Innocent In Prison Project International

[admin]

Ronald Patrick Swiney
154406
Donaldson Correctional Facility
100 Warrior Lane
Bessemer, AL 35023-7299
USA

DOB 10/24/1944
possibly innocent

Case No: CC-88-077
Date of the Crime: 12-10-1987
Date of Conviction: 6-12-1989
Sentence: Life without parole for capital murder

www.patrickswiney.com
http://www.patrickswiney.com/legal_index.html
www.patrickcrusade.org

[admin]

[admin]

An update on Patrick's case:

The Alabama Court of Appeals affirmed the conviction on 1/7/05. Patrick's attorney filed a Motion to Add Facts and an Application for Re-hearing on 1/20/05. We are waiting for the court's decision. It is a blow to us to receive a decision like this when we have proved Patrick's innocence with irrefutable scientific evidence. People who don't keep up with legal matters in this country might wonder how in the world a Court could fail to see proof of innocence. That can be explained very easily with this quote: "it's amazing the lengths to which people will go simply to be right." A copy of the Court's Opinion (36 pages) will be scanned and added to www.patrickswiney.com as soon as I receive it. For any law student, following this case would be an invaluable lesson on how the court system operates in Alabama, USA.

If any student of law is interested in reading the trial court transcripts, as a "case study", I have a copy on CD that is available for the asking. It is 1500 pages long by the way.

Love and Blessings,
Sherry Swiney
Director, P.A.T.R.I.C.K. Crusade
"People Aligned To Replace Injustice & Cruelty with Knowledge"
www.patrickcrusade.org

Petition - Stop Prisoner abuse-torture-murder in American Prisons
http://www.petitiononline.com/swiney12/petition.html

[admin]

Lawsuit filed against Judge John Rochester who was Patrick's trial judge.

http://www.patrickcrusade.org/al_state_december_09_01.htm.
http://www.patrickcrusade.org/judgerochester_05_06_97.htm


http://news.corporate.findlaw.com/ap/f/66/06-21-2005/28570026c338d4da.html

Tuesday, June 21, 2005

Complaint Filed Against Vioxx Case Judge
By PHILLIP RAWLS Associated Press Writer

(AP) - MONTGOMERY, Ala.-A conservative legal group based in Washington, D.C., has filed a judicial ethics complaint against an Alabama judge who accepted large campaign contributions from attorneys pursuing a Vioxx wrongful death lawsuit.

The complaint filed by the Washington Legal Foundation against Clay County Circuit Judge John Rochester contends he failed to conduct himself in a manner that promotes public confidence in the integrity and impartiality of the judiciary, which is a violation of Alabama's judicial ethics rules.


In response, Rochester said attorneys for Vioxx's manufacturer, Merck & Co., had not complained about the donations and had not asked him to step aside from the case.
"I would think it would be meritless," Rochester told The Associated Press in a telephone interview.

Paul Kamenar, senior executive counsel of the Washington Legal Foundation, said Rochester had an obligation to remove himself from the Vioxx case even if none of the parties complained.
The foundation's complaint involves the Beasley Allen law firm's representation of Cheryl Rogers, an Alabama woman who filed a wrongful death suit against Merck on behalf of her husband, claiming the Vioxx pills marketed by the New Jersey-based drug maker led to his death.

Her suit had been scheduled to be the first Vioxx case to go on trial in the United States, but Rochester delayed it last month at the request of a federal judge handling many suits over Vioxx.
In April, The Associated Press reported that the Beasley Allen firm contributed $60,000 to Rochester's unsuccessful campaign for the Alabama Supreme Court last year by funneling it through political action committees. That prevented the law firm's name from showing up on Rochester's campaign finance reports.

The Washington Legal Foundation, which filed the complaint, is a nonprofit group that says it "fights activist lawyers, regulators, and intrusive government agencies." It gets donations from individuals, other foundations and businesses. Kamenar said he is not involved with fund-raising and could not immediately say whether Merck is a contributor.

The foundation's complaint says Alabama's Canons of Judicial Ethics require judges to avoid situations where their impartiality might be questioned.

"WLF submits Judge Rochester's impartiality in the Merck case might be reasonably questioned because of the amount and timing of campaign contributions from Beasley Allen," the complaint said.

The contributions represented 11 percent of Rochester's total contributions and 22 percent of the contributions he received in the crucial final month of the campaign, Kamenar said.
Margaret Childers, director of the Judicial Inquiry Commission, said the state constitution bars her from commenting.

The commission reviews complaints against Alabama judges, much like a grand jury, and decides whether to forward them to the Alabama Court of the Judiciary. If the court decides a judge acted improperly, it can take actions ranging from a reprimand to removal from office.

Rochester said the Beasley Allen firm joined the lawsuit after it was filed by another firm. He said he was not aware of the Beasley Allen firm's involvement in the Vioxx case until after his 2004 Supreme Court race, which he lost.

He said he also received campaign support from lawyers on the other side of the Vioxx case, but he was not immediately sure how much.

Montgomery lawyer Jere Beasley, founder of the Beasley Allen firm, described Rochester as "a tough, fair judge."

"Had he been trying to help us, he would not have continued the case," Beasley said.

The attorney said his law firm made its donations through PACs because that is the way many candidates like to get contributions. He said many businesses also use PACs to contribute to candidates for the Alabama Supreme Court.

2005-06-21T21:48:21Z

Blessings,
Sherry Swiney,
www.patrickswiney.com
Patrick Swiney - Innocent in Prison
154406 G79
100 Warrior Lane
Bessemer, AL 35023

[admin]

For the record, here is my letter to PHS. Hard copies will be in tomorrow's mail.

August 22, 2005

Prison Health Services (PHS)
105 Westpark Drive, Suite 200
Brentwood, TN 37027
Phone: 800-729-0069 – Fax 888-729-0069
Andy Swartz at Ext. 317 PHS legal department



Re: Patrick Swiney; lack of or indifferent medical care



Dear Mr. Swartz:

I left you a voice message last night letting you know about the situation with my husband, Patrick Swiney, in that he is having difficulty breathing and needs oxygen right away. I also conveyed in that voice message that the cardiologist he saw in April 2005 told Patrick he was prescribing follow up treatment with a cardiovascular physician for an arteriogram.

As you know, lack or indifferent medical care is a violation of the eighth amendment of the United States Constitution and a section 1983 violation as well.

Patrick’s criminal case is coming before Federal Court very soon where he will be able to show the evidence of his actual innocence. I am not the only one who is beginning to see that the consistent lack of medical care over the years has been deliberate in an effort to ensure that Patrick does not survive his day in court where he will be found innocent and where, possibly, those who committed the crime in question and/or the conspiracy to imprison him illegally, shall face imprisonment themselves for their dirty deeds against this warm and loving man.

I know it is none of your (PHS’) concern whether a prisoner is guilty or innocent but let me tell you that Patrick was framed for murder because he was instrumental in the arrests and convictions of a district attorney and chief investigator for the sheriff’s office in southern Alabama for drug smuggling and racketeering. It is not important that you believe he is innocent or not, but it IS very important that Patrick receive immediately the medical attention his condition requires. He is being denied this at the moment. The Charter of Rights and Liberties and the U.S. Constitution both outline that a human being must receive medical care if needed, whatever his station in life, whatever his means or social status.

PHS is responsible for complying with its contract with the State of Alabama and Alabama is responsible for ensuring that PHS complies with said contract. Anything less than that is criminal and worthy of criminal charges against all those who are responsible and liable for the health of a human being in its care.

I am therefore demanding that Patrick be taken immediately to see a qualified cardiovascular surgeon as the cardiologist ordered in April 2005. Should this physician determine that surgery is required to keep Patrick healthy, then neither PHS or the DOC have the authority to deny this for he would die before seeing his day in court and his subsequent freedom. Do not allow PHS to be a party to this for it shall be deemed premeditated murder by all who over the years have watched – and documented – the continuous denial of medical care for Patrick Swiney. The fight for his medical care has been strong, loud and continuous over the years, and yet today we STILL have the same negligence.

This is malicious indifference to his medical needs. You have the authority to overcome this if you so choose. I recommend you choose properly and ethically now.

Respectfully,

Sherry Swiney
P.O. Box 1891
Alabaster, AL 35007
Phone: 205-621-7699



Copies to:

Governor Bob Riley
State Capitol
600 Dexter Avenue
Montgomery, Alabama 36130
Phone: 334-242-7100 – Fax 334-353-0004
Email: http://www.governor.state.al.us/contact/contact_form.aspx

Warden Kenneth L. Jones
Donaldson Correctional Facility
100 Warrior Lane
Bessemer, Alabama 35023
Phone: 205-436-3681 – Fax 205-436-3399

Prisoner Commissioner Donal Campbell
Alabama Department of Corrections
301 S. Ripley Street
P.O. Box 301501
Montgomery, AL. 36130-1501

Stephen Bullard Special Projects 334-353-4341
Tel: 334/353-3883 – Fax: 334-353-3891
Email the commissioner: pio@doc.state.al.us

U.S. Attorney
Alice H. Martin
1801 Fourth Avenue North
Birmingham, AL 35203-2101
Phone: 205-244-2001 – Fax: 205-244-2171



REPORT – REQUEST FOR MEDICAL CARE

PATRICK SWINEY CASE

(The urgent need for an appointment with a qualified Cardiovascular Surgeon)
by Sherry Swiney

August 19, 2005

MEDICAL HISTORY BACKGROUND

Patrick Swiney (Ronald Patrick Swiney) suffered three heart attacks in 1989 with 100% blockage in one artery, 85% in another: in total blockage in four arteries. An angioplasty was performed two days later which included terrible abuse while in the hospital http://www.patrickcrusade.org/abuse.htm He had not had a stress test or angiogram since 1989 – that’s 16 years ago. Should either of these tests be performed, it would surely show an immediate need to have bypass surgery. Yet, the medical provider for the Alabama Prison system (a publicly owned corporation on the US stock market, PHS, with a long history of medical abuse http://www.patrickcrusade.org/PRIVATE_HEALTH_CARE_DEATH_SENTENCE.html) waits for a massive-fatal heart attack before anything will be done.

The heart is a precious lifeline that keeps us alive. A cardiovascular surgeon performs operations on the heart and blood vessels of the body. There are a number of different types of operations on the heart, including replacement of heart valves, or bypasses of blocked coronary arteries. Specific surgeries include: permanent transvenous pacemaker insertion and follow-up care, cardiac surgery of the coronary artery (bypass), surgical treatment of valvular heart disease, surgical treatment of artery problems for lower extremity occlusion, and aortic aneurysm, surgical treatment of carotid artery problems and of lung and esophagus problems.

If a person's heart condition poses a significant risk to their health and livelihood, surgery is the preferred method of treatment. Cardiovascular surgeons most commonly perform coronary artery bypass surgery, involving bypassing the blockage in the coronary arteries with a blood vessel taken from another part of the patient's body. Since the first operation successfully completed in the 1960s, many different improvements and variations in techniques have been developed, including a new technique called minimally invasive coronary artery bypass (MIDCAB), or limited access coronary artery bypass. In contrast with conventional CABG, which is an open-heart surgery, this procedure is done through a smaller incision over the heart to access the coronary arteries.

In April 2005, after fighting diligently for over a year for Patrick Swiney to be sent to a free world hospital for a stress test, that stress test was finally performed. The results were verbally given to Patrick as follows: “43% of your heart is gone. You will not survive another heart attack. We are prescribing that you see a cardiovascular physician for an arteriogram.”

For reasons unknown to us, Patrick was then given a new prescription. The drug was niacin and he had an allergic reaction to it which he immediately tried to report to “Medical”. He was prevented from being seen by a physician. He immediately ceased taking the niacin because it was making him so sick.

Today, Patrick is continuously out of breath. The blood circulation is so poor that insufficient oxygen is available for him to breathe normally. He has difficulty walking from the dorm to pill call and the guards merely tease him about not being able to breathe, laughing heartily. Rather than be alarmed as normal human beings would, his well-being is a joke to them.

This is not a joke to us; Patrick needs help. As a prisoner he is at the mercy of his keepers who are not doing the job we are paying them to do.

As stated above, an appointment with a cardiovascular surgeon and an arteriogram was ordered by the doctor. This order has been repeatedly ignored. Patrick Swiney needs to see a cardiovascular surgeon now. He is provably innocent of the crime for which he was convicted http://www.patrickswiney.com and has spent 16 years in prison for something he did not do, and now the prison system ignores even the most basic of medical treatment for this innocent man! Let the doctors decide after the arteriogram what surgical treatment is needed to sustain his life while his legal team adjudicates his case – not the prison guards, DOC, or LPN’s for PHS who are assigned to the prison where Patrick lives! Left to them, they would just as soon see Patrick die. All of their actions and inactions over the years (which by the way have been documented) attest to their complete indifference to Patrick’s medical needs.

An arteriogram is the injection of contrast material or dye into one or more arteries to make them visible on an x-ray. The blood flow through the area can be evaluated with fluoroscopy (i.e., continuous X-rays that allow one to see the contrast material in movement).


Standard for Medical Care in Prisons

Justice Marshall, in Estelle v Gamble, 429 US 97 (1976) http://biotech.law.lsu.edu/cases/prisons/Estelle_v_Gamble.htm clearly states that lack, or indifferent medical care, is a violation of the eighth amendment of the United States Constitution, and 42 USC § 1983. Alabama is part of the United States, and is bound by the rulings of the United States Supreme Court. Patrick Swiney’s grievances are a claim that he is being denied a legal right—that of adequate medical care, and that his denial is just one example of a pattern of deliberate and indifferent medical care of inmates.

In a landmark decision from 1803 (Marbury v Madison, 5 US 137, Cranch 137-153) which has not been overturned and still applies today http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=5&page=137 Chief Justice John Marshall stated: “It is a general and indispensable rule that where there is a legal right, there is a legal remedy.”

Patrick needs your help right now. Please do not wait!

We demand the doctor’s orders from April 2005 are finally followed: he needs to see a cardiovascular surgeon for an arteriogram for proper diagnosis and treatment (most likely bypass surgery) or he will not live to see the freedom he so justly deserves.

[admin]

Wednesday, December 21, 2005

Everyone, here is an update on Patrick's situation regarding mediation:

Patrick received his Dicalcid (arthritis pain) and Isordil (heart) today on KOP (keep on person). He was informed by medical staff that the KOP "was there since the 1st". Then the nurse (in the presence of the head guy in Medical) told Patrick, "You're the only one that doesn't come up for KOP. If this keeps up, we'll have to take you off KOP and make you come to pill call."

Now then, let me explain why this is actually a threat to Patrick:

1. Everyone at Donaldson has trouble getting KOP. I can tell you two names that are having trouble getting KOP right now: Jerry Tingle is one and Alvin Daniels is another.

2. Inmates can't just go up to Medical whenever they want to. They have to be called in order to find out about KOP.

3. If they are not called, they do not know KOP is waiting for them.

4. Patrick in fact did get up to Medical last Friday (December 16th) to ask about the Dicalcid and Isordil and they never called him back.

5. So if Patrick was not called, how could he know to go up there? And if the medication was sitting there since December 1st, why didn't they give it to him when he ran out on December 14th like they had been told to do when Dr. Lyrene (PHS doctor)came to see Patrick on September 9th? It was on September 9th that Dr. Lyrene told the head of the nursing staff to make sure that Patrick gets and continues to get his medication? Either they willfully held it from him or they are lying to Patrick and their bosses about it being their since December 1st and attempting to make it look like this is all Patrick's fault.

6. Pill call means standing outside in the cold in winter (or in the hot sun in summer) for as much as 30 minutes to one hour. This is the threat - making him stand outside in the cold (or hot sun) in his fragile condition for that length of time - every day.

In addition to the above, Patrick was told there was yet another prescription for him. He asked me to look it up before he took it. The name of the medication is Metoclopramide CHL. Near as I can tell from Google searches tonight, this medication seems to be for his acid-reflux condition and though there may be some side-effects, it appears from what I read that it would be safe for him to take. HOWEVER, no doctor has spoken with him about this new prescription to explain what it's for, nor has he had the benefit of knowing that whoever prescribed this new medication is fully aware of the other medications he is taking. This of course, is in violation of the Patient's Bill of Rights which entitles all patients to be fully informed! I am not a doctor and it is quite uncomfortable for me to have try to advise him on the medications that are being prescribed for him simply because no one else is telling him. I could read the information incorrectly and give him the wrong advice because of my lack of medical knowledge. This is more than wrong! I should not have to be the one to do this!!!!!

Let is be known to everyone that Patrick is a PATIENT (not a "prisoner") in this situation and as such, he has the right to enjoy all the benefits of the Patient's Bill of Rights. Currently this is being ignored by medical staff at Donaldson. The people hired to work in Medical are supposed to be qualified, professional, medical care givers. Assuming they are qualified and professional, then treating Patrick with threats could not be incompetence, but either (1) callous indifference to a patient's serious medical needs, or (2) willful neglect for the purpose of "helping" him die rather than get well. Whatever it is, it is certainly not in compliance with nor in the spirit of the first rule of the Hippocratic Oath: DO NO HARM!

Sherry Swiney
P.O. Box 1891
Alabaster, AL 35007
Te: 205-621-7699



----- Original Message -----
From: Sherry Swiney
Sent: Tuesday, December 20, 2005 7:28 PM
Subject: Revision: Patrick Swiney has been out of medication for over a week!


Everyone,

This is a revision to the below where I said that Patrick refused to take the Elavil (see side effects and precautions, especially for a heart patient). Patrick just called again. He advised me that he did take one tablet of Elavil about one hour ago. He said he took it before he thought.... and wished he hadn't done that.

I told him to try to get to see the doctor. He said he would try, but he doesn't think they will allow him to get to the infirmary since he was aleady there once today.

Sherry Swiney
P.O. Box 1891
Alabaster, AL 35007
Tel: 205-621-7699

----- Original Message -----
From: Sherry Swiney
Sent: Tuesday, December 20, 2005 6:44 PM
Subject: Patrick Swiney has been out of medication for over a week!


All,

I just found out a few minutes ago that Patrick has been out of Dicalcid for his arthritis pain and Isordil for his heart since last Wednesday. Coincidentally, the phones were out at Donaldson Prison since Thursday so he could not call me to let me know. On Saturday, they abused Patrick's 84 year old (disabled) mother and kicked us out so we could not visit with Patrick, so he couldn't tell us then that he was out of medication!

Patrick went to Medical on Friday to let them know he was out of Dicalcid and Isordil. They never called him back.

However when he was there, they told him to take some new medication called Elavil. I looked this up
http://www.mentalhealth.com/drug/p30-e01.html#summary. It's a Tricyclic antidepressant. Depressive illness of psychotic or endogenous nature and in selected patient with neurotic depression.
Precautions:
History of seizures, impaired liver function, hepatic damage, blood dyscrasias, urinary retention, constipation, narrow-angle glaucoma or increased intraocular pressure, cardiovascular disorders, hyperthyroidism. Pregnancy, lactation. Not recommended for depressed patients < 12 years of age. Psychoses, patient with suicidal tendencies, concurrent electroshock therapy. Discontinue amitriptyline several days before elective surgery.

Side effects:
Anticholinergic effects (e.g. dry mouth, blurred vision, urinary retention, constipation, palpitations, tachycardia, associated sublingual adenitis or gingivitis). Weight loss or gain. Tinnitus, drowsiness, nervousness, insomnia, Hypotension, dizziness, rash sweating, confusion, mania, psychosis, heart block, arrhythmias, extrapyramidal symptoms. Gastric upset. Endocrine effects (e.g. changes in libido, impotence, gynecomastia, galactorrhea). Rarely, bone marrow depression, hepatic toxicity, seizures, peripheral neuropathy, severe cardiovascular effects in patients with cardiac disease, photosensitivity, Dysarthria, stuttering, renal failure. Withdrawal symptoms.

WHAT ARE THEY TRYING TO DO TO HIM???!!! Nobody ever said anything about this; they just said he had to take it. Well, he refused because he at least knew it was a psychotropic of some kind.

Patrick is a heart patient. He's not a mental health patient. He needs the Dicalcid to alleviate the severe pain of chronic inflammatory spinal arthritis. Now he's been out FOR A WEEK AND HE IS NOW HURTING SEVERELY! He needs the Isordil for his heart. He's been on Isordil for the past 15 years http://www.healthsquare.com/newrx/iso1212.htm to relieve chest pains and improve oxygen flow. Now he's been out of that for a week. Skipping doses is NOT recommended!

What the devil is going on at Donaldson Prison???!!! PHS must get those medications to him immediately if not sooner!

Sherry Swiney
P.O. Box 1891
Alabaster, AL 35007
Tel: 205-621-7699

[admin]

12/9/2005

Hello everyone,

I haven't written for a while because it's been a busy time for me. Once again, I am a bit behind in responding to emails

I am proud to show you what Patrick's nephew wrote on the web about his Uncle. Here is his link http://vampirefreaks.com/profile.php?user=sephiroth_freak - if you feel like leaving a comment for him about how he is helping to expose the truth about his Uncle's innocence, I think it would be beneficial to him. He takes a lot of heat from Alabamians for having a family member in prison. Perhaps some of you can show him that people do know his Uncle is innocent.

Many thanks,
Sherry Swiney
www.patrickcrusade.org
Patrick Swiney-innocent in prison
www.patrickswiney.com

[admin]

Dear Everyone,

I was just taking a break from working on the 2254 Habeas Corpus document for Patrick. Naturally, I leaned back in my office chair to rest my eyes and of course my brain LOL.

As I was resting, I began thinking about how so many people have fought over the past - almost 11 years - to keep Patrick alive while we seek to gain his freedom. I cannot tell you how much I appreciate all of your efforts to help keep Patrick safe while he is in prison. I absolutely know that it was all of your recent prayers, meditations, chanting, and good thoughts (good frequencies and vibrations) that caused his body to develop mini-bypasses to feed his heart with 100% of the blood that is required on that side.

I also know that it was your past collective thoughts and desires for Patrick to remain well and safe that kept the then-warden Stephen Bullard (a couple of years ago) from murdering him when he took his meds away, had him taken to isolation and caused him to sleep on the concrete floor in his then-medical condition because he didn't like the pressure I was putting on him to move him from the "gang-area" where he had deliberately placed him, to a "safer area" (like the old folks dorm which has been relatively safe until last week), where he is now.

The same holds true when your past collective thoughts and actions kept the then-warden Charlie Jones (in 1998) from murdering him when he had him taken to the hot box in the middle of summer because Chief Federal judge Charles E. Butler (Mobile, AL) read Patrick's article "Too Late To Debate???" and accused Patrick of writing a threatening letter to a judge.

If you all had not been so powerful with your thoughts toward Patrick's well-being, I don't think he would be alive today to see the last of all the marbles being played out in his case. If we do not win this one, we are through. Patrick will be doomed to die in prison for a crime we have scientifically proven that he did not and could not have committed.

We have the proof. We don't have to "talk someone into" believing Patrick is actually innocent. The facts speak for themselves. Patrick has good lawyers. We file in mid-May 2006. All we need is an honest judge, one who is more interested in truth than politics.

This is what I ask all of you to think about - to ask for - in whatever way you wish, using whatever belief system you may hold in your hearts. In addition, Please continue your good wishes for Patrick to be completely physically healed so that he may enjoy his freedom when it comes.

“When a man who is honestly mistaken hears the truth,
he will either cease being mistaken, or cease being honest.
Such is the irresistible nature of truth that all it asks,
and all it wants, is the liberty of appearing." --Thomas Paine


P.S. Offers of Amicus Briefs would be most appreciated.

Sincerely,

Sherry Swiney
Director, P.A.T.R.I.C.K.
www.patrickcrusade.org
Member of the Board, NJCDLP
http://www.njcdlp.org/
Patrick Swiney-innocent in prison
www.patrickswiney.com
"The only thing needed for evil to triumph is for good men (and women) to do nothing" Edmund Burke (1729–1797), Irish philosopher, statesman

[admin]

Everyone,

We have added the latest filings in Patrick's case of actual innocence to his website.

Please see http://www.patrickswiney.com/legal_index.html
Click on the last two additions (1) 2244 in the 11th Circuit court and (2) 2254 in the US Federal District Court.

Our AEDPA deadline for filing in Federal Court was 6/9/06 so we filed on that date stating that the approval from the 11th Circuit Court to file in Federal Court was still pending.

On 6/14/06 the 11th Circuit Court denied our request to file in Federal Court. I was informed of this decision earlier this afternoon (6/15/06).

We do not yet know the reason the 11th Circuit denied. We do not know what recourse we have at this time but I will work at finding out if there is anything we can do or if we are truly cooked/done (same as being executed when innocent only the torture is longer).

My initial reaction a few hours ago after hearing the decision from the 11th Circuit was to quit everything having to do with activism because it felt useless to continue, but you know as well as I do that no one can think straight when they are totally angry and upset. Therefore, I am reserving any further reactions until a later date when I have more of my faculties in tact where I will be able to reason things more clearly. I will let you all know in a few days whether or not (1) we have any recourse and (2) if I will continue any more activism work.

In the meantime, the 2254 Habeas Corpus with its Exhibits is up there for people to read so at least those that are interested will be able to see just how solid our proof of innocence really is.

Respectfully,
Sherry Swiney

[admin]

PRESS RELEASE

June 26, 2006
Immediate Release

Contact: Doug Tjapkes – INNOCENT! – 20 W Muskegon Ave.,| Muskegon, MI 49440-1317

Tel: 231.728.7225 | Fax: 231.728.7233

SUPPORTERS PLOT NEXT STEP TO FREE SWINEY


Family, friends and supporters of a former Alabama police officer are huddling with legal thinkers and human rights organizations to determine the next step in obtaining his freedom following a recent decision handed down in the U.S. Court of Appeals 11th Circuit which the State of Alabama hopes ends this case.

Patrick Swiney, 62, was convicted on circumstantial evidence by a jury of capital murder in the 1987 shooting deaths of his wife and her ex-husband in Saginaw, Alabama. He has consistently maintained his innocence.

In the most recent court decision, the 11th Circuit Court of appeals denied Swiney’s request to show his evidence of actual innocent to the Federal District Court in Alabama. The AEDPA (Antiterrorism and Effective Death Penalty Act of 1996) requires a litigant to ask for permission to file a second habeas corpus in Federal Court. The U.S. Code says that, “But for Constitutional Error,” the person would not have been found guilty. The 11th Circuit ruling said that Swiney’s request failed to meet the “Constitutional Error” test because his request was not sufficiently pled.

Swiney’s defense team had submitted a 20-page motion revealing details of exonerating evidence hidden by the prosecutor at trial that the jury never saw. The 11th Circuit Court returned the motion with instructions to use the court-approved short form, making it impossible to plead the case and then denied the request stating that Swiney had not provided a prima facie showing of innocence.

Swiney’s exonerating evidence includes:

A. Crime Scene photos found in 2002 that show no bullet hole in the kitchen window or screen, contrary to the prosecutor’s claims;

B. Police records showing that Patrick was 10 miles away from the crime scene at the time of the shooting;

C. Forensic reports found ten years after the trial proving that there was no gun shot residue on Patrick, or blood on his clothing, including his shoes; and

D. Newly discovered GSR (gun shot residue) evidence by a renowned forensic scientist that proves Swiney was not and could not have been the shooter in this crime.

Mrs. Swiney said that these and other items of proof could not have been found previously because they were either hidden from view by the prosecutor and found decades later, or not discovered through forensic science until 2003.

Mrs. Swiney reports that the second Habeas Corpus petition and its exhibits can be seen on the Internet (google Patrick Swiney), so that everyone can see how solid the proof of innocence really is. Stung by the recent decision, she said that in “the real world” this would be considered a violation of due process, but “in the world of the 11th Circuit Court, this is not sufficient to show that the prosecutor or the state did anything wrong.”

Patrick Swiney has suffered severe health problems while in prison over the past 17 years. His wife and supporters say that since the court decision they have learned that permission from the court wasn’t necessary after all. When evidence could not have been found at the time of the first habeas petition, the second is not considered “successive” or an abuse of litigation which the AEDPA was initially designed to prevent. An Amendment bearing this claim has just been filed, in the hope that Swiney will now be able to show the Federal Court his evidence of innocence. Said Mrs. Swiney: “There is no statute of limitations on murder, and there should be none on innocence!”

[admin]

Alabama forum
http://www.topix.net/forum/state/al/THPEL56KFPGEMAR8P/p5
This is not a petition so feel free to write as many comments or respond to existing comments as you wish. All thoughts about the injustice in Patrick Swiney's case and the state of the State of Alabama are very welcomed! We encourage everyong to check often to see new additions.


Respectfully,
Sherry Swiney
Director, P.A.T.R.I.C.K.
www.patrickcrusade.org
Member of the Board, NJCDLP
http://www.njcdlp.org/
Patrick Swiney-innocent in prison (GSR exonerates him)
www.patrickswiney.com
http://www.patrickswiney.com/legal_index.html

[admin]

August 1, 2006

All,

The court dismissed Patrick's case yesterday.

I gave Patrick the news tonight and he took it hard saying, "Looks like that's the end of it." Then he sighed and said, "Oh well." Poor dear. I did my best to assure him we would do everything possible and not to give up hope and that when it's a case of actual innocence it's never over until he is free.

Your prayers for his freedom are requested.

Blessings,
Sherry Swiney

P.S. Our 10th anniversary is coming up August 19th. If you would like to send Patrick a card or note of encouragement, here is his address.

Patrick Swiney
154406 G-79
100 Warrior Lane
Bessemer, AL 35023

[admin]

Everyone,

Please sign a petition to help free Patrick and please be sure to pass this on to everyone you know.

http://petitionthem.com/default.asp?sect=detail&pet=3518

Blessings,
Sherry Swiney
Director, P.A.T.R.I.C.K. Crusade (PC)

[admin]

Hi Everyone,

Below is a link to our newest motion for Patrick Swiney's case of actual innocence. It was filed in the 11th Circuit Court in Atlanta, GA on February 6, 2007. We think it is a "Masterpiece" (and it's an easy read), and we look forward to seeing what this court's reaction is.

http://www.patrickswiney.com/Alternative.htm
MOTION TO RECONSIDER, VACATE OR MODIFY AN ORDER


Thank you all so very much for your continued prayers and good thoughts toward finally bringing Patrick home. This has brought to us the help we needed and as with all blessings, this help came from unexpected sources at the perfect time. We cannot express in proper words the thanks we hold in our hearts for the help we received in putting this motion together for us. Please enjoy the link above and feel with us the reality of bringing Patrick home where he belongs. As it is written, "You will see it when you believe it."

Just for a moment, imagine that you are reading the newspaper report about Patrick finally being released after 18 years of wrongful imprisonment. Imagine how good it feels to be reading this news report that says - FINALLY HE'S BEEN FREED!

Blessings,
Sherry Swiney
www.patrickcrusade.org

http://petitionthem.com/?sect=detail&pet=3518
Sign a petition

Patrick Swiney is innocent in Alabama.
He was framed for a double murder in 1987.
He was convicted in 1989 and sentenced to life without parole.
Fabricated crime scene evidence came to light in 2002.
Scientific forensic evidence proved his innocence in 2003.
In 2006, the courts said he cannot present this evidence.
In 2007, we are bringing Patrick home.

Patrick Swiney deserves to have his evidence of innocence heard.
That is all he and his family have ever asked for...

[admin]

Hi Everyone,

Please mark your calendars and pass this announcement around:

Saturday morning, April 28, 2007
9 a.m. to 10 a.m. eastern time
8 a.m. to 9 a.m. central time
7 a.m. to 8 a.m. mountain time
6 a.m. to 7 a.m. pacific time

I will be interviewed on the Free America Radio Network on the above date and time. The link to Free America Radio Network isn't ready yet so, for now, interviews will be conducted on First Amendment Radio.

You can listen to the live broadcast in two different ways:

1. You can listen by Internet at http://firstamendmentradio.com/listen.html (click any of the 4 live webcast links at the top of the page to listen).

2. You can also listen and/or participate via conference call by dialing 218-486-1300 Pin 179441

IN ADDITION Dezert-owl wants to interview people on the air. If you are interested in being interviewed on the air to tell your story or to promote your group, please give Dezert-owl a call 386-684-6462 to speak with him and to set up an interview schedule. Please be sure to email Dezert-owl <thelight@alltel.net> a bio so he may properly introduce you when the interview begins. And please let us know when you will be on the air so we can listen to that program.

Best to everyone,
Sherry Swiney
www.patrickcrusade.org