Alabama Allows Courts to Frame an Innocent Man
July 2, 1999
Patrick Swiney is a dying man. Since he has been
in prison, he has suffered 3 heart attacks. The prison officials do everything
they can to cause as much stress as possible for Patrick. They do this
on purpose and laugh at his pain. He also suffers the daily chronic and
severe pain of inflammatory spinal arthritis, and now emphysema because
of the dungeon-like conditions at Holman Prison. For a description of the
conditions at Holman Prison and to witness what he has been enduring, please
visit our web site and read Patrick's article, entitled "Too
Late To Debate???"
For those who helped convict him, they can rest
that Patrick will die soon [because the abuse he has endured over the past
10-1/2 years has taken its toll and unless he is removed to a safe place
where medical care and attention is available he will die soon] and then
their lies will be safe. For those who helped convict him, who wish to
recant their lies, they need to contact the courts and tell them the truth.
For those who are too scared to tell the truth, may God forgive them for
they know not what they have done.
Below is a *portion* of Patrick's case. He was
convicted on hearsay testimony that was not only not allowable, but it
was false testimony. In addition, the evidence that would have proved he
was not involved was suppressed and the court convicted him with NO evidence
to convict. This could happen to you. I hope it never does.
From Taoss@worldnet.att.net
[AKA: Sherry Swiney - wife of a provably innocent man who has been doomed
to die a torturous death in prison because the judges, after denying his
right to counsel, won't hear his pro se case because it isn't written like
counsel would write it - so should I become a widow because the judges
can't follow their own rules? I do not think so!!!!]
Ladies and Gentlemen,
They say Patrick murdered two people. He did not.
We have evidence that shows he was not involved. The Alabama courts have
NO evidence to convict but they convicted anyway. How did they do that?
Easy. Patrick was an easy target.
1. Patrick did not know his rights at
the time but he did refuse to plea bargain because he was not guilty.
2. He was still dazed for many days after the
shootings, which was another reason he was unable to defend himself properly.
He had been unconscious during the shootings so he doesn't know what happened.
3. He was already on unfriendly terms with some
former police officers who disliked the fact that while he had been V.P.
of the FOP [fraternal order of police] he was a good cop and did not allow
things like discrimination, harassing, prejudice and payoffs, etc., to
enter into his fellow officers' conduct. He got on a couple of officers
pretty hard. One of them lied in trial, probably to get even.
4. He was already on the blacklist as an enemy
of the court. He had been responsible for the arrests of two high officials
in Alabama: the DA of Baldwin County and the Chief Investigator for the
Sheriff's Department. They'd been telling business people and so forth
things like, "You pay me so much money and I'll protect you. [sic]" I call
that racketeering, like the Mafia does. You screw with the Mafia and those
guys never forget!
5. He had an attorney that was not qualified to
stand up to the DA's tricks [his carefully planned conspiracy against Patrick],
and who did not protect his client at all. Rather, he began the trial assuming
Patrick was guilty as charged, believing the DA's scenario without questioning
anything at all. Maybe he was scared.
6. The prosecuting DA had a vendetta against Patrick
before the trial and during the trial. Why? [surely the DA still holds
bad feelings against Patrick because right after the trial, Patrick's community
banned together the kicked the DA and the Coroner out of office... now
he's just an ordinary attorney-at-law with his own private practice].
a. The DA, Patrick and the woman sat
in classrooms together for years during their childhood. He never liked
Patrick even then. We must find out why.
b. Still, the DA visited Patrick and his new wife
at their home and the DA went to see Patrick at work where he worked as
an investigator for the attorney who was soon to be asked by Patrick's
family to defend him in trial.
c. The DA loved the woman who was Patrick's new
wife, even though he - the DA - was already married. Now the woman the
DA loved and was so close to even in childhood, the woman Patrick loved
and had been married to for only 5 months, was dead. She'd been caught
committing adultery with her ex-husband. She and her ex-husband were now
dead. Was Patrick the only one who saw them through the window, committing
adultery? The last thing Patrick remembers is seeing them, then he blacked
out. His rifle had been in the truck at that time and he was outside of
the house. He'd been away over night. They'd had an argument over her son
growing drugs in the house, and he had told her he was going to call it
in if the boy didn't get rid of the stuff. The next night Patrick was returning
home, and then he saw this. When he came to he was inside the house, sitting
cross-legged on the floor, seeing the two bodies lying on the floor and
feeling his own rifle lying across the palms of his hands! He didn't know
if he shot them because of what he saw, or what happened, but immediately
he summoned help. He did not know if they were dead or alive.
1). They had both been shot, supposedly
with Patrick's .22 AR7 semi-automatic rifle, first through the window,
then from inside the house, at point-blank range, the DA said. The guy
had been shot in the head and the woman had been shot 6 times, everywhere,
and bullet holes were everywhere inside the place. Three weapons experts
have told me that it is impossible to fire away with a semi-automatic rifle
such as this one, and NOT have *any* gun powder residue on your hands,
neck, shirt, etc. The Forensic report says there was no residue on Patrick's
skin or clothing.
2). The DA said that the ex-husband had been shot
at point-blank range in the head. Think of the mess such a shooting would
cause. Blood would be splattered near and far. The Forensic report says
there was no blood on Patrick's skin, clothing or shoes. Apparently there
was no blood on the rifle either, or at least no report either way. Oh,
and the fingerprint report is conveniently missing. No one can say who
fired that weapon, or if that rifle was even fired that night.
3). In testimony the forensic guy says, "I think
the rifle was unfolded." Well, was it or wasn't it? Had it been fired before
the lab test-fired it or not? These guys who testified weren't real sure
about the condition of that rifle when they first got it. All they knew
was that they heard that Patrick had that rifle, so he's the one who did
this, just like the DA said he did, and that's that. Now, how do they *know*
this when they don't even know what condition the rifle was in when they
received it? And what's with these guys who take the DA's word for something
without any kind of proof?
4). In testimony a woman says she called the house
at 9:30 pm and talked to the ex-husband, then another woman says she called
a little later and a man with a low voice and southern accent answered
and said, "They are gone." But when Patrick saw the two bodies lying on
the floor, he drove to his sister's house 6 miles away and told her to
call the paramedics, whom he knew would call the police. When the paramedics
arrived at 9:36 pm, Patrick's mother and sister had already driven back
the 6 miles and were in that house before the paramedics got there. The
DA says this was Patrick on the phone [naturally a man living in the Deep
South would have a southern accent so that meant it had to be Patrick and
no body else - mind you, Patrick doesn't even have that much of a southern
accent]. So where are the fingerprints of the phone and how come the fingerprint
report is missing? Also, how could all this have happen in less than 6
minutes. Who answered that phone? Or was there even a phone call made?
7. The prosecuting DA misused his power to persecute
Patrick, an innocent man. Through the practice of judicial misconduct the
DA conspired to destroy Patrick's life. How?
a. He allowed, promoted and coerced hearsay
testimonies that were absolute lies.
b. He prevented witnesses for the defense to take
the stand who would have stated that these hearsay testimonies were lies.
c. He asked the Coroner's Office not to perform
two vital DNA tests during autopsy, then told the jury these two tests
were inconsequential to the case. The two tests would have proven adultery
had taken place. That DNA evidence was purposely destroyed - and destroyed
forever! Why would the DA order this? Was the DA afraid his own DNA would
be found, making him appear culpable?
d. The DA fabricated a scenerio that was completely
and varifiably false.
e. He "proved" to the jury that Patrick was a
cold-blooded murder because one time, Patrick used a pellet gun to drive
off some crows from his yard who were bothering a blue bird's nest [blue
birds are very rare these days in Alabama and they were rare then too].
The fact that one of Patrick's neighbors saw this was proof enough for
the DA. Thus, everyone who has ever shot a pellet gun [a B-B gun] at a
crow is a cold-blooded murder, so be careful not to do that in Alabama
or they will say you have the M.O. of being a cold-blooded murderer, because
- in Alabama - if the DA [or any authority] says you are guilty, then you
are guilty, no matter how much evidence you have to the contrary.
f. The DA withheld forensic evidence that shows
Patrick was not involved in the shooting. They talked about these reports
in trial, but never examined the reports in trial to let the jury see what
they actually said. Instead, they said the reports were inconclusive and
that meant he was guilty.
g. The crime scene was abandoned for 24 hours
- a chain of custody violation - but in Alabama that's okay too. It apparently
doesn't matter if the crime scene is abandoned where anyone could add or
take away evidence to convict or to free. Well, they said the shots came
from the outside through the window, but when they went back the next day
to get the window, it was outside lying on the grass with a hole in it
the size of a cannon projectile, and not a .22 caliber.
h. There's lots more....these are only a few of
the highlights of errors in the court, by the attorney, by the DA, by the
judges, and by the police who so-called investigated the incident...Humph!
Yea right, we have witnesses to testify that the police lied on their handwritten
reports, stating things that no one ever said to them. We have witnesses
to testify that the DA admitted to his conspiracy against Patrick, after
the appeal was lost.
i. I wonder: Do DA's pal around with other DA's
in neighboring counties? Do Judges entertain with other judges in neighboring
districts? Do DA's and attorney make deals behind closed doors? Just curious.
Patrick Swiney is an innocent man who was used to
cover up the truth of what occurred that night. He has suffered greatly
for speaking out to the media, and the courts, in an effort to get the
truth out to the public and to help him receive justice. So far, every
time he has spoken out, he has been severly punished by prison officials
and by the courts who simply deny his motions stating they accept the hearsay
rather than factual evidence or stating no cause at all for the denials.
This case demonstrates how the judicial system is broken. How will we receive
our guaranteed constitutional protections when the judicial system is broken?
By the time anyone gets around to fessing up to the truth, Patrick will
be dead, so they will have won. So if anyone is interested, time is
of the essence.
Blessings to All,
Sherry Swiney
www.patrickcrusade.org
Executive Director, PATRICKCRUSADE
ALABAMA HEADQUARTERS
It is the inability to experience the suffering
of another human being
as one's own, that allows gross suffering to
continue on planet earth.
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PATRICK CRUSADE
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People
Aligned
To
Replace
Injustice
& Cruelty with Knowledge
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What is needed is a growth in consciousness,
not a growth of government.
"There is nothing more terrifying than ignorance
in action." - Goethe
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