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Felon finds unique way to keep parole officer at bay
By TONY RIZZO
The Kansas City Star
When Wesley Fitzpatrick claimed to be a victim of harassment, he got a court order to protect him from his alleged tormenter.
He convinced a judge that a woman stalker had left him "scared, depressed and in fear for my freedom."
He didn't mention two important facts:
He's a convicted felon, and the alleged stalker is his parole officer.
"We've never heard of anything like this before," said Bill Miskell, public information officer for the Kansas Department of Corrections. "This is unique."
Corrections officials call Fitzpatrick's allegations a malicious attempt to interfere with a state employee's duties.
In a legal response to his allegations, the agency argued that the only threat to Fitzpatrick's freedom was his failure to meet with his parole officer.
That threat became reality Wednesday when Fitzpatrick, 23, of Kansas City, Kan., was arrested for failing to report to his parole officer. He was taken into custody at the Wyandotte County Courthouse, where a hearing had been scheduled to determine whether the temporary court order should be made permanent.
The hearing was rescheduled for Wednesday, and the temporary protection order granted Feb. 27 remained in force.
The judge who granted Fitzpatrick's request for a temporary order said Wednesday that he never would have signed it had he known the true circumstances.
"He did not disclose it was his parole officer," Wyandotte County District Judge George Groneman said.
Judges considering such orders rely on statements given under oath by the person requesting protection.
"We have to accept that what they say is true," Groneman said.
In Fitzpatrick's case, he alleged that a woman named Judy Little was guilty of "harassment of constantly demanding for me to stay away from my wife and a few other things."
He listed Little's place of business as the state parole office in Kansas City, Kan., but Groneman said the idea that a parolee would seek a protection order against his own parole officer "never crossed my mind."
In court documents asking that the order be dismissed, corrections officials said Fitzpatrick had perpetrated a fraud on the court by failing to disclose the true nature of the "officially mandated and legally required contact" with the parole officer.
Fitzpatrick was convicted in 2001 of attempted possession of methamphetamine. He was released from prison in June, according to Department of Corrections records.
Departmental rules require parole officers to maintain regular contact with parolees.
Little denied saying anything to Fitzpatrick about staying away from his wife or contacting him on a specific Sunday in January, as he alleged.
"Defendant further states that all her contacts with plaintiff were made in the course of her official duties for a legitimate official and governmental purpose," according to the court documents.
Fitzpatrick previously had asked to have Little removed as his parole officer for unspecified reasons. A meeting was scheduled with him for Feb. 27, but he failed to show up and filed his court case that day, according to the court documents.
Another parole officer is currently supervising Fitzpatrick.
By TONY RIZZO
The Kansas City Star
When Wesley Fitzpatrick claimed to be a victim of harassment, he got a court order to protect him from his alleged tormenter.
He convinced a judge that a woman stalker had left him "scared, depressed and in fear for my freedom."
He didn't mention two important facts:
He's a convicted felon, and the alleged stalker is his parole officer.
"We've never heard of anything like this before," said Bill Miskell, public information officer for the Kansas Department of Corrections. "This is unique."
Corrections officials call Fitzpatrick's allegations a malicious attempt to interfere with a state employee's duties.
In a legal response to his allegations, the agency argued that the only threat to Fitzpatrick's freedom was his failure to meet with his parole officer.
That threat became reality Wednesday when Fitzpatrick, 23, of Kansas City, Kan., was arrested for failing to report to his parole officer. He was taken into custody at the Wyandotte County Courthouse, where a hearing had been scheduled to determine whether the temporary court order should be made permanent.
The hearing was rescheduled for Wednesday, and the temporary protection order granted Feb. 27 remained in force.
The judge who granted Fitzpatrick's request for a temporary order said Wednesday that he never would have signed it had he known the true circumstances.
"He did not disclose it was his parole officer," Wyandotte County District Judge George Groneman said.
Judges considering such orders rely on statements given under oath by the person requesting protection.
"We have to accept that what they say is true," Groneman said.
In Fitzpatrick's case, he alleged that a woman named Judy Little was guilty of "harassment of constantly demanding for me to stay away from my wife and a few other things."
He listed Little's place of business as the state parole office in Kansas City, Kan., but Groneman said the idea that a parolee would seek a protection order against his own parole officer "never crossed my mind."
In court documents asking that the order be dismissed, corrections officials said Fitzpatrick had perpetrated a fraud on the court by failing to disclose the true nature of the "officially mandated and legally required contact" with the parole officer.
Fitzpatrick was convicted in 2001 of attempted possession of methamphetamine. He was released from prison in June, according to Department of Corrections records.
Departmental rules require parole officers to maintain regular contact with parolees.
Little denied saying anything to Fitzpatrick about staying away from his wife or contacting him on a specific Sunday in January, as he alleged.
"Defendant further states that all her contacts with plaintiff were made in the course of her official duties for a legitimate official and governmental purpose," according to the court documents.
Fitzpatrick previously had asked to have Little removed as his parole officer for unspecified reasons. A meeting was scheduled with him for Feb. 27, but he failed to show up and filed his court case that day, according to the court documents.
Another parole officer is currently supervising Fitzpatrick.
