Sunday, October 31, 1999
EPILOGUE
Patrick has been sincerely seeking refugee
status for a long time. He wrote
a letter to Alabama Senator Sonny Callahan requesting information about how to
obtain political asylum. In response, the good senator sent a letter to the
Commissioner of the Alabama Department of Corrections requesting that they
respond directly to Patrick. The
Senator's and the DOC's letters are enclosed.
Please note that the Commissioner of Alabama DOC has written that when
Patrick receives an invitation for political asylum, they would be most happy
to help Patrick all they can.
The enclosed documents are representative
of the case of Patrick Swiney, U.S. Citizen, imprisoned arbitrarily
I am Mr. Swiney's wife of 3-1/2 years [we are both now 55 years old].
I am taking this opportunity to speak to you on this issue because, by
my husband's wrongful incarceration, my life and liberty is being taken away
too. Each day, as the injustice
system in America chips away at my husband's life, it chips away a piece of my
life as well. I have not been
accused of breaking any law, yet there is punishment for me for standing up
for my husband's innocence and mistreatment by the Courts in this land and by
the prison system that holds him in autocracy.
In spite of the dangers to our lives - especially my husband's life - I
am noted by friends, family and colleagues as a warrior for Truth.
Truth about my husband's case and truth about how the United States of
America no longer has my respect. I
used to be a Patriot, as was my husband.
As we presented the Truth of his case to the Courts, instead of seeing
the evidence of innocence and judicial error and proclaiming, "What were
we thinking?" and doing the right thing, the Courts hid behind the legal
blanket [and power] of denial by way of continuing to hold an innocent man in
prison rather than acknowledge that a terrible mistake has been made.
The more we speak out in anguish about the grave injustice that has
been done, the more we are violated. Allow
me to give you an example:
I have documentation to substantiate that
the U.S. Congress asked Patrick and I to refrain from the phrase
"political prisoner", stating that they preferred us to speak of his
imprisonment as being politically motivated. Political - not because of conscience but because of
politics. We changed our
phraseology because Congress said we would have a better chance of receiving
help, but no help came. Also,
just last week, I was informed by an attorney's assistant [in writing] that
attorneys in California have stated we will never get any legal help as long
as Patrick's documents are up on the World Wide Web.
I have been told to edit those documents so as not to offend anyone in
Alabama or the High Courts. Our
documents speak the truth. They
show the errors in Patrick's trial, that all the courts continue to ignore
with utter indifference. They are
up on the Web precisely because American Courts have broken their own laws in
an effort to keep Patrick in prison for political reasons.
While our documents show our anger and discontent with our government
because of what they have done to Patrick and many others in this country,
they do not exaggerate or lie. In
addition, this week I asked an Alabama attorney if there was any chance the
prosecuting District Attorney would soften his heart to help Patrick come
home. The attorney responded,
"I doubt it because it's all so political."
This government - and even attorneys from
over 2000 miles away [California] - and all the government's sleeping pied
pipers feel quite comfortable violating our First Amendment rights to free
speech to help Patrick, as though such a violation is of no importance - or
has no validity - in a Democracy. I have informed these people, that I would try to have the
Internet links to Patrick's web sites terminated, but I will not edit them
because that would be a lie. But
I am not the creator of these Web Sites, which means others [the ones who have
the computer codes] would have to agree to this censorship.
I don't think they will do that because censorship in America is
against the law.
In this circumstance, would members of
this High Commission feel assured that Patrick would receive a fair
trial/hearing after the web links are terminated? These demands to stop our efforts in seeking help for Patrick
remind me of "gestapo" tactics: I either take down these web sites,
or edit the documents, or Patrick will never receive any help from any
attorneys or courts. Were I able
to take them down, we know Patrick won't be helped because nothing in the
Courts will have changed. The
same individuals will still be running their show of unconstitutional
activities with impunity. Perhaps
the proper term for these illegal actions by USA authorities against law
abiding Citizens, should be "racketeering," like the Mafia does. Indeed, what has happened to Patrick is "payback
Alabama style" and it's being condoned - even promoted by the high
courts. Payback by way of
unscrupulous officials in Alabama turning their heads the other way when they
saw the DA's vendetta against Patrick
and by way of the prosecuting DA's attempt to cover up the fact that he was
guilty of adultery with Patrick's then wife,
thus, the DA abused his judicial powers to prevent adultery from being proven
in court to avoid a scandal or perhaps to avoid being considered culpable in
the death of the victims.
There is one thing Patrick didn't mention
in this request to this High Commission for relief regarding the period when
he was put in "the hole" [and nearly killed] for writing his
article, titled "Too Late To Debate???":
A few months ago, Patrick filed for documents that existed on himself
in the records of the U.S. Marshal's office in Mobile, Alabama, by way of the
Freedom of Information Act. The
document Patrick received from the U.S. Marshal's office indicates there are
no records in their files on Patrick Swiney.
We wrote back to them, sending them a copy of the newspaper article in
the Birmingham News, which states that the spokesman for DOC said that the
U.S. Marshal's office had been asked by an Alabama Judge to have Patrick
Swiney thrown in the hole with a gag order, for writing his article on prison
conditions. I imagine the U.S.
Marshall's office is still thinking about what will be done about this
contradiction, where any conspiracies to "cover-up" the Federal
Judge's illegal action are now impossible to achieve.
As indicated above, they want the link to such web sites terminated
[but a copy is enclosed in this 3-ring binder], "or Patrick will never
receive any help."
America's broken judicial and penal system
needs to be exposed because too many people are getting hurt.
If this High Commission acts favorably to Patrick's request for relief,
it may open some doors to exposing the numerous wrongly incarcerated in
America. Perhaps it may cause a
backlash of actual justice and due process for all in America.
Perhaps many families will be reunited that never should have been
separated.
Because of my first-hand experience of being a
family member of one who is arbitrarily imprisoned and is indeed imprisoned
for political reasons in America, I founded the Patrick Crusade Organization.
It stands for People Aligned
To Replace Injustice & Cruelty with Knowledge.
I founded this human rights and restorative justice organization in
honor of my husband, but also in honor of all Americans who are wrongly
incarcerated or being abused within America's prison system.
Now, because the Truth about Patrick's case may offend Alabama Courts
and Officials - the ones with the power - not only are Patrick and I being
directly discriminated against for what we say, but the entire Patrick Crusade
Organization, with members from all over the world, is being discriminated
against by way of me being told to censor our web site links "or Patrick
will never receive any help."
This High Commission may not be aware that 5.9
million people are in the American penal system today.
Of that number, approximately 2 million people are in American prisons.
One in every 50 Americans has a friend, acquaintance or family member
in prison. This figure is growing
at an alarming rate.
Together with the number of family members
who are joined in the punishment, this represents a shocking proportion of our
society. "There,
but for the grace of God (and a network of wealth- enhanced connections!) go I,"
has never rung more true at any other time in American history.
Amnesty International has focused it's attention on the greatest
democracy of the world precisely because, rather than setting an example,
Americans regard U.N. Treaties as something exotic and created for others.
The abuse of human, constitutional and civil rights has become the
shaming of America. The Patrick
Crusade Organization is committed to the principle of equal justice and rights
for all, regardless of their income, race or political persuasion.
The principle of "better let ten guilty men walk free than
incarcerate one innocent one" used to be a fundamental part of our
judicial heritage. Patrick
Crusade members [including Patrick and I] believe that this principle has been
turned on it's head, and that the entire judicial process in the USA has been
politicized, where judicial misconduct is running rampant.
We work within the law [man's and God's]
inviting the whole world to help us stop the shaming of America.
That snowball has already begun. The
authorities in Alabama cannot stop what has already been launched, even if I
do manage to get our web site links censored.
The lie has out-lived itself and it is time for the truth to prevail.
Too many people are becoming aware that the criminal justice system in
America is broken and that the U.S. Constitution has no more meaning, or that
"Due Process under Law" no longer exists in this country that used
to be so great.
Patrick and I are well-educated people.
He has a background in law enforcement and residential electrical and
mechanical services. He is a
pilot. He studied first aid and other life-saving courses.
He is a life-saver, not a life-taker.
Never once was he in trouble with the law until he was imprisoned for a
crime he did not commit. I am a
civil engineer with a background in infrastructure and vertical structures.
We both have skills in gardening and raising small farm animals in
environmentally sensitive ways. We
plan our lives as free people would - talking about building our own home when
he is free and living out the rest of our lives quietly in the countryside.
We talk about how much we would like to go to a third-world country to
help the impoverished by way of teaching them how to become self-sufficient,
thus removing a grand burden from that country's budget.
We have spoken and dreamed of sailing down the Tennessee River here in
the United States. But that was
before we realized our citizenship no longer has any meaning, because our
government continues to ignore its own laws of the land.
Enclosed in this 3-ring binder, you will find
the scientific forensic tests done by the State of Alabama that
demonstrate the fact that Patrick didn't even handle a discharged weapon that
day [no gun powder residue and no blood on his skin or clothing].
You will find a small note at the bottom of the "official"
report that says there are some .22 caliber weapons that do not reveal gun
power residue. This note was
placed there to be intentionally misleading.
Behind the forensic reports, you will find statements by ballistic
experts stating that this particular model of .22 [AR7 .22 semi-automatic
rifle] cannot possibly be shot by anyone without getting gun powder residue on
their skin and clothing. A number
of ballistics experts were interviewed. Their
reports indicate a variety of opinions. Yet
they all agree that it is impossible to determine factually that Patrick was
the shooter.
Actually, it doesn't matter what these forensic
reports say now because they were never introduced at Patrick's trial.
The DA suppressed them, and now I have been informed that because these
documents existed during the time of the trial, they do not fall into the
Court's category of "new" evidence, even though they were suppressed
so the jury could not examine them. Nor
were any ballistics experts asked to explain the little note at the bottom of
the report so the jury could hear that this particular model of .22 does not
apply to that note, and that it is impossible to prove that Patrick did the
shooting. On this point alone, Patrick should be released, spending no
more time in prison where his health is so fragile and continues to get worse.
If it cannot be determined that a man even handle the so-called murder
weapon - or any weapon - on the day of the shootings, how can he be found
guilty of premeditated murder and sentenced to death in prison?
Even if he did do the shooting, he would have to have done this while
he was unconscious because the last thing he saw before he was struck on the
head, was his new wife of only 5 months, and a man committing adulterous acts
(she had her sweater raised and he was fondling her bare breasts while in the
throws of passionately kissing each other).
It was only later that the man was identified by others as her
ex-husband.
Is an unconscious person able to shoot a rifle?
If so, then is that a "premeditated" shooting?
If called under oath, the police (who knew him from the FOP) would have
to testify that Patrick told them of the blow to the back of his head, yet
they did not order a medical examination to verify, and that was the very
first thing they should have done. Instead,
they looked the other way - "payback Alabama style."
And if the Judge is called under oath he would have to testify that he
told the DA, the defense and one other attorney in chambers, that the very maximum
they had was manslaughter, which means that if Patrick had done the shootings,
he should have been out of prison two years ago. Still, the scientific tests show he did not do the shootings.
When Patrick is released and has received
the medical help he needs, I feel confident he will be strong enough to work
with me toward one of the above mentioned free-world goals.
I know these are his dreams with regard to the rest of our lives.
They are mine too. God
willing and with your help, one of those dreams will be fulfilled.
Please, we need to be heard impartially.
Most Respectfully Yours,
Sherry Swiney (wife)
P.O. Box 1891
Alabaster, AL 35007
205-621-7699
Attachments:
-
DOC letter and Sonny Callahan's letter
-
US Marshal's Office Letter, and Internet Step-by-step Report of Alabama
Chief Federal Judge throwing Patrick in the hole for writing an article.
-
Special Report - Win at All Costs
-
Patrick's and Sherry's resumes
Baldwin County DA and Chief Investigator for the Sheriff's office were sent to
federal prison for racketeering, based on Patrick's investigation while he was
in the police force. As
Vice-President of the Fraternal Order of Police (FOP), Patrick was hard on the
men who were unscrupulous [to get even, one Sgt. lied on his police report and
in the trial] - affidavits and testimony can be made available.
Affidavits can be made available; witnesses are willing to testify; high
school year books will confirm that the prosecuting DA and the victim were
sweethearts since high school days.
Trial testimony indicates that the DA told the Coroner's office not to perform
the vaginal swab and fingernail cultures during autopsy. Thus this exculpatory DNA evidence was destroyed and
destroyed forever.
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