “the hole” were based on misinterpretation by Mrs. Beale based on their phone calls, costing F$1.80 per 15 minutes. As to the return date or a preliminary hearing, he has two copies: A white form, and a yellow form.
Henry County and city of Paris violate, as do most government entities, T.C.A. 40-7-103, arrest by officer without warrant. For such offense as “driving on suspended,” that is not a crime subject to the warrantless arrest exception and requires an arrest warrant.
Mr. Fiedler says he had a April 30, 2024, meeting with Paris police chief Ricky Watson to discuss serving him Tennessee administrative notice about the limits in motor vehicle law and title 55 that manages the privilege. He served hard copy on Chief Watson’s assistant May 1. The notice is intended to reduce taxpayer risks from police abuse lawsuits by limiting so-called “traffic stops” to people involved in the privilege, which is commercial.
David in his nonprofit fighting and mercy ministry thanks for checks sent directly to c/o 10520 Brickhill Lane, Soddy-Daisy, TN 37379. Also, at GiveSendGo
That's awesome, and you're doing great work covering it! I would say, I think I caught a typo or something incorrect. Paris is actually WEST not EAST of Nashville.