patrick swiney - an injustice in alabama

http://www.patrickswiney.com/

Please read this link for the sad story of an Injustice in Alabama that is being kept quiet - at least in Alabama.

Who is Patrick Swiney?

Patrick Swiney is a graduate of the Alabama State Police Academy (1967) and the Huntsville Police Academy (1976). He is a former Deputy Sheriff for the Shelby County Sheriff’s Office in Columbiana where he served from 1964-1969; a former Police Officer serving with the Huntsville Police Department in Huntsville (1965-1969), the Vestavia Police Department in Vestavia Hills (1969-1973), and the Gulf Shores Police Department in Gulf Shores (1973-1977). Mr. Swiney served as Vice-President of the Fraternal Order of Police while with the Vestavia Police Department. While working for the Gulf Shores Police Department, Patrick was instrumental in exposing a drug smuggling operation resulting in the conviction of the District Attorney in Baldwin County and the Sheriff’s Department chief investigator. Patrick left police work due to his disillusionment with the law enforcement community (after the drug smuggling incident in Gulf Shores) and went to work first as a legal investigator (1977-1980) and then as an over-the-road driver (1980-1986).

Patrick Swiney has been incarcerated for the past fourteen years.

Attempts were made to procure the original evidence in this case in order to subject that evidence to further testing. All attempts have failed due either to lost/destroyed evidence or requirements by the custodians that a subpoena issue before they will release evidence. The inability to procure the original evidence in this case led Patrick's wife, Sherry Swiney, to procure the services of Dr. Jon Nordby, Ph.D., D-ABMDI, to subject the claims presented by the State, whereby Patrick was convicted, to scientific forensic analysis. Dr. Nordby’s findings show that Patrick Swiney could not have committed the crimes for which he was convicted.

Recent legal action.

A habeas corpus petition was filed today, August 13, 2003, in the Circuit Court of Shelby County, Eighteenth Judicial Circuit in Columbiana, Alabama. The petition is filed under the legal authority of Alabama Rule 32.1(e) by Wilson Myers, attorney for Patrick Swiney, a life without parole inmate currently incarcerated at the William E. Donaldson Correctional Facility near Bessemer.

Mr. Swiney has been in prison since 1989 on a charge of capital murder in the deaths of Betty Snow Swiney and Ronnie Pate near Saginaw in 1987. Previous post-conviction relief efforts have failed in state and federal courts. After 14 years, new evidence has been discovered by forensic expert Dr. Jon Nordby proving that Mr. Swiney did not commit the crimes for which he was convicted. According to Rule 32 a petitioner has one year after the discovery of new evidence to file for relief from the sentence that was imposed.

Mrs. Patrick Swiney has written a letter on behalf of the Swiney family urging the court to rule quickly on this petition as Mr. Swiney is in poor health and requires medical attention for heart problems. Mr. Swiney was transported to a local hospital just weeks ago for heart-related medical problems. The court has sixty days, under Alabama law, to rule on the petition or it is denied by default.

Post-conviction relief efforts in Alabama are limited to new evidence presentation after a petitioner has previously filed a Rule 32 petition; Mr. Swiney filed a prior habeas corpus petition in 1993. There are stipulations to presentation of new evidence that must be met in order to file a successive petition. Counsel for Mr. Swiney declares that all stipulations of Rule 32 have been met.

I have personally seen the evidence that shows that Patrick could not have committed the crime he was convicted of in Alabama. Patrick is a true political prisoner. I used to think that if you went to prison tyou were guilty and that was that. When I started looking at the criminal justce system in Alabama, I was shocked at what I discovered. Prison is big business nad it has been for quite some time. I started to expose this on my radio talk show and became a target myself.My prayer is that Patrick makes it out to have some quality of life with his wife and loved ones before it is too late. Patrick is guilty of exposing corruption in Alabama when he was a policeman. That is his only crime. Sadly most people do not believe that and always side with the officials. If they really knew the real story it would make a difference. My hat is off to Patrick for his pain and sufferring and to his family for all they have endured as well. Even in jail he touches people and helps them through his wife and family and the wonderful organization that holds his name.I hope the world looks in on Alabam ansd says SHAME ON YOU for this injustice. <ay God Bless all who read this.

WHAT HAS HAPPENED TO pATRICK IS TOTALLY WRONG.Anytime we allow wrongs to be covered up you find people who do what they have done to Patrick. This is simply a way to shut him up and to move forward. someone out their in some innocent project needs to step forward and fight for the freedom of Patrick. How in Gods name cn we allow this to go on. Lets keep seeking Patricks freedom

I am a member of Patrick Swiney's legal team and a long time friend of Patrick's wife, Sherry. Working within the courts of Alabama has proved to me the truth of a statement one of my law professors made back in 1985, "The legal system is irretrievably broken." I was stunned and disbelieving when he made the statement. He challenged me to work within the system until I discovered the truth myself. After many years I have discovered that the legal system is not designed to procure justice; it is designed to present a semblance of justice to the masses. That fact is key to understanding the legal system in America.

We are a society based upon the "rule of law" and our law does not serve the people. Habeas corpus is allegedly designed to allow an innocent person to present evidence in an unbiased forum in order to show the illegality of a sentence. However, what habeas corpus actually does in this country is to apply a set of rules and procedures that are nearly impossible for any convicted person to overcome especially if the person does not have massive monetary resources.

In the case of Patrick Swiney, tangible evidence of actual innocence is overwhelming and meets not only the burden of proof required in civil actions (habeas corpus - by a preponderance of the evidence) but the more stringent criminal burden of proof (beyond a reasonable doubt). The prosecution withheld exculpatory evidence and destroyed, tampered with, and fabricated evidence in order to convict Swiney. The prosecution committed fraud upon the trial court and continues to commit fraud upon habeas corpus courts. If the legal system worked in the manner it is proported to work, Swiney would not be in prison today. However the "stated" burden of proof is not the "actual" burden of proof.
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An intricate set of procedures and rules have prostituted justice in habeas corpus, in effect denying the Great Writ in practice. State interest in finality of judgment, federal comity doctrines, and the U.S. Code (AEDPA et al) allow the courts to uphold convictions and further deny due process (5th Amendment). America's onerous, behemoth court system is a societal control tool and has little to do with justice. You see it's not designed for justice in the first place; it is designed to protect the rich at the expense of the poor.

I do not doubt that most judges actually think they are doing a great service to American society since most judges are intelligent, educated, and honest people. Politicians cry foul using the term "activist judges" to apply to any judge with critical-thinking skills. All judges should be activist judges! That attribute is the essence of the job description! When Congress or a state legislature passes a law that is contrary to Constitutional protections, it is the duty of every judge to behave as an activist instead of sitting on the Bench carrying out illegal, unjust laws.

If we had more activist judges in America, there would be no statute of limitations on actual innocence just as there is no statute of limitations on murder. It takes very little time and very few resources to convict an innocent person in this country. That is a fact. The legal system in Alabama is especially onerous; Alabama's "criminal justice system" from the police to the Alabama Supreme Court is an exercise in racketeering. We have proof that this is true. Once an innocent person is caught up in this racketeering enterprise, the possibility of ever seeing justice fall almost to nil.

That's not what politicians, lawyers, and judges tell us. It's not what news reporters are told. In America, a person is guilty until proven innocent. Proving innocence in the face of rules and procedures designed to prohibit habeas corpus is a gargantuan task and does not serve the interests of public policy. Patrick Swiney is still in prison after 17 years while the real murderer(s) walked free. This is the kind of justice accepted by the American people.

I am a personal friend of the Swineys from the Netherlands, I visited them in 2000 when Patrick was still incarcerated at Holman prison.
Patrick still being incarcerated shows how injust / rotten the US legal system is, he can be proven innocent.
It's said so many times by so many people, the US legal system is wrong, it seems they don't want the one behind bars who did it, they just to be able to tell the public we sentenced one.
I can't understand the US citizens still accept this.

They say the system doesn't lie, but corruption is rife. Patrick Swiney is a victim of corruption at its worst. How long is it going to take, how many lives lost and damaged, before the people start to take back their right to Justice and being heard?
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2 Dead In Shootout Between Guard, FBI At Tallahassee Prison--
http://www.news4jax.com/news/9403337/detail.h...
POSTED: 9:24 am EDT June 21, 2006
UPDATED: 3:08 pm EDT June 21, 2006
TALLAHASSEE, Fla.-- A guard at a federal detention center opened fire as investigators came to arrest him and five other guards Wednesday, starting a gunfight that left him and one of the agents dead and a prison officer wounded, a law enforcement official said.
The six guards were indicted Tuesday on corruption charges alleging they brought unidentified contraband into the part of the prison where female inmates were held and sold it or exchanged it for sex with the prisoners or the inmates' silence.

Officials didn't release the shooter's identity, but lawyer Tim Jansen said the slain guard was Ralph Hill, his client.
When FBI agents and Justice Department investigators arrived at the center Wednesday morning to arrest the six men, one of the indicted guards shot a federal correctional institution officer, said FBI spokesman John Girgenti.

The guard opened fire with a personal weapon, wounding another Bureau of Prisons employee, said a law enforcement official who spoke on the condition of anonymity. Agents from the Justice Department's inspector general's office returned fire, killing the guard, the official said, adding that an IG agent also was killed in the exchange.

The agents were not expecting the prison guards to be armed, the official said, although he could not immediately explain why.
The condition of the survivor and identities of the victims were not immediately released.

"The community is safe. The institution is in lockdown status," federal Bureau of Prisons spokeswoman Carla Wilson said.
The six corrections officers were indicted for allegedly taking money from inmates and smuggling contraband into them. In addition to Hill, they are identified as Alfred Barnes, Gregory Dixon, Vincent Johnson, Allan Moore, and E. Lavon Spence.
The indictment accused five of the guards of having sexual contact with eight inmates from September 2003 through September 2005 in exchange for alcohol, drugs and money.
Besides using contraband to bribe inmates to keep quiet, the six were accused of threatening to plant contraband in their belongings or have them shipped to another facility farther from their friends and families if they reported the illegal activity.
The guards showed inmates information about themselves and other prisoners on the prison system's computer system to prove the latter threat was real and that they could be tracked anywhere in the system, according to the indictment.
It stated the guards coordinated among themselves to switch duty assignments and take other steps to facilitate their contact with the female inmates.
The other five guards entered not guilty pleas in federal court and are scheduled for a detention hearing Thursday, said Alan Sprowls, a spokesman for the U.S. attorney's office. Trial is set for Aug. 21.
They are Alfred Barnes, Gregory Dixon, Vincent Johnson, Alan Moore and E. Lavon Spence.
The detention center houses mostly men and is part of the Tallahassee Federal Correctional Institution. A low security prison for female inmates is next to the detention center. Together the men's and women's units total 1,445 inmates.
Tallahassee police sent every available squad car immediately to the scene at about 7:45 a.m. after it received a 911 call from the prison, spokesman John Newland said.

"Any time you hear shots fired, everybody comes together," he said.

The department's forensic team was also on site.
Channel 4's Emily Pantelides is in Tallahassee learning more about the shootings. She'll have complete, live reports on the local station beginning at 5 p.m.

Where is the Justice here!!!People need to wake up to the sad Facts, on how Injust-crooked this case, as well as thousands of others are! How many people have they killed that we innocent already!?!? The general public, tends to turn the other cheek-what if this happened to your loved one!?!?!? Can you even imagine what Sherry Swiney has and is going through!! They want to let an INNOCENT man die in Prison!! This is so very wrong!All the people who have studied, this case, and the lawyers-the PROOF is right there, black and white, just look at it!!!!This was a set-up, someone was out to get this INNOCENT man! Wake up America PLEASE before it is too late. This is a disgrace to the American Justice-Injustice System. If there are any media, reporters, that see this,PLEASE,PLEASE think about, saving this INNOCENT man! God Bless Us All!!!

I read the case. It is so sad when someone who has always been on the side of the law is being burried under a mountain of injustice. I see police corruption all the time and my own fiance spent jail time over false statements by police. I'm not surprised this goes on. I hope one day we can all stand up and face these tyrants, after all, can they really stick us ALL in jail? I just hope that his health hangs in there and he is released soon. Something has got to give in this case. My heart pours out to his family, friends and others wrongly convicted. Hugs, Jen.

How can I begin to help him? He is one of the many cases of injustice in this state. The seemingly international interest in this has peaked my interest.
Where should I start??

Four years ago I was searching the internet to locate wrongfully convicted websites in order to do some research when I came upon Patrick Swiney's case. I came in contact with Sherry and have since kept in touch with her and have literally felt Patrick and Sherry's pain when dealing with Alabama Justice System. I too, have a husband that was a convicted of a murder he did not commit, so therefore I know all too well the struggles in trying to find relief on his Life Without Parole status.
When I pray each night, I've always included Patrick and Sherry in my prayers. I admire Patrick and Sherry's strength as they continue to NEVER GIVE UP.

I have studied this case and I can tell you that Patrick Swiney is INNOCENT and that he was SET-UP for this crime. Now that may sound too far fetched to be the truth, but I have had something happen to me that convinces me that it is indeed possible and that it is indeed true.

I was the victim of a violent crime here in Cherokee County, Georgia, and I was FALSELY ARRESTED as the PERPETRATOR! I filed a report that same day, yet critical statements that I told the deputy were left out of my report. When I got a copy of the report I franticly attempted to contact the deputy to correct this. He did not return several calls so I went to the precinct to file a “Supplemental Report” with the correct facts, and I was DENIED THIS RIGHT and THREATENED WITH ARREST! I was then FALSELY ARRESTED and after my arrest, the former detective Peavy committed heinous crimes in his every attempt to MANUFACTURE my guilt. The only witness at the scene, a very respectable citizen, was NEVER interviewed. A recorded interview with the accuser contradicted virtually every statement in her initial report! A transcript from a recorded conversation with the accuser and I, that proved my innocence, was DOCTORED to end just before statements were made by the accuser that CLEARED ME and PROVED THE ACCUSER TO BE VIOLENT AND A LIAR. Critical exculpatory evidence was IGNORED when collected by the State and then this critical evidence was ALTERED before being brought into MY TRIAL.(continued)

The only reason I WON THIS BATTLE was because I was always a step ahead of them. I had recorded the other end of the conversation of the doctored transcript. I had gotten an expert witness to observe this evidence that cleared me, months before it was collected by the State and then altered before being brought into my trial.

The crime of Felony Tampering with Evidence was committed in order to eliminate critical evidence that was the crux of my defense. Then the judge made light of this crime and covered up for it!

This NIGHTMARE IN GEORGIA when on and on and on. I went to nine more trial calendars, but they would never take me to trial again. It was four years and three months from the date of the incident before I received the order that ALL MY CHARGES had been DISMISSED. Sadly, two weeks after the death of my beautiful, sweet and talented mother.

Patrick Swiney is innocent, just as I was innocent. I should, by all indications, be sitting in prison for 20 to 35 years for AGGRAVATED ASSAULT and several misdemeanor crimes that I DID NOT COMMIT. IN FACT I WAS THE VICTIM!!!!! The LEGAL SYSTEM IS BROKEN and the IMMUNITY LAWS ARE ABSURD, and each individual must have the courage to stand up to it in order to bring about the change that is so desperately needed.

Simply put “Kerry Walker Story” in a search engine and read all about my REALITY. This should NEVER HAPPEN IN AMERICA but it happens so much that it should make you sick! Now I lost my home and only own a small cabin. I have no money and I have not be able to find a regular job. My health has been ruined and it's difficult to function for long periods of time. I wonder if we should call this winning...

Some react with sadness

By M. Elizabeth Roman and Mary Jo Hill TELEGRAM & GAZETTE STAFF
eroman@telegram.com
mhill@telegram.com

FITCHBURG— Her arms crossed, Vanessa, 16, shakes her head when she learns the state trooper who killed the father of her nephew will not be indicted on criminal charges.

“I was hoping they would do something (to punish the trooper),” Vanessa said. She didn’t want to give her last name for fear of police retaliation.“They didn’t have to shoot him the way they did.”

Preston D. Johnson, 30, shot by state Trooper Donald C. Gray Nov. 30 after a police chase, had spent time in prison for firing shots at Fitchburg State College students in 1997.

Family members said their emotions were raw during a closed February inquest in Clinton District Court.

Judge Robert V. Greco filed his inquest report March 27, which concluded that Trooper Gray’s act was “wanton and reckless” and “criminal negligence.” The judge’s report was made public yesterday.

Mr. Johnson’s name has been a rallying cry against police harassment for some in sections of Fitchburg where he lived and died.

Vanessa said she owns two “Preston” T-shirts with a portrait of Mr. Johnson on the front and an obscene anti-police slogan on the back. She bought the shirts at Consequence Ware, a Main Street business, but said people in the neighborhood are getting them custom made everywhere.

“The cops are always in the right, no matter what,” Vanessa said.“We are still in mourning. Preston was going to school to be a barber, he has a family; the police don’t realize that.”

Lawyer Stephen B. Hrones, who is representing Mr. Johnson’s family in the matter, said it was amazing that the grand jury returned a no bill.

“That’s mind boggling,” Mr. Hrones said.“Here’s a judge — an unbiased judge — who finds criminal negligence and didn’t believe Gray.”

Mr. Hrones said he does not believe Mr. Conte’s office went after the indictment enthusiastically.

And Mr. Hrones said he believes it is unheard of for a judge to make a recommendation in an inquest and then to have a district attorney say he was hoping not to get an indictment.

In an interview yesterday, Mr. Conte said he believed grand jurors made the right decision.

If Trooper Gray had ended up being convicted, Mr. Johnson’s family would not have been able to sue successfully, Mr. Hrones said. A civil suit could allege negligence, but if there had been criminal activity, the state could not pay any damages under law, he said.

“We wanted an indictment because we feel he did murder the victim. At the very least, it was criminally negligent,” Mr. Hrones said. But the family would have lost its right to effectively sue, he said.

“We have mixed feelings about this,” Mr. Hrones said.

It would have been tough to get a jury in Worcester County to convict an officer of manslaughter, he said.
Lawyer Joseph P. Kittredge, who represents Trooper Gray, said the grand jury’s decision is “a clear vindication of what my client did on that occasion.”
Trooper Gray has maintained from the beginning that he was required to defend himself and Fitchburg Police Officer Douglas Darton, Mr. Kittredge said.
The grand jury’s decision is a great source of relief for Trooper Gray, his lawyer said.
As for Judge Greco’s report, Mr. Kittredge said he believes it omitted significant facts that supported Trooper Gray’s position about the dangerousness of the situation.
The trooper made the right decision in the seconds he had to consider what to do, Mr. Kittredge said.
Mr. Kittredge said his client was quite surprised that his conduct on that night was put in a criminal context by the judge’s findings, and this added to Trooper Gray’s stress.
Trooper Gray has continued to work, Mr. Kittredge said.
Mr. Kittredge said he believes that a jury of Trooper Gray’s peers in federal court would also find that the shooting was justified and did not violate Mr. Johnson’s civil rights.
“I know he was running from the police. But there were other things he could have done. They didn’t have to kill him,” said Sabrina, 19, and a friend of Mr. Johnson and his family. She didn’t want to give her last name for fear of police retaliation.
“I feel scared to even be next to a cop because I’m not sure what they will do to me. We have the right not to get shot,” she added. Sabrina, who lives on Elm Street, said she is frustrated by the apparent lack of respect police have for residents in so-called target neighborhoods.
“I mean they came in here and pushed all the residents around,” she added, in regards to a liberty march organized by City Councilor Ted E. DeSalvatore last week.“It was a joke. They don’t know what it’s like to live here.”
Carol A. Navin of 31 Spruce St. was called to testify in the case in February because she witnessed the incident from her second-floor window. She said she was shocked about the grand jury’s decision.
“In my mind, the trooper used excessive force,” she said.“Not all state troopers are bad. But in this case, things just didn’t add up.”

Some react with sadness

By M. Elizabeth Roman and Mary Jo Hill TELEGRAM & GAZETTE STAFF
eroman@telegram.com
mhill@telegram.com

FITCHBURG— Her arms crossed, Vanessa, 16, shakes her head when she learns the state trooper who killed the father of her nephew will not be indicted on criminal charges.

“I was hoping they would do something (to punish the trooper),” Vanessa said. She didn’t want to give her last name for fear of police retaliation.“They didn’t have to shoot him the way they did.”

Preston D. Johnson, 30, shot by state Trooper Donald C. Gray Nov. 30 after a police chase, had spent time in prison for firing shots at Fitchburg State College students in 1997.

Family members said their emotions were raw during a closed February inquest in Clinton District Court.

Judge Robert V. Greco filed his inquest report March 27, which concluded that Trooper Gray’s act was “wanton and reckless” and “criminal negligence.” The judge’s report was made public yesterday.

Mr. Johnson’s name has been a rallying cry against police harassment for some in sections of Fitchburg where he lived and died.

Vanessa said she owns two “Preston” T-shirts with a portrait of Mr. Johnson on the front and an obscene anti-police slogan on the back. She bought the shirts at Consequence Ware, a Main Street business, but said people in the neighborhood are getting them custom made everywhere.

“The cops are always in the right, no matter what,” Vanessa said.“We are still in mourning. Preston was going to school to be a barber, he has a family; the police don’t realize that.”

Lawyer Stephen B. Hrones, who is representing Mr. Johnson’s family in the matter, said it was amazing that the grand jury returned a no bill.

“That’s mind boggling,” Mr. Hrones said.“Here’s a judge — an unbiased judge — who finds criminal negligence and didn’t believe Gray.”

Mr. Hrones said he does not believe Mr. Conte’s office went after the indictment enthusiastically.

And Mr. Hrones said he believes it is unheard of for a judge to make a recommendation in an inquest and then to have a district attorney say he was hoping not to get an indictment.

In an interview yesterday, Mr. Conte said he believed grand jurors made the right decision.

If Trooper Gray had ended up being convicted, Mr. Johnson’s family would not have been able to sue successfully, Mr. Hrones said. A civil suit could allege negligence, but if there had been criminal activity, the state could not pay any damages under law, he said.

“We wanted an indictment because we feel he did murder the victim. At the very least, it was criminally negligent,” Mr. Hrones said. But the family would have lost its right to effectively sue, he said.

“We have mixed feelings about this,” Mr. Hrones said.

Patrick Swiney and his wife Sherry Swiney are on our team.
www.iippi.org
Innocent In Prison Project International

Vestavia Hills Resident wrote:

How can I begin to help him? He is one of the many cases of injustice in this state. The seemingly international interest in this has peaked my interest.
Where should I start??

If you have any contacts with the news media, that would be helpful. This case needs to be exposed to the public.