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President Bill Clinton The White House Washington, D.C. 20515 RE: HAMILTON COUNTY, TENNESSEE--Conspiracy and Cover-Up by the Hamilton County Grand Jury Foreman, Hamilton County District Attorney, et al., In Re: (1) The Murder of Black Resident Larry Powell, and (2) The Poisoning of Hamilton County Residents and Citizens of North America Dear President Clinton: (1) On February 5, 1993, Larry Powell, a black resident of Hamilton County, Tennessee, while lying on the ground with his hands handcuffed behind his back and with his legs tied together, was choked to death at the hands of eight (8) white police officers in Hamilton County, Tennessee. The Hamilton County Medical Examiner, Frank King, determined that Mr. Powell's death was a homicide, having been choked by the police officers. However, the Hamilton County District Attorney, Gary Gerbitz ("DA Gerbitz"), along with his hand-picked Grand Jury Foreman, Marsha Crabtree ("Foreman Crabtree"), overruled the Medical Examiner's findings and concluded that all eight (8) police officers were BLAMELESS! The entire investigation conducted by DA Gerbitz and Foreman Crabtree was overseen by former Federal Prosecutor in Chattanooga, Curtis Collier. I am writing this letter to bring to your attention that factual evidence has now surfaced in Chattanooga, Tennessee, which clearly shows that DA Gerbitz and Foreman Crabtree are capable not only of violating civil rights laws and conspiring to cover-up the truth in connection with the death of Larry Powell at the hands of white police officers, but, moreover, are directly involved in another and much larger conspiracy which involves a host of prominent persons from Tennessee including Vice-President Albert Gore Jr. in a manner which is "the traditional way" of doing things here in Chattanooga (i.e., Hamilton County), Tennessee. This area is former Senator Al Gore Jr.'s senatorial district and was also declared "The Environmental City of the Future" in his address to the delegation at the 1992 Environmental Summit in Brazil. (2) On January 30, 1995, I made an application to testify before the Hamilton County Grand Jury pursuant to TCA 40-12-104. My application charges a number of City, County, and State of Tennessee officials, and two (2) Judges, with a criminal conspiracy to cover-up an illegal hazardous waste dumping operation and the subsequent poisoning of Hamilton County, Tennessee, and the imminent health threat to its residents, and the entire North American population served by Little Debbie® products which are baked in the Hamilton County, Tennessee, Area. Enclosed is an 18-page transcript, including the electronically unbroken tape recording, which sets forth conversations I had with Assistant District Attorney, Bill West ("ADA West"), and Grand Jury Foreman Crabtree, clearly showing, among other things, that ADA West and Foreman Crabtree not only violated the Tennessee Code regarding my civil rights in connection with my application, but received permission from Hamilton County Criminal Court Judge Douglas Meyer to do so, and then ADA West and Foreman Crabtree denied my application. After having been informed by me that she had violated the Tennessee Code regarding my application, Foreman Crabtree states: "Let me just put it this way. The grand jury has made their decision, based on this, that's the end of this, as far as I'm concerned. There's no further discussion on that. Now you can go wherever you want to with it, and, and do whatever, but as far this grand jury's concerned, it's over with." On page 8 of the enclosed March 21, 1995 transcript, I have challenged Foreman Crabtree in regard to her violation of the Tennessee Code regarding my application, and she states: "...it's not strict violations..." (emphasis added). Foreman Crabtree, who is currently in the middle of serving her third consecutive 2-year term as Hamilton County Grand Jury Foreman, defends her actions by saying that it is the "traditional" way of interpreting the Code even though "it's not strict compliance". Question 1: Mr. President, just how far do you think we should allow Foreman Crabtree and the DA's office to deviate from our sacred civil rights laws so that they may rule that Larry Powell's death was BLAMELESS? Just how far do you think we should allow Foreman Crabtree and the DA's office to deviate from our sacred civil rights laws so that they may protect those persons who have conspired to cover-up the poisoning of Hamilton County, Tennessee, and the imminent health threat to its residents and consumers of North America? Since my challenge of Foreman Crabtree and the DA's office, I have been advised by ADA West that I would be allowed to resubmit my application to the "Concurrent" Grand Jury Foreman, Edith Blackwell. My application was submitted over two (2) months ago, and I have received no response from either the Concurrent Grand Jury Foreman or the DA's office. A copy of my application is enclosed.
My enclosed letter to Hamilton County Health Officer, Dr. Valerie Boaz ("Dr. Boaz"), also details the nature of this imminent threat to human health from mercury poisoning faced by persons living in Hamilton County and those persons served in North America by Little Debbie® products baked in the Hamilton County, Tennessee, Area. The persons to whom Dr. Boaz has forwarded this information are all ignoring the seriousness of the situation because it is a State-wide policy in Tennessee, which began with the governorship of Lamar Alexander, to allow polluters to damage the environment in Tennessee and get away, scott-free. This State-wide policy continues, as shown by my enclosed letter to Tennessee Governor Don Sundquist ("Governor Sundquist"), and his counsel's answer. I have absolute proof, both in writing and on electronically unbroken tape recordings, that Guy M. Moose, Solid Waste Manager at the Chattanooga Office of the Tennessee Department of Environment and Conservation ("Moose"), lied under oath both in state and federal courts regarding, among other things, the illegal contamination of the Chattanooga Summit Landfill. This perjury was known and condoned by both state and federal judges, both of whom threw the case out before it ever reached the discovery process, and both of whom "enjoined" me from refiling and threatened me with sanctions if I continued my efforts. Federal Judge James H. Jarvis threatened my attorney with "heavy sanctions" and did in fact fine me $1,500 sanctions for filing a "frivolous" suit and cited Moose's affidavits as the basis for his Opinion. There is absolute proof that Judge Jarvis did knowingly create his own mistake in order to rule my case "frivolous." The $1,500 sanctions imposed are unwarranted and illegal, and such ruling is felonious behavior by the Senior Federal Judge in Tennessee. Hamilton County Circuit Judge Samuel H. Payne, during an electronically unbroken tape-recorded conversation, admitted he did not read any of my court filings. And when I asked Judge Payne about the illegal dumping going on in his district, Judge Payne said: "Who's concerned about that?" Judge Payne admits on the recording that Federal Judge James Jarvis was his classmate in law school. The enclosed letters to Chattanooga Mayor Gene Roberts ("Mayor Roberts"), Governor Sundquist, and Mr. Robert Colby who is the Director of the Chattanooga\Hamilton County Air Pollution Control Bureau ("Colby"), are self-explanatory and describe in detail the events that have lead up to the charges that I am bringing to your attention, Mr. President. I have never received a response to my June 2, 1995 letter to Colby, and I have heard nothing from either Governor Sundquist or the Tennessee Attorney General regarding my June 2, 1995 letter to Colby.
Mr. McKee, Governor Sundquist, Mayor Roberts, both Judges, Moose and other local and State officials do not care about the health of the general public as long as someone is not literally falling down dead in the street from acute poisoning by hazardous wastes. And they most definitely do not care that people's lives in Hamilton County are being shortened or adversely affected by subacute poisoning from existing hazardous wastes, including, but not limited to, deadly, cumulative mercury poisoning, or about the possible fatal effects of such poisoning on any persons who are unkowningly HIV-positive. Local officials and politicians are relentlessly hiding behind Vice President Gore's "Environmental City" facade and continue to ignore the imminent health threat to the local community and North America. In an electronically unbroken tape recording, City Council Chairman, Don Eaves, refused to allow me to speak before the City Council on these issues "... because it goes out on the airways..." to the public.
The enclosed letters from EPA Regional Director Hankinson to former Tennessee Senator James Sasser clearly show that Hankinson ordered a criminal investigation into these matters by the EPA. To date, nothing has surfaced and, just like the so-called City Police investigation ordered by Mayor Roberts which has been "pending" for five (5) years, no conclusion has been reached nor will be reached.
On February 23, 1994, I wrote a 19-page letter to Vice President Gore carefully detailing all of the events of the illegal dumping, fraud, and conspiracy up to that date. That letter was sent to Vice President Gore bound inside a 2-volume booklet entitled "Tennesseegate" containing tabulated, documented evidence with electronically unbroken tape recordings and accompanying transcripts. The enclosed response from Vice President Gore's office completely ignores "Tennesseegate" and suggests I seek the help of an attorney regarding "...the situation involving your former employer." My enclosed letter to Tennessee Chief Justice Riley Anderson is self-explanatory. His office did respond, copies of which are enclosed. The first response shows that his legal secretary was allowed to issue a letter opinion from his office which is not only erroneous but is in direct violation of Tennessee UPL laws. I promptly called Chief Justice Anderson's office to inform them of this serious error, and at that time I discussed with his law clerk the misconduct of the Hamilton County Grand Jury Foreman and DA's Office with respect to their violation of the Tennessee Code in connection with my application and also the validity of their ultimate "white-wash" of Larry Powell's death--I then received a second letter from Chief Justice Anderson's office, this time from his law clerk, suggesting I address this matter to the Tennessee Legislature. Interestingly enough, shortly after my letter and the response by his office, Chief Justice Anderson ordered that not only will the 21 Tennessee appellate and supreme court justices be required to undergo the "judicial review process" enacted by the Tennessee Legislature last year, but that this review process also shall apply to the 170 lower court judges in the State.
In 1993, Prosecutor Collier concurred with DA Gerbitz's and Foreman Crabtree's overruling of the Medical Examiner's findings that Larry Powell's death was a homicide. In early 1994 Prosecutor Collier received a copy of "Tennesseegate" and, rather than placing the evidence in "Tennesseegate" before the Federal Grand Jury here in Chattanooga, instead Prosecutor Collier sent "Tennesseegate" directly to the U.S. Justice Department in Washington, where it was promptly killed in a decision which concluded that the submitted materials contain "... insufficient credible evidence..." to support a criminal prosecution (See enclosed letter). Question 2: Mr. President, just how "credible" was the Rodney King video tape? My electronically unbroken tape recordings and documented evidence set forth in "Tennesseegate", and additional evidence, all of which the FBI and U.S. Justice Department refuse to consider, is just as credible, powerful, and convincing as the Rodney King video tape. Likewise, the enclosed 18-page transcription and electronically unbroken tape-recording of the DA's office and Foreman Crabtree's violation of the Tennessee Code is just as credible, powerful, and convincing as the Rodney King video tape, in showing their willingness and ability to violate the law in order to preserve a "traditional" method of Hamilton County Justice--the same "justice" exhibited in the Larry Powell grand jury decision. Mr. President, shortly after Prosecutor Collier sent "Tennesseegate" to Washington to be "killed", you appointed him to be the next Federal Judge in Chattanooga. This appointment, and especially the timing of this appointment, when coupled with the cover-up of Larry Powell's murder, and the more recent cover-up of the poisoning of Hamilton County and the imminent health threat to its residents and consumers in North America, reeks of "WATERGATE"! Somehow, Prosecutor Collier, who is also Black, was able to diffuse the extremely volatile racial tinderbox which almost exploded here in Chattanooga when he concurred with Foreman Crabtree's opinion that all eight police officers were "blameless" despite the Medical Examiner's determination that Mr. Powell's death was a homicide, having been choked to death by the police officers. How was Prosecutor Collier able to diffuse this issue? When the Los Angles officials refused to move against the police officers in the Rodney King affair, a riot practically burned down the city.
The matters addressed in this letter are of great public concern to (i) the black community in Hamilton County who have been carefully deceived about the truth surrounding Larry Powell's death at the hands of eight police officers, (ii) the residents of Hamilton County whose environment has been contaminated with mercury and other hazardous wastes, and (iii) the consumers of Little Debbie® products baked in Hamilton County, Tennessee, adjacent to the contaminated Chattanooga Summit Landfill. Therefore, Mr. President, due to the apparent self-interests and conflicts of interest of Vice President Al Gore, the U.S. Justice Department, and others in your Administration regarding these matters, I, along with Mrs. Powell and others, demand that you order an immediate investigation by a "Special Prosecutor" who is approved by Senate Majority Leader Bob Dole and House Speaker Newt Gingrich, to investigate the following matters: 1) The recent appointment by your Administration of Federal Prosecutor Curtis Collier ("Collier") as a Federal Judge in this District, both generally, and more specifically in conjunction with: (a) Collier's involvement as overseer of the Hamilton County Grand Jury investigation in 1993 of the death of Larry Powell and Collier's subsequent concurrence with DA Gerbitz and Foreman Crabtree that the police officers are blameless with regard to the cause of death of Larry Powell, and (b) Collier's involvement in 1994 in the cover-up of my overwhelming evidence of the environmental contamination of Hamilton County and the Chattanooga Summit Landfill directly affecting the residents of Hamilton County, McKee Baking Company, and Little Debbie® products, which evidence is set forth in "Tennesseegate" and subsequent evidence supplied to Collier in 1994; 2) The conduct of DA Gerbitz and Forman Crabtree, individually, jointly between themselves, and also individually and jointly in conjunction with Curtis Collier, regarding: (a) their investigation of the death of Larry Powell, and (b) their decision and final conclusion that the police officers are blameless with regard to the cause of death of Larry Powell; 3) The misconduct of DA Gerbitz and/or ADA West, Foreman Crabtree, and Hamilton County Criminal Court Judge Douglas Meyer, individually and jointly between themselves, regarding their violation of the Tennessee Code when denying my application to testify before the Hamilton County Grand Jury, including, but not limited to: (a) the general impact of their decision as it pertains to my application, (b) the impact of their decision on my civil rights in violation of TCA 40-12-104, and (c) the impact of their decision which results in the protection of all persons named in my application; 4) The misconduct of Hamilton County Criminal Court Judge Steve Bevil who, after being informed of Foreman Crabtree's violation of the Tennessee Code, has refused to take any action to remove her as Hamilton County Grand Jury Foreman, which inaction is tainting the grand jury process; 5) The misconduct of William G. Colvin Esq. of the Chattanooga law firm Shumacker & Thompson, attorneys for co-Defendants Hydro-Vac Services, Inc. and William W. Foxworth, and of Frederick L. Hitchcock Esq. of the Chattanooga law firm Strang Fletcher Carriger Walker Hodge & Smith, attorneys for co-Defendant Golden Gallon, Inc., regarding: (a) their attempts to use a federal court restraining order to cover-up the making of a fraudulent SBA-guaranteed loan to co-Defendants Hydro-Vac and Foxworth thereby defrauding the bank and the taxpayers, and (b) their conspiracy to protect the illegal hazardous waste dumping of their clients here in Hamilton County, Tennessee; 6) The misconduct and criminal activity of Guy M. Moose, Solid Waste Manager at the Chattanooga Office of the Tennessee Department of Environment and Conservation, which includes, but is not limited to: (a) perjury in state and federal courts, (b) conspiracy to cover-up the illegal hazardous waste dumping of co-Defendants and the contamination of the Chattanooga Summit Landfill, and (c) obstruction of justice; 7) The misconduct of Chattanooga Mayor Gene Roberts and other City, County, and State officials by knowingly allowing and protecting the illegal dumping activities of hazardous waste dumper William W. Foxworth, owner of Hydro-Vac Services, Inc. and owner of the Chattanooga Roto-Rooter franchise; 8) The misconduct and fraudulent rulings of Federal Judge James H. Jarvis, Hamilton County Circuit Judge Samuel H. Payne, 3 Appeals Court Judges, and Tennessee Judge of the Judiciary, Sheila Jordan Cunningham. Mr. President, the public would be pleased and relieved if you could show everyone that Vice President Gore has been "duped" by the officials in Tennessee, and that neither of you is aware of the illegal activities described in this letter and supporting documents enclosed. The ramifications of the matters discussed in this letter are politically and constitutionally immense. Justice has NOT been served. As all of this material shows, justice is fleeting in America and it is no wonder that the average person has come to the conclusion that no one in our government can be trusted, especially in Washington. Last week, the Southern Baptist Convention held its annual meeting at the Georgia Dome in Atlanta. One of the highlights of this conference was the "formal apology" to the Black community for past discrimination by the White community, including slavery. However, the decision which has been made here in Hamilton County, Tennessee, regarding facts surrounding the death of Larry Powell is hateful and reprehensible, and cannot be allowed to go unchallenged. IT DEMANDS AN IMMEDIATE FEDERAL INVESTIGATION. Likewise, the threat to the health and welfare of all persons affected by the hazardous waste dumping which has taken place in Hamilton County and specifically at the Chattanooga Summit Landfill, and the imminent threat to human health from mercury poisoning faced by persons living in Hamilton County and those persons served in North America by Little Debbie® products baked in the Hamilton County, Tennessee, Area DEMANDS AN IMMEDIATE FEDERAL INVESTIGATION, INCLUDING, BUT NOT LIMITED TO AN INVESTIGATION BY THE FDA AND EPA. I trust you will inform me as soon as possible regarding the direction you intend to take regarding these matters. Very truly yours,![]() Ernest A. Oliver Forensic Scientist, Chemist and Microbiologist Enclosures |