Stewart Parks, a former congressional candidate from Tennessee’s 5th District, finds himself in the crosshairs of a harrowing legal battle following his participation in the January 6 events at the Capitol. Convicted in a bench trial by Judge Amit Mehta, Parks disputes charges of misdemeanor trespassing, disorderly conduct, and theft and is in the early stages of pursuing an appeal.
Parks updated listeners on Thursday’s episode of The Tennessee Star Report with Michael Patrick Leahy on the latest developments in his plight and he details his concerns about potential prejudice against those with conservative ideologies and the need for a fair legal defense.
TRANSCRIPT
Michael Patrick Leahy: 11:34 a.m.; we are broadcasting live from our studios in downtown Nashville, Tennessee. We are joined right now on our newsmaker line by our very good friend, Stewart Parks.
Good morning, Stewart.
Stewart Parks: Good morning, sir. How are you doing?
Michael Patrick Leahy: Stewart everybody in Middle Tennessee who is listening to this program is praying for you.
You ran for Congress here in the 5th Congressional District. You didn’t win, but you competed and were I think well respected by all of your opponents. You ran for the Republican nomination.
You were at the Capitol on January 6th.
And you chose a bench trial from this judge, Amit Mehta, who convicted you. And then now has sentenced you on misdemeanor trespassing, disorderly conduct, and – if you can believe it – theft charges, which you entirely dispute. And now you have been sentenced to serve eight months in prison.
You’ve just received some communication about that from the Department of Justice.
Tell us what they’ve told you.
Stewart Parks: So a lot of stuff has come out, even new stuff has come out this morning, so the probation office notified me this week that I would have to self-surrender around the first week of February to a federal corrections institution in Memphis – and keep in mind, Memphis is a federal jurisdiction.
According to the FBI crime reports, Memphis is number one in 2023 for the most violent, dangerous city in America. So I have to self-report to a prison in Memphis around the first week of February, and so I’ll be serving an eight-month prison sentence, and then I just made contact with my appeals attorney as of this morning.
And so I’ll be assigned to AJ Kramer’s office with Tony Atkin, Jr. and Molly Runkle. They’ll be the attorneys assigned to my case. So, you know, a lot of new stuff will come out this week as, you know, my appeals has made progress.
Michael Patrick Leahy: So you are appealing the bench trial conviction and sentencing, is that correct?
Stewart Parks: Yes, sir.
Michael Patrick Leahy: What’s the next step in that process, Stewart?
Stewart Parks: So, the hope is I’ll be granted a stay, so I don’t have to. I fully expect to be granted a stay, so I don’t have to self-surrender because, you know, innocent people do not belong in jail, and this is just a travesty, a miscarriage of justice, what’s happened to me and many.
There are, you know, over a thousand people that were there on January 6th. So, the expectation is that I’ll be granted a stay, not have to self-surrender, and we will win in the appellate court, and I have all my charges dropped.
Michael Patrick Leahy: Well, we hope that’s the case, Stewart. We took a look at this when you were with us here previously on our Tennessee Star Extra videocast that we released earlier this month. You said that you believed that the judge who convicted you in the bench trial, I guess, back in May and then sentenced you to eight months was colluding with the prosecutors from the Department of Justice. Do you still feel that way?
And what can you tell us to add to that, Stewart?
Stewart Parks: Yes, sir. So, this was an Obama-appointed judge.
The whole again, you know, the people, a lot of people have questions. Why did you choose a bit trial?
And I myself, along with many of the January 6 defendants, we filed a motion for change of venue because Washington, D.C. is a politically hostile place in the jury pool.
There’s no way nobody has won. As far as I’m aware, over hundreds – I believe about 1,200 people have been arrested. Nobody has won anything with a jury trial. And so we did the next logical step, which was to waive my right to a jury, go before a bench trial.
And the hope was I would have an unemotional legal expert decide my fate. And he had a chance to, you know, essentially be a hero and find me not guilty on all the charges, but instead, he went the political route and found me guilty of all charges.
So now we’re going before a panel of judges, which I haven’t, you know, been notified of who the judges are, and so forth.
So the hope is that we’ll have rational judges, the constitutional judges this time that will see January 6th what it really is.
Michael Patrick Leahy: One of the things that you told me on the Tennessee Star Extra videocast earlier this month was that when you were convicted, or when you were convicted in May, the judge confused you with another person who’d been charged that day.
Is that right?
Stewart Parks: Yes, sir. And so that’s why there needs to be a serious look at this because that was the whole – every defendant is supposed to be tried by themselves. And so Matthew Baggett, my co-defendant, he had filed a severance many months before from me.
So now I should be tried and you know, the focus should be on me – what I did that day, and so forth and so on. And when he handed the verdict on around May 1st when I had my bench trial, he handed the verdict, saying that ‘You, Matthew Baggett, did this,’ ‘You knew this, you did this.’
So he called me by the wrong name the whole time as he’s handing the verdict. So a lot of confusion came because of that. And yeah, I mean, that’s one of many reasons why, you know, my charges should be dropped. I got a totally unfair trial.
Michael Patrick Leahy: Yeah, totally unfair – like, virtually every J6 defendant.
Now, these theft charges; bizarre. Tell what the claim was and why the judge convicted you on the theft of an item that was not in your possession when you left the Capitol, voluntarily.
Stewart Parks: Yes, sir. I’m glad you brought this up because these theft charges are absolutely outrageous. So, again, I shouldn’t have picked the metal detector wand up.
You know, it’s a little $117 wand the police used to scan you. You know, people have seen them at the airport, football games.
Michael Patrick Leahy: So just to set the stage, you entered the Capitol, peacefully. And I think when the door was open, and the police said ‘Come on in,’ is that right?
Stewart Parks: Yes, sir.
So I was let in. We didn’t know who let us in at the time. It later came out in court. There was a January 6 event attendee opened the door. So we peacefully walked in, you know, there wasn’t a stampede or anything like that.
Just, you know, a normal walk in the building. And then shortly after, the Capitol Hill Police was right there and they made statements to me such as ‘We’re here,’ ‘We’re with you,’ ‘We understand you,’ and so forth and so on.
Never once do they tell me to get out.
Michael Patrick Leahy: And let me, Stewart – if the police officer had said, ‘Well Stewart, it’s time for you to leave the building,’ would you have left the building?
Stewart Parks: Yes, sir – 100 percent. We would have 100 percent complied. And keep in mind this instance that we’re talking about – I’ve already passed by three or four lines of police already going in.
So this wasn’t my first encounter with the police. And again, never once was anybody coerced; police officers weren’t intimidated. They weren’t frightened. But then, you know, I’m already seeing a pattern of police letting me move forward without saying anything. So that instance I talked about where I’m in the building and the police officers are talking to it.
That’s about the fourth group of police officers I’ve already encountered that day.
Michael Patrick Leahy: You are in the Capitol for what? About 20 minutes. Is that how long you were there?
Stewart Parks: Yes, sir. In the bench trial, it was stated was around 30 minutes. Yes, sir.
Michael Patrick Leahy: And so during that 30-minute period – because you were kind of lighthearted, goofing around a little bit.
There was one of these little sticks, magnetometer, what do, what do they call it, these sticks?
Stewart Parks: So they call it a metal detector wand.
Michael Patrick Leahy: Metal detector wand. You saw it laying on a desk there as you came in. You picked it up and had it in your possession for a few minutes, is that right?
Stewart Parks: Yes, sir. I don’t recall how long I had it. The judge stated it was, you know, around 10 minutes. And what’s crazy about this is Capitol Hill – we had the documents – Capitol Hill police testified at my trial and said that there was nothing stolen from the Capitol. And so that right there alone drops the theft charge.
Michael Patrick Leahy: And there was video of you leaving the Capitol after.
Right when the police said, ‘Hey Stewart you need to leave,’ you left immediately.
Apparently, you left this little metal wand there in the Capitol. There’s video of you leaving the Capitol and you have no metal wand in your possession, correct?
Stewart Parks: That’s correct. And so that’s, you know, what you said is exactly right, the police made the decision that they needed to evacuate the Capitol, which you look at the videos. I complied immediately. There was no video of me mouthing – being inappropriate or hostile to the police. I immediately left. And this is what’s crazy about all this.
So we asked constantly for the video showing where I left the wand, and we still, to this day, haven’t received a video.
What happened was my attorney in another case had accidentally stumbled across a video of me, myself and the co-defendant walking around after we left the Capitol and it wasn’t in my hand.
So that was again shown – so that’s another hardcore piece of evidence that the theft charges could be dropped, but the judge still wouldn’t accept it.
Michael Patrick Leahy: Well, the judge just wanted to convict you because you had the wrong political ideology, it seems to me.
Stewart Parks: That’s exactly right.
And it’s hard for people to realize this, but they have a prejudice against Trump-supporting Christian, conservative, pro-American people.
And he, in his verdict, when he handed it to me, stated that it was the asportation, the carrying away of the device in my hand.
Michael Patrick Leahy: The “asportation” was the word he used, right?
Stewart Parks: Asportation. I had to look it up, I’ll be honest. I had to look it up in the Webster’s Dictionary.
Michael Patrick Leahy: Well, I could say something about the kind of person who uses that word, but I won’t right now.
But now Stewart, let’s talk about this.
So I’ve known you for a couple of years now and you’re as honest as day is long. All of your competitors who ran against you, have the highest praise for you as an individual of character. You’re a graduate of Ole Miss. You’re a native of Tennessee, you’re a successful real estate agent and investor.
You’re an honest, very honest person. That I know. That I can attest to.
What is it that people can do to help you, Stewart Parks, right now?
Stewart Parks: Well, we’ve talked about it many times, so, I mean, this is a battle that, you know, people, I hate to sound this way, but it’s a spiritual battle.
That’s what’s going on – it’s an emotional retaliation against Christians.
My thought process is, right now we’re in contact with the appeal attorneys. I wanna see, you know, who we have, what their attitude and reaction against, you know, with my case and so forth. So right now, I’m taking a look at all that.
I’ve just had contact with my appeal attorney for the first time this morning. So I’m taking a look and see, you know, and I’ve taken a serious look at pro bono attorneys, different things. So all offers are on the table right now.
Michael Patrick Leahy: So, right now, Stewart, though, you were defended, represented by a Washington D.C. public defender in your bench trial, correct?
And now you’re represented by another public defender in your appeal, in Washington D. C., is that correct?
Stewart Parks: Yes, sir.
Michael Patrick Leahy: It sounds to me like, though, you may consider the possibility of finding private counsel to represent you in your appeal, is that right?
Stewart Parks: Yes, sir.
Michael Patrick Leahy: And that’s going to be very expensive, isn’t it?
Stewart Parks: Yes, sir, that is correct.
Michael Patrick Leahy: Is there, do you have, like, a GoFundMe account or anything where people want to help you out? We got about a minute left here, Stewart.
Stewart Parks: We haven’t made that yet because like I said, we’re in the very early stages of the appeal.
But once I will have, if we decide to go that route, I will have that, you know, made publicly as soon as possible.
Michael Patrick Leahy: As soon as you decide if you want to defend yourself with a private attorney and are trying to raise money, let us know and we’ll be happy to report on that.
Stewart Parks, God bless you, my friend.
We are with you. The people of Middle Tennessee are with you. We know you’re an honest man and are being railroaded.
Merry Christmas to you, Stewart.
Stewart Parks: Yes. Merry Christmas to you. Thank you so much, sir. I appreciate you.
Michael Patrick Leahy: You’re welcome, Stewart.
Good man, Stewart Parks.
All right; when we come back, we’ll talk again with our good friend Mark Skoda, one of the early organizers of the Tea Party movement.
This is The Tennessee Star Report. I’m Michael Patrick Leahy. We’ll be right back after this.
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Listen to The Tennessee Star Report with Michael Patrick Leahy weekdays from 11:00 am to 1:00 pm on WENO AM760 The Flame.
Photo “Stewart Parks” by Stewart Parks.
