Synopsis of the Case of Patrick Swiney - Alabama, USA

by Sherry Swiney


http://www.patrickcrusade.org


SUMMARY

Patrick Swiney was convicted of a double murder on June 12, 1989, by the courts in Shelby County, in the State of Alabama. He was sentenced to life in prison without the possibility of parole. He is innocent and we can prove it beyond any doubt.

http://www.cuadp.org/people/Swiney,_Patrick_S.html

THE PRIMARY PLAYERS

  • J. Michael Campbell -- District Attorney of Shelby County, first cousin to Mickey Johnson 

  • Robbie Owens - Assistant DA of Shelby County, first cousin to J. Michael Campbell, who is now stonewalling our attempts to obtain crime scene evidence 

  • Mickey Johnson - Attorney at Law, criminal attorney who declined to be defense attorney, second cousin to Patrick Swiney, first cousin to J. Michael Campbell 

  • Betty Snow Swiney - Patrick Swiney's wife, J. Michael Campbell's high school sweetheart 

  • Richard "Dick" Bell - Attorney at Law, divorce attorney and former employer of Patrick Swiney 

  • Ronald Pate - Betty Snow Swiney's ex-husband 

  • Jimmy Hendrix - District Attorney of Baldwin County, arrested for racketeering due to evidence Patrick obtained 

  • Bobbie Stewart - Chief Investigator for Sheriff's office, arrested for racketeering due to evidence Patrick obtained 

  • ,b>Nell Snow - Betty Swiney's mother, politically powerful woman in Alabama and friend of J. Michael Campbell

MOTIVE FABRICATED BY THE DA

The DA of Shelby County alleged that Patrick sought, stalked, and tracked down his unfaithful wife Betty Snow Swiney and her ex-husband Ronald Pate, found them while they were in the course of adulterous activities, and on December 10, 1987, he shot and killed them in cold blooded murder in a "white hot jealous rage".

FINALLY.HTM

FORENSIC REPORTS

In 1997, 10 years later, Sherry Swiney found two forensic reports that had never been admitted into the trial. One was on blood testing. No blood was found on Patrick Swiney's skin or clothing, even though the DA claimed that Patrick shot the male victim at point blank range in the head, execution style. The second forensic report was on the gun powder residue testing. Below are excerpts of that report.

ALABAMA DEPARTMENT OF FORENSIC SCIENCES BIRMINGHAM DIVISION
Joseph H.Embry, M.D. Slate Medical Examiner "Laboratory analyses failed to reveal conclusive evidence that the above named person fired a weapon, handled a fired weapon, or whether the hands were in close proximity to a fire arm when it was discharged.

At the bottom of the forensic report there's a note that says "It should be noted that certain brands of .22 caliber rim fire ammunition do not contain the elements necessary to make this determination."

Signed 

David L. Higgins 
Laboratory Analyst III
Birmingham Laboratory

"FORENSIC SCIENCES INVOLVE THE APPLICATION OF SCIENCE AND MEDICINE TO THE PURPOSES OF JUSTICE."

~~~

These forensic reports were NEVER PRESENTED AT TRIAL! They were suppressed by the D.A. J. Michael Campbell (who is now in private practice and no longer the D.A of Shelby County, Alabama.  He was replaced by Robbie Owens who was the assistant D.A. at trial, after Patrick's community made sure Campbell was not re-elected after what he did to Patrick at the kangaroo trial). Had these forensic reports been presented at trial, ballistics experts would have been called to testify. Campbell knew this. Crime lab workers have also been known to make errors or falsify forensic evidence, and test equipment can malfunction and give inaccurate results. Some institutions including science labs use equipment and facility maintenance software to safeguard against potential equipment problems.

Since finding these reports 10 years later, ballistic experts have testified to Mrs. Swiney with respect to the gunshot residue report. Three of these testimonies are cited verbatim below. In essence, it is impossible for a person -- any person -- to shoot this model of weapon - a Charter Arms AR7 .22 semi-automatic rifle - and not be *covered* with gun powder residue. Keep in mind that supposedly Patrick fired multiple shots inside the house. A third expert actually shot this model of weapon in Mrs. Swiney's presence and she could see the blow-back coming from the rifle as it was being fired. He said if he went to a lab to have his hands and hair tested, he would be covered with microscopic gun powder residue particles from one shot out doors where a breeze can blow most of it away. In addition, the autopsy report states that gun powder was found on the bodies of both victims but there was no gun powder residue found on Patrick - and no blood.



PATRICK SWINEY is not the shooter. The DA knew this then and he knows this now. Still, Patrick was sentenced to Life without Parole and he's been made to suffer greatly since 1989 at the hands of Wardens who absolutely delight in torturing prisoners, especially when one of them is like Patrick: an activist for justice (which is why the P.A.T.R.I.CK. Crusade is named in his honor).

WHAT BALLISTICS EXPERTS SAY

(1) Taken from ICQ computer-to-computer chat 11-5-99 between Dr. Boris deKorczak Ph.D. weapons expert and Sherry Swiney, Patrick's wife

Regarding gun powder residue for a .22 rifle

BORIS Sherry, How much of residue was there on the stock of the rifle? Do we know or do we don't know?

SHERRY The report does not indicate that the stock was tested but I'll search the CD for the word residue and see what we can find.

BORIS You have ammo 40 grain. 15-16% is being blown away through the firing mechanism into the direction of the shooter. The lab should be able to establish the missing grains, taking to consideration quantity of residue on the stock.

SHERRY OK.. I'll go look for something to this nature. What about the bullets and primers, does that make any difference at all?

BORIS NOPE!

SHERRY Great! One person I spoke to said that .22's have a different kind of primer that doesn't emit any gun powder and that confused me.

BORIS Primer, regardless if it is center primer or side primer like in 22 has nothing to do with residue. It simply is not a gun powder.

SHERRY I see... so these tests show either that they did a real sloppy job of inspecting the evidence or that PS actually was not the shooter.

BORIS Look at this. The exploding in the shell gun powder propels the projectile at same time it gives a recoil - meaning a part of gases go "backward" and leave through the small imperfections in the ammunition chamber and rest of the mechanism. It is directed opposite to the direction of the projectile.

SHERRY Wonderful! Then we have sufficient information to show that PS is not the shooter - a mystery indeed.

BORIS Now. If we take as a constant value the speed of the expanding gases - ca. 1000FT/sec., then the gases going opposite direction go about 3/4 of this speed. Ergo. They have enough power to imbed the particles of burned and unburned powder into the right hand of the shooter, right cheek of the shooter, his hair, etc.

SHERRY Wow.

BORIS Those miniscule particles are usually invisible to the naked eye. They can be " lifted" with help of hot wax or other chemicals.

SHERRY I wonder, if we ever do get the photos if you can also see from that examination if there was residue on the rifle ?

BORIS Pending good quality of pictures - Yes. I can.

SHERRY If the photos are not good quality, do you think that can be done from the video?

BORIS I would have to see what can I do with pics, video, etc.

SHERRY I hope that after the UN examines the document they will tell the courts to release the photos for examination if they have any doubts.

BORIS GHerman Sicherheit Polizei have outstanding record of their crime lab testing. They could be approached and asked for independent opinion.

SHERRY That would be perfect!

SHERRY I am so very relieved to here these things, Boris.

BORIS I could myself bring it to them and act as the independent observer.

SHERRY Well, at what point do you think we should approach these people?

BORIS After we get some reaction from UN.

SHERRY Ok...

BORIS Remember one thing 22 does not have a center primer. It is a side primer and it has nothing to do with residues.

SHERRY Please explain this to me as I'm not sure.

BORIS The bottom of an ordinary ammo piece, the round like a coin part has a "center" looking like if there was a little nail head imbedded in it. The .22 does not have it. Primer sits under the surface of the shell's head /coin like/ and is being struck by the firing pin which hits the side of the bottom instead of center.

SHERRY OK, I see what you are saying.

BORIS In crazy terms. Any other ammo looks like an eye with a pupil. .22 looks like a blind eye.

BORIS OK?

SHERRY Yes, OK! Tell me this....when Alabama lab says at the bottom of their report that "some" 22's don't reveal residue, they put that there to mislead I think. And then it was never questioned!

BORIS It is called in "latin" - bulshittus popularis".

SHERRY LOL....those thugs!

BORIS here is no gun in the world, artillery, revolvers, rifles, etc which do not disperse the residue.

SHERRY You can't imagine how this makes me feel!

BORIS If Patrick fired this gun he MUST have had miniscule particles of the residue imbedded in his skin, clothing, hair, etc.

SHERRY That is what I thought but no one would listen to one who is not an expert at this like you are.

BORIS Grazie tante.

SHERRY If we do go back to court, we will certainly need your expert testimony.

BORIS Go to any shooting place and fire .22. Then go and get your hands tested - you will be surprised how much of this stuff they will find.

SHERRY You know, some months back when I visited with our Correctional Guard friend, he took out his AR7 .22 rifle and shot it for me so I could actually "see" the blow-by coming out of the mechanism. He said that if he went and had his hands tested there would be residue on them for sure.

BORIS Remember - allegedly PS fired multiple shots - ergo - the quantity of the residue would be very impressive.

(2) From Ron Plumlee, Sr. Monday April 24, 2000 921 am to Larry "Doc" Stansberry, Chaplain

Greetings Doc Maybe I can help our brother in the .22 residue situation. I will give you the information and you decide. First my credentials in brief

>1. Valedictorian of my gunsmith college class (Journeyman).
2. Trained on most major weapons by their factory instructors.
3. Certified Master-Rangemaster/Chemical agents instructor state of CA.
4. N.R.A./U.S. Marines, State of OR certified range master.
5. Been teaching civilians, law enforcement, and college in firearms since 1974.
6. 30 year law enforcement career. 21 years patrol in all facets, 9 years in 
corrections. Retired from state of CA in Dec. 95. last few years I was a full-time 
armoire for the state. I taught, cleaned, and repaired. Also prepared post-shooting 
reports (fatal & non) and evidence for shooting review boards and court testimony.

Doc a .22 is the most dirty shooting weapon probably in the world. A large portion of its powder is unburned or only partially burned on ignition of the cartridge. Plus most .22 bullets are coated with a very thin wax like substance that also adds to the mix. All .22's have blow-back of residue.

Depending on the style of the weapon, some more than others. Semi-autos blow more out and back than say a bolt action. This is due to the tighter lockup of the firing mechanisms of the bolt action than the semi-auto. The primer is so small and has so few chemicals in it, that it is virtually a non-issue here. The blow-back of the normal powder is more than enough to mark a shooter and the weapon. I have been gunsmithing since approx. 1975.

With rare exception, everytime a person brings in a .22 rifle that does not work, it is because they have not cleaned it in some time, and the .22 cartridge "residue" has caused it to malfunction. And, the semi-auto .22 pistols are no exception. Hope this helped in some way. My web site also gives you an idea of who I am, and what I am about.

Semper Fi,
"Top" Ron Plumlee, Sr.

(3) From Dr. Glenn Larkin MD May 26, 2000 924 am to Sherry Swiney

Sherry,

At trial, a negative finding of any test has to be considered most favorable to the defense, and if not done, it must be considered negative. This is plain law.

While Nuclear activation does not usually pick up residue from a 0.22 caliber weapon, atomic absorption does. A shotgun blast (or a double shotgun blast) leaves significant residue both on the target (in this case the victim, and on the hands of the shooter.

Does Dr Embry suggest that a 0.22 caliber weapon was used as the murder weapon? If so, it contradicts the state's case.

G M Larkin MD DABFM

THE DNA EVIDENCE

Dr.. Joseph Embry, State Medical Examiner, testified in the trial of 1989 that the DA's office called the coroner's office to tell them not to perform DNA testing on the female victim. Dr. Embry stated that this was highly unusual. Thus, the vaginal swab and fingernail cultures were not taken. This destroyed the DNA evidence forever. Proving adultery was essential to this case. We sought to find out why the DA would not only suppress but destroy the very evidence that would prove his case against Patrick Swiney.

Here are letters by those who knew the female victim Betty Snow, the District Attorney J. Michael Campbell and Patrick Swiney well

Letter (1)

20 January 2000

Mr. Don Siegleman
Governor of Alabama
600 Dexter Avenue
Montgomery, AL 36104

Dear Governor

I am a friend of the Swiney family and I have worked hard over the years to help Patrick Swiney. I am one of the few who is not afraid of Nell Snow's political influence. When Patrick was arrested, I was shocked and, with his mother Odelle Swiney, we led the community to come up with the initial bond of $125,000.00. As soon as we did this, Michael Campbell got that bond raised to $500,000.00 which we raised in one day. I went to Mike Campbell's office and told him that even if he raised that bond to a million dollars, we'd get Patrick out of jail. I told him these things because I know Patrick very well. I know the history of his life and his marriage to Betty Snow. Now, I wish I'd told Patrick how Betty was the type of person who would sleep with just about anyone who would ask her [like mother, like daughter], and I wish I'd told him about Betty and Mike Campbell having an affair, but I just couldn't bring myself to say these things to Patrick because I knew how much it would hurt him. I've always felt that Patrick would one day be released from prison to come home where I think he belongs. I have my doubts as to whether Patrick actually shot anyone, but even if he did, under the circumstances, I think it was justified because a man can only take so much before he cracks.

Patrick may have been hot-headed at times, but he was never hurtful to anyone. He helped everyone who needed help and this is why his community loved him enough to help him get bonded out. We were so angry with the unfairness of the trial and how Mike Campbell lied to the jury, that after Patrick was sent to prison, I headed up a campaign to get Mike Campbell kicked out of office. One year after Patrick was sent to prison, Campbell was no longer District Attorney. We saw to that and are proud to have removed him from office because he abused his powers and that's not what we want in our county. We want fairness and justice for everyone. I don't think that's what Patrick received and now I ask you as governor and former attorney general, to please do everything you possibly can to right a terrible wrong that's been done in Shelby County to a good and decent man. I think Patrick Swiney deserves his freedom and I hope you will act upon this to show the citizens of Alabama that you are a man who seeks justice for all.

Thank you for your time, and I remain sincerely,

Betty Dupre
1129 Hickory Hill Drive
Alabaster, AL 35007

Letter (2)

20 January 2000

Mr. Don Siegleman


Governor of Alabama
600 Dexter Avenue
Montgomery, AL 36104

Dear Governor

I am Patrick Swiney's brother. I am an electrical design engineer living with my wife and three children in Ohio. My 12-year-old son, Patrick, is named after my brother. My brother is 10 years older than I am, so I was 33 -- my brother 43 -- when this tragedy happened in 1987.

I am writing to you to ask you to look at the evidence of innocence that has recently come to light, showing that my brother was not the one who shot his wife and her lover. And even if my brother had shot them, it would have been in a crime of sudden heat of passion and -- according to Alabama law -- not murder. But my brother was not the kind of person to hurt another person. He was in the police force for 13 years in the State of Alabama and carried a .38 pistol with him at all times. During that time, he never shot anyone, and believe me, there were times when he put his own life in grave danger trying to avoid shooting anyone. He's just not the kind of person who would shoot anyone or hurt anyone. He might get extremely angry, and be harsh with his words, but I tell you that when my brother gets angry, unless he's being directly bodily attacked, he always walks away rather than stay and do harm. He might kick a tree stump, shoot at a rock or a post, punch a wall, but never would he hurt a living soul.

For example, when Patrick was married to his first wife, the mother of his daughter, their marriage was shaky. His wife was jealous of my brother's affection toward his daughter and she drove his daughter away from him. That's what destroyed the marriage. One day, after their separation, Patrick was so angry that he went to their house and shot out a porch lamp. He never aimed at any human being. He just shot out the porch lamp and then left. When this tragedy happened with Betty Snow Swiney and Ronnie Pate, the prosecuting attorney, Mike Campbell confided this porch lamp incident to the defense attorney, Dick Bell, a personal injury attorney -- a gullible man, unfamiliar with the history between Mike Campbell and Betty Snow. Mike Campbell was able to put a lot of fear into the mind of Dick Bell, with scenarios such that Campbell "could" make Patrick look like a dangerous man, walking the streets, who should be locked up because he goes around shooting people when he gets angry, when in fact, all that was ever shot at was a porch lamp.

Dick Bell became sufficiently scared for his client and together, they decided that because this porch lamp incident would make Patrick look very bad in the eyes of the court they should not call any witnesses for the defense, lest this porch lamp incident come out in the open. Mike Campbell made Dick Bell believe that if the lamp incident did not come out in court, Patrick would be better off. However, I know this was part of Campbell's ploy to prevent the real truth from being revealed during the trial. With NO witnesses for the defense, the prosecution had free reign to cite one conjecture after another without fear of being discredited. Had any witnesses for the defense been called to the stand, they would have been able to discredit all of the tales Mike Campbell was presenting to the jury. Not "some" tales, all of them!

In his trickery, Mike Campbell kept his word about not mentioning the porch lamp incident, but instead he called a witness for the prosecution who stated that one time he saw Patrick shoot a BB gun [a pellet gun] at a crow in the yard where he and Betty Snow Swiney lived. Campbell told the jury that this was an indication of how dangerous Patrick was. The truth was that Patrick had a blue-bird nest up in one of his trees and he shot at the crow to keep it from destroying the blue-bird nest. He didn't kill the crow. He just shot at it to cause it to fly away. Most everyone in Alabama knows how rare blue-birds are. They are almost extinct. Stating that because Patrick once shot a pellet gun at a crow meant he had murderous tendencies, is like saying that anyone and everyone who has ever shot a BB gun at a critter -- or any hunter -- has a tendency of becoming a cold-blooded murderer. Nevertheless, Mike Campbell was able to convince the jury that Patrick shooting at a crow was sufficient evidence to show that he had tendencies to be dangerous killer who needed the death penalty to make their neighborhoods safe again. Since there were not going to be any witnesses for the defense, including no expert witnesses, there was not going to be any words to refute this ridiculous innuendo about may brother's character.

The truth is that Mike Campbell and Betty Snow Swiney were high school sweethearts. I and others can attest to this from first-hand knowledge. The fact that Mike Campbell and Betty Snow Swiney remained very close after she and Patrick were married, is widely known. What happened at the trial was a display of judicial misconduct by the District Attorney. He not only hid the truth of innocence [the forensic reports that surfaced in 1997 showing that there was no gun powder residue or blood on my brother's skin or clothing], but he destroyed all evidence of adultery. I believe Mike Campbell should have recused himself from the trial and ordered a Special Prosecutor, but Mike Campbell could not take a chance that his own DNA [sperm] would be revealed in any forensic testing done by the State. Thus, Mike Campbell did not remove himself from this case. He needed to remain closely involved in order to make sure that any chance of his own culpability was headed off before the jury ever heard the truth. Thus, Campbell did pre-arranged maneuvering to ensure that Patrick would be convicted of a crime we now know he did not commit.

However, even without the proof of innocence, Patrick's case was based on adultery and a crime of sudden heat of passion. Mike Campbell could not allow adultery to be admitted into court. Why? Why would Mike Campbell, high school sweetheart [and continued close "friend"] of the victim be so concerned about showing that she and Ronnie Pate had committed adultery as to tell the Coroner's office not to perform the vaginal swab and fingernail cultures during the autopsy? Why would Campbell be so concerned about showing adultery between Betty Snow and Ronnie Pate as to prevent DNA testing of the bed sheets in the guest room? The only logical answer to these questions, knowing beforehand the relationship between Mike Campbell and Betty Snow, is that Campbell must have feared that his own DNA would also be revealed in these tests. How could he possibly explain this to the jury? He couldn't, so he had no choice but to hide the truth from them, while framing an innocent man of a crime he did not commit. How handy for Campbell that my brother was knocked unconscious during the shootings so that he has no idea what happened. How convenient for Campbell that the police did a shoddy job of investigating the crime scene. How advantageous that the police refused to admit my brother to the hospital when he complained about being hit over the head with something that felt like a baseball bat. How inexplicable that the police fabricated [twisted] my sister's comments in their hand-written reports. How untenable that other items written in the police reports are in fact false. For example, the police reports state that my sister and mother were found inside the house at the crime scene when the police arrived, when in fact they were never allowed to enter at all.

I submit to you that my brother is innocent and should be released from prison immediately. A terrible injustice has been done to my brother and my entire family because of the District Attorney's judicial misconduct. The transcripts reveal conjecture by Mike Campbell that only a person on the "inside" of a relationship could have possibly known. Campbell speaks with such passion in the transcripts that, to an observant reader, Campbell was revealing his own personal conversations with the victim, Betty Snow Swiney, in the throws of their own passionate interludes. What the Governor decides to do about the judicial misconduct is a matter for the Governor to decide. Meanwhile, I humbly ask that you do everything possible to right a serious wrong that has been done, and free my brother from prison. Let him walk among the free again where he belonged all along.

Please understand that Patrick has a support system ready to stand behind him to help him re-adjust to the free-world. He is a burden to society now because he is imprisoned without cause. Freeing my brother will also remove an unnecessary tax burden from your constituents.

Thanking you in advance for your honesty and compassion. I pray that you are as outraged over this injustice as anyone would be who sees an innocent person in prison. Fortunately, you are in a position to rectify this, whereas the average citizen is not. You may not have the power to grant clemency to a guilty person who is not on death row, but you can recommend a pardon, partial-pardon, or reduction in sentence; and surely you have the authority to right an obvious injustice.

Sincerely,

Dan Swiney
11504 Imhoff Ct.
Cincinnati, OH 45240

REVIEW OF THE CASE IN 1997

In June of 1997, Mrs. Swiney wrote to Dr. Jerry Burns Ph.D. at State of Alabama University, where Dr. Burns was [and is] the Chairperson - Department of Criminal Justice and Criminology. This was written before she found the forensic reports above. Still, Mrs. Swiney *knew* Patrick was innocent - "because I know him well. Perhaps better than anyone else on earth does." There's one thing that everybody who knows him knows about Patrick Swiney the man doesn't lie. As you will see below, he could have easily covered everything up, ran, and lied, and gotten away scott free. He didn't do that. He called 911 for help.

Here are verbatim excerpts of her 34-page synopsis to Dr. Burns, dated June 4, 1997. It may shed some light on the issue of why have they arrested and persecuted Patrick Swiney for a crime he did not commit. This is what Mrs. Swiney thought might have happened at that time. She was less familiar with the case at that time. She had not found the forensic reports yet, so she was still at the stage of speculating some kind of tie to Patrick's past, but it seemed a bit far-fetched, even to Patrick. It didn't seem far-fetched to her. She knew from personal experience that truth is always stranger than fiction. If nothing else, Patrick's story needs to be told. See for yourself who Patrick was before this terrible tragedy occurred.

A couple of statements below need to be [updated]. These updates are underlined and bolded in brackets [ abc ] for easy review

"Background History

Patrick Swiney was a police officer in the State of Alabama for 13 years. From 1965 to 1969, he was with the Huntsville Police Department. From 1969 to 1973, he was with the Vestavia P.D. From 1973 to 1977 he was with the Gulf Shores P.D. From 1977 to 1980 he worked as a legal investigator for Bell, Johnson, & Hill, Attorneys at Law in Pelham, Alabama. His supervisor was Richard W. Bell, Attorney. From 1980 to 1986 Patrick worked as an over-the-road driver for various transportation companies, and was home-based in Shelby County. His academic accomplishments are as follows

  • Associates of Arts Degree, Jefferson Davis College, Brewton, Alabama, 1993 

  • Truck driver training, University of Montevallo, 1982 

  • University of Alabama, Birmingham, Alabama (Criminal Justice/Psychology) 

  • Huntsville Police Academy, 1976 

  • Associate Instructor, Huntsville Police Academy, 1968 

  • Alabama State Police Academy, 1967 

  • Specialized Education Programs 

  • Private Pilot - single engine land (147 hours logged - approximately 225 hours unlogged) 

  • Photo-Electric Intoximeter School, Alabama Department of Health Permit #211, 1970 

  • Certified Forensic Photography, University of Alabama, 1978 

  • Electricity/Basic Electronics, Technical Training Center, 1969 

  • Alabama Civil Defense, Medical Self-Help Training Center, 1967 

  • Advanced First-Aid, American Red Cross First-Aid Training Center, 1967

In 1977, Patrick turned in his badge when he saw how corrupted some of the officials were in the Gulf Shores Police Force in Baldwin County. He was given a choice to stay and join in on the under-the-table payoffs or leave, so he left. [This is only partly accurate. Patrick did not see the justice in the way a fellow officer was being treated by his superiors; he left and turned in his badge in solidarity for his friend and colleague, Bobby Noles. The confrontation he had with his superiors was outwardly about that. There was no outward confrontation regarding blatant payoffs - but rather, indignation over a fellow officer being treated unjustly. This action took place at the Huntsville PD rather than Gulf Shores PD]

While Patrick was serving at the Gulf Shores P.D., there many threats made against his life [There were two assassination attempts. One was rather minor and no one was hurt. The second nearly succeeded (see photo). Three men attacked Patrick and cut up his face badly. He was left to bleed to death. He carried himself to the hospital. The physician put in hundreds of stitches. Today, you have to know where to look, to see any scars. These attempts were while Patrick was working on an investigation assignment for the police department. He was to gather evidence of a drug ring. The evidence he gathered was the cause of the District Attorney of Baldwin County Jimmy Hendrix and the Chief Investigator for the Sheriff's office, Bobbie Stewart, being sent to federal prison.]. The most serious was the threat to kill his 3 year-old daughter who was living with her mother 250 miles away. This threat was taken seriously because the three men who threatened to kill his daughter informed Patrick that they knew the color of her house, how many people lived in that house, the telephone number and other details to convince Patrick that they meant what they were saying. Patrick attempted to confront these three men, but they slipped out of town that night in the trunk of a car.

Before he left the Gulf Shores Police Department, Patrick gathered the original evidence that caused the Federal Court to convict the Baldwin County D.A. [Jimmy Hendrix]and the Chief Investigator with the Baldwin County Sheriff s Office [Bobbie Stewart] for their corruption [racketeering]. At the same time, Patrick was involved in a drug ring investigation, where 47,000 pounds of drugs were uncovered, and he was on the verge of uncovering a link between the drug ring and the officials in Baldwin County whom he suspected of laundering money and racketeering. [Both Hendrix and Stewart were arrested as a result of Patrick's work, and sent to federal prison].

During this investigation, there was an assassination attempt on Patrick s life. Three men attacked Patrick and cut his face up pretty badly. Photographs are available. Patrick s family doctor put in several hundred stitches and today there are no noticeable scars. Only one of the three men who attacked Patrick was charged with simple assault and fined. The Baldwin County Judge in the case lowered the charge from first degree assault with intent to murder without consulting Patrick, or the Gulf Shores Police Department, where the assassination attempt took place. The other two men were never charged. This is all a matter of record in Baldwin County. [In June of 1998, Chief Federal Judge Charles Butler ordered the US Marshal to have Patrick Swiney locked up, alleging that he had sent a threatening letter to a Judge. Patrick was already locked up (see 'Too Late To Debate???' which is what just about every Judge received in the mail from him hoping they would do something about the way he and others were being treated at Holman Prison. The *only* Judge who responded was Judge Butler. Patrick was thrown in the hot box, knowing full well that he is a heart patient. When he came out 72 hours later, he was half dead. (see my letter to Judge Butler after he did this to Patrick)] see http://www.patrickcrusade.org/UrgentAction.htm  for that story.

In 1987 Patrick, age 43, married Betty Snow, age 38. Betty Snow s family [The mother's name is Nell Snow] is well-heeled and very influential in Alabama. Influential enough to get the State to put in an Interstate off-ramp to their business when there weren t any other businesses around for miles. Betty Snow was very close with the Shelby County D.A., Mike Campbell, who went to high school with Patrick and who was a friend of the Baldwin County D.A., who was arrested for corruption. [Patrick was a couple years ahead of Betty and Michael. He knew them but there wasn't any friendship going on. He was in band class with them, I believe. Yearbooks will show that Betty and Michael were high school sweethearts]

We have since determined that Mike Campbell and Betty Snow were having an affair while she and Patrick were married. Betty Snow was also still romantically connected to her ex-husband, Ronnie Pate, when she married Patrick Swiney, but Patrick was unaware of this at the time. Had he been aware of this, they would not have gotten married. Patrick and Ronnie Pate spoke on the telephone once but they never met."

[DA Michael Campbell alleged that there had been no adultery because the victims were fully clothed, thus telling the jury that the DNA tests were unimportant. Betty Snow and Ronnie Pate were clothed. The autopsy report says Betty had no underwear on, was in her bare feet. Ronnie Pate was in his bare feet. The master bedroom where Betty and Patrick slept showed no signs of being used. The bed sheets in the spare bedroom were in recent disarray The video tape is said to show this, but we are being stonewalled by officials and have not been able to obtain this video for examination It is the same with the crime scene photographs.

THE MARRIAGE

Betty and Patrick were only married 5 months before she and Ronnie Pate were shot to death. Betty was addicted to drugs and they both drank too much. Patrick's weakness was that he drank too many Budweiser's. He could sip a glass of Blue Nun and not go overboard, but he couldn't do that with Budweiser Beer. He classifies that as alcoholic, and he says that at least -- in that respect -- prison saved his life. He was a quiet drunk, if you will. Preferred to go off by himself and think about things, rather than Party and get rowdy. Betty was vivacious and fun-loving, so this must have attributed to some of the arguments. When they were sober, everything was fine. Patrick describes Betty as very sweet when she was sober. Testimony of a neighbor says. [see transcript pg. R706]

Q. Did he ever express his love for Betty?

A. Oh yes.

Q. On how many different occasions did you hear him express his lovefor his wife?

A. Well, it was the little things he did when you would see couples together, and they you know, he touches her and I observed this, and it wasn't making an example out of it, you know, you could tell. You don't have to express your love to your mate, you know, you can tell that. What is going on, you know, just from observing.

Patrick and Betty had marital problems because of the drugs and drinking. Not because he was the jealous sort. He had no idea that his new wife was sleeping around. He loved Betty. He had no problem with Mike Campbell coming to visit them or call his wife. He knew they were close friends and that was okay. He knew that Betty and her ex-husband, Ronnie Pate, had been married 5 years and that it was an abusive marriage because Betty told him she had gotten a restraining order against him when they broke up. He knew Ronnie Pate and Betty had to straighten out some tax returns. Betty wanted her ex-husband to come over to the house to do this. Patrick didn't want his wife's ex-husband in the house, and no longer had reason to believe Ronnie Pate was still abusive. He suggested she meet him at a restaurant or something to get their taxes done. So, he and Ronnie never met. They spoke on the phone once. The DA coerced Ronnie's grieving mother -- or caused her to "remember" -- that Ronnie told her that Patrick told him, "If you ever come in my yard I'll kill you." When asked when Ronnie said this to her, Mrs. Pate could not really remember, it was just at some unspecified time, maybe a month or so before the shootings. Supposedly, Ronnie came to Patrick's house, then Patrick said this to him, and turned his back and went into the kitchen. Would a trained police officer ever make a deadly threat to someone then turn his back on that person? I don't think so.

Patrick did not say this to Ronnie before Ronnie was shot because Patrick and Ronnie never met. How can such a testimony be classified as "circumstantial" evidence, sufficient to convict? How can such testimony be verified when Ronnie is speaking 3rd hand from the grave? This hearsay testimony received no objections from either defense attorney or district attorney. Yet, the forensic evidence that I found 10 years later was never revealed to the jury. And yet, the Courts in Alabama refuse to look at the merits of this case.

THINGS WE DON'T KNOW

Dr. Boris deKorczak http://www.justicedossier.com/ and http://www.boriskorczak.com/ has 30 years of experience as a CIA agent. He has a Ph.D. in psychology. He was hired by the National Police Defense Foundation as Chief Investigator. In 1996, he decided to investigate the case of Patrick Swiney. Here is a small portion of his report to the NPDF.

NATIONAL POLICE DEFENSE FOUNDATION
OFFICE OF CHIEF INVESTIGATOR - BORIS KORCZAK
P.O.BOX 7153*FAIRFAX STATION*VA 22039
TEL 703 503-3350, FAX 703 503-5158, e-mail  bkorczak@cox.net

October 20th, 1997

FINAL REPORT TO NPDF ON PATRICK SWINEY's CASE

After four months and countless hours spent on Patrick Swiney's case, reading the transcripts, going through evidence presented by prosecution and defense, travelling to Holman Prison and interviewing Patrick Swiney, this investigator came to conclusions that in interest of both Patrick Swiney and NPDF a well-planned action should take place to serve justice and meet the criteria of the by-laws of NPDF.

This man does not deserve to be in prison any more, nor do I believe he should be there, though it would be a tough job to prove his innocence due to circumstances and lack of cooperation from original investigative entities.

Patrick Swiney's case is an unusual one. The justice system, being in total disregard in observing the difference between what's right and what's wrong, sent this man to prison for life without the possibility of parole. The lack of evidence in this case, and the harshness of the sentence bestowed upon this man is analogous to hanging an offender of a parking ticket violation.

THIS INVESTIGATOR'S CONCLUSIONS

Patrick Swiney is a sincere man who does not lie. I believe he does not remember what happened the night of the deaths and I do not believe he was responsible. Rather, I view Patrick as a victim of unsubstantiated innuendo and unlawful (inadequate) investigative and court procedures. It appears to me that the justice system was too quick to convict and I think this was in an effort to appease the general public, rather than taking the time to find out the truth of what occurred in this case. Though my investigation is not complete as of this date (see items above that need to be sought out), I feel assured that Patrick Swiney is at least innocent of murder and does not belong in prison (if he ever did). If he was responsible for the deaths, intent to harm was never there and I would view this as a "Crime of Passion". However, he may not be the person responsible for the deaths at all and after 10 years and so much evidence destroyed, it would be very difficult (if not impossible) to prove that he is innocent of Murder.

This new investigation finds many weak points in the process of finding Patrick Swiney guilty of Murder. It is fair to say though, that there are indications that the case should be treated as a "Crime of Passion", which carries with it much lesser sentence than the one given to Patrick Swiney.

WHY DO WE HAVE "REASONABLE DOUBT"?

  • Allegations that the State had suppressed exculpatory evidence reinvestigate 

  • The testimony of the State Medical Examiner regarding non-performance of autopsy examination find reasoning behind it. 

  • Time of death of the victims. -? 

  • Any other suspects? 

  • Inefficiency of defense and lack of Motion for Discovery. [The defense attorney relied on the DA's open files] 

  • Lack of medical examination of Patrick immediately after arrest. /Black-out/ 

  • Psychiatric evaluation of Patrick. ? [These records were destroyed by the psychiatrist - see letter to Patrick from the psychiatrist himself] 

  • Mike Campbell and his relationship with victims reinvestigate. His arrest records? 

  • Ronnie Pate. Investigate his records, drug connections etc. 

  • Patrick s Police reports and/or eventual drug ring investigation reports. Internal Affairs reports? 

  • Lab tests of projectiles v. lab test of the 22 barrel. 

  • Evidence of Betty and Ronnie Pate involvement in sexual intercourse. Vaginal swabs, DNA, etc. Any lab tests? If yes what were the results. 

  • Was there a paraffin test done on Patrick hands after the shooting. Results./?/[we now have this] 

  • Gun powder residue test of Patrick s clothing? [we now have this] 

  • Forensic tests of the window glass holes; Entry or exit? 

  • Blood spatters.-? Forensic lab discoveries? 

  • Shoddy police Investigative Team s work at the CS. Is it the usual procedure?

THE NIGHT OF THE SHOOTING

On the night of December 10, 1987, Betty Snow Swiney and Ronald Pate were shot to death in the home of Betty and Patrick Swiney.

Two nights before the shooting, Patrick and Betty had an argument. It was primarily over her son who was growing marijuana in the house. Patrick had been bugging her for weeks to tell her son to get it out of the house. Finally he told her that he didn't get the stuff out of the house, he was going to call the police. Betty flipped out over this and threw Patrick out of the house, including all his belongings. He drove to his mother's house and stayed there that night. The next day, he returned to pick up the rest of his things. These items included a clock radio, his AR7 .22 semi-automatic rifle and a couple other things. He placed them all in the front of the truck and returned to his mother's house. That night, he realized that in all the commotion, he had not fed the dogs. Betty had given him one of dogs for his birthday in October. A cute little Beagle, Patrick's all time favorite dog. He says it's because they are so smart.

Patrick's mother told me that he got all dressed nice and clean and neat that night and said he was going over there to feed the dogs. He was sober. No one is allowed in her house if they've been drinking, even today. Patrick said he went to three taverns and drank less than ½ a beer at each, which is highly unusual. He said he went to the taverns where he knew Betty could find him. He was making himself available for her, hoping she would show up. At the trial, the defense attorney told Patrick that the DA said he was prepared to put an officer on the stand who would testify that he saw Patrick sitting across the street for 1-1/2 hours before the shooting, stalking the house. The defense attorney advised Patrick to take a plea bargain of regular life and Patrick said no because he wasn't guilty of murder. The DA didn't put the alleged officer on the stand.

When Betty didn't show up at any of the taverns, Patrick left to go feed the dogs, deciding not to even let Betty know he'd been there. When he drove by the house earlier that day, there were two vehicles in the yard. When he drove up to the house to feed the dogs, he could see only Betty's vehicle in the yard. He parked his truck, walked across the yard and looked into the window. He saw Betty and a man [Ronnie Pate] in passionate embrace and fondling. That's the last thing he remembers. At that moment, he became unconscious from a severe blow to the back of his head. When he came to, he was inside the house. The rifle that had been in his truck when he looked through the window, was now in his hand. Well, not "in" his hand. The tip of the barrel was being held by his fingertips. He looked and saw the bodies lying on the floor, then felt the barrel in his hand. He was confused, but he immediately summoned help.

He told the police -- most of which were former colleagues -- that he had no idea what happened, that he was unconscious during the shootings, that his head felt like someone had hit him with a baseball bat. He was still in a daze but the police did not elect to send Patrick to the hospital for treatment. He was the one and only suspect and was taken in for questioning.

Here is a letter from Patrick's sister who was questioned by the police

Letter (1)

20 January 2000

Mr. Don Siegleman


Governor of Alabama
600 Dexter Avenue
Montgomery, AL 36104

Dear Governor

I am Patrick Swiney's elder sister. As of this writing, Patrick is 55 years old. I am retired and living on disability. I try to carry our mother to visit him in prison every couple of months if possible. Each year it becomes more and more difficult to make the long drive to Atmore. I live in Alabaster, Alabama, in the house where my brother was born. He never was a transient, so when Mike Campbell told the judge Patrick was a transient, to raise the bond, it was a lie.

I know many of the people who were involved in my brother's trial. I recently saw the hand-written police report by Lt. Stanley Oliver and was shocked at what I read. Stanley Oliver is my nephew [my deceased husband's nephew]. Stanley has done a lot of good things for me and my family. For the life of me, I don't understand why he lied about what I told him on the night of the shootings. I never saw his report until just a few months ago. I was unable to set that record straight during the trial because, though I was subpoenaed, I was never called to testify. I never told Stanley Oliver or any other police officer that my brother told me he "did it." Yet the police reports say this is what I told them [see attached]. There are other anomalies in the police reports but I never knew about them until just recently. As sad as it was that night, especially for my brother, I think the police could have done a better job at reporting things accurately. For one thing, our mother and I are not the only ones who saw Patrick's condition when he first told us of the shooting. My brother was in a state of shock. Our friend, Jerry Mead was at my house when Patrick arrived to have me call 911. Jerry also went to the crime scene with us, but Jerry's name isn't mentioned in any of the police reports I saw. I don't know why Jerry was never interviewed or deposed. He was never called to testify in the trial either. I don't understand this because Jerry could have told the jury how stunned and "out of it" my brother was, like maybe he was hit over the head to make him unconscious. I guess we'll never know for sure, but I do know one thing my brother does not lie. Anyone will tell you that Patrick Swiney will tell the truth even if it means he'll get into trouble for it.

I know what it feels like to be a victim of violent crime. My husband was murdered by two black men in Birmingham, Alabama. But even as a victim, I only wanted the guilty people to be punished. I would hope that if Nell Snow knew the whole truth she would also seek freedom for my brother. But with Mike Campbell being so close to the Snow family, and with him in a position to manipulate the law like he has, I seriously doubt Nell will ever really know what happened to her daughter. My brother was the only suspect. Therefore, everyone assumed he did the shooting. We all thought this even before the trial ever started - everyone the family, jury and newspapers just figured he did this. And, to make matters worse, Patrick didn't know because he was unconscious, so he couldn't say for sure. For that reason, he was willing to take responsibility.

My cousin, Mickey Johnson who is an attorney, told my mother and I how he was in the judge's chambers when the judge said the most they had was manslaughter. Mickey was going to represent Patrick at the trial but changed his mind at the last minute because he was worried that his own personal reputation might hurt Patrick. Mickey is also first cousin to Mike Campbell, the D.A. After Mickey changed his mind, our mother hired Dick Bell because she thought Dick and Patrick were friends, since they had worked together for two years. Patrick didn't know anything about the decision to hire Dick Bell until after all the fees had been paid, and my mother didn't know that Dick Bell was primarily a divorce attorney.

One thing I do know. Patrick didn't hunt them down like Mike Campbell said he did, and Patrick tried his best to get help as soon as he saw them shot. I know, because I was there when he asked for help. He was so shaken up over the shootings, he was white as a ghost, so much so that I swear, if someone had cut him with a knife that night, I bet he would not have even bled. He was in a daze and he stayed that way for a long while after he was arrested and before he was bonded out. Everyone ignored him when he said he'd been hit over the head with a baseball bat. I'll never understand why the police didn't send him to the hospital for examination to make sure he was all right.

If my brother shot Betty and Ronnie Pate, then it wasn't on purpose. And I think he has served more punishment already than was fair. But I have recently seen the State's forensic reports that say he wasn't the one who did the shooting, plus the police reports that are not accurate, so now I'm wondering what is going on. I'm told that the forensic reports were never shown during the trial [I don't know because I was not allowed to hear anything that went on at trial because of being subpoenaed]. But if these forensic reports were never shown to the jury, then this was far from a fair trial and it makes me think further that Mike Campbell had a lot to hide that I had not considered before because I didn't know about these things before. It also makes me feel certain that I was never called to testify just to keep me quiet.

Based on all of this, I ask you to do whatever is necessary to free my brother from prison once and for all. Free him without prejudice so he may not be called to trial again. After all he's gone through, he and our family deserve some peace for a change. We've all been in hell for 11 years for something my brother didn't do. Where's the justice in that?

Sincerely yours,

Robbie Carter
P.O. Box 156
Alabaster, AL 35007

FINGERPRINT REPORTS

The fingerprint reports are missing.

=======letter to CMS======

May 28, 2000

Correctional Medical Service
12647 Olive Blvd.
P.O. Box 419052
St. Louis, MO 63141-1752

Re Fraudulent Conduct by CMS Dear Sir/Madam

This letter is to advise you of the fraudulent misconduct and possibly criminal activities perpetrated by Correctional Medical Services (CMS) in the State of Alabama.

I am a 55 year old male in Alabama's prison system (Holman Prison). Since I've been in prison here, I have suffered three (3) heart attacks, developed inflammatory spinal arthritis as well as emphysema. Your being in the medical business, I need not tell you the dangers involved or the severe physical pain and adverse effects of these such medical conditions.

Just yesterday (5-27-2000), one of your supervisors, Ms. Wagner, RN, summoned me to the medical facility here at Holman. Upon arrival, your Ms. Wagner advised me that she was discontinuing all my medications due to the fact that I had missed three pill calls - which is an absolute lie. She said, "Swiney, I hate to do this, but I'm going to have to discontinue your medication." She then pulled records indicating (according to her) that it had been charted by nurses that I had missed three pill calls in a row. I advised Ms. Wagner that those entries in the medical records were fraudulent entries and that someone with CMS was falsifying documents. When I asked who had entered such false information, she flat refused to divulge this information. She also refused to give me contact information for Correctional Medical Services in St. Louis or Birmingham - with the exception of her name, she refused to supply me with any information which wasn't fraudulent.

I then said, "You are discontinuing all my medication, with full knowledge that I'm a heart patient," and she said, "Yes!" I then told her that she was denying me all medical care to a "known" serious medical need. She then said, "No." Now, surely your Ms. Wagner is not that dumb or stupid. This is clearly an overt act by Ms. Wagner on behalf of CMS to deny medical care to a "known" serious medical need, i.e., Deliberate Indifference!

As I understand it, this is not an isolated case of fraudulent entries of medical records by CMS Employees. I know of another case where the medical records indicated that a certain nurse had charted that she had dispensed medication to an inmate twice -- charts indicate this. Dr. Mouton asked this nurse (which shall remain nameless at the present) if the inmate had received this medication, and in front of this doctor as well as the inmate, she stated she had personally dispensed this medication. When Dr. Mouton asked her to retrieve that medication, upon arrival of this medication, it was obvious to Dr. Mouton, as well as everyone present, that the medication was sealed -- unopened. Thus, it appears to be the norm, not the exception.

Other dangerous practices which should be of concern, they frequently run the 500 p.m. and 900 p.m. pill calls at 500 p.m. Both medications at 500 p.m. Now, other than knowingly over-dosing a patient, I ask, how do they enter this into their fraudulent records? I have no 500 p.m. medication, so does that chart it as me taking that medication at 500 p.m. or 900 p.m.? They refuse to divulge this information.

Misconduct by *some* CMS Employees are the norm. One day, during the week of March 15, 2000, Ms. Amerson, LPN, got very angry at me for absolutely no reason (which is not unusual for her). Anyway, she blurted out loudly, "You can bet one thing. You'll need me before I need you." Very brilliant and professional statement indeed. This was witnessed by the Correctional Officer working the pill call window, Officer Byrant.

All of the above brings up a far, far deeper question. Sometime back, I wrote an article which was highly publicized, entitled, "Too Late To Debate???" - copy enclosed. In writing to "We the People", I express the near total absence of medical care by CMS and its Employees. I also asked the question if there was a conflict of interest between one of CMS' Regional Supervisors and the Alabama Department of Corrections. Every dollar saved by this CMS Supervisor, is a clear dollar profit for her company, Correctional Medical Services. And if such corruption did indeed exist, just how deep did this malignancy extend into the healthy tissue of a Free Society?

If publicly asked the question, could the complete denial of medical care by CMS, be a retaliatory move on behalf of the Company, or its Agents in Alabama?

Considering the seriousness of my medical needs, this would indeed be a most bold move on the part of CMS or any of its Agents. And I'm compelled to say, not a very bright move as should a wrongful death occur. Rest assured that it will not go unnoticed by my wife and family -- and documents are in place awaiting.

Your being attorneys and in the legal profession, obviously I need not remind you of Federal Conspiracy Laws concerning one of Constitutional Rights, and penalties, and the penalty for "should death occur during this conspiracy," and the fact that only an agreement be reached by two or more parties, followed by an overt act. Ladies and Gentlemen, the overt act is now in the open.

The fraudulent entries can be erased - true - but not destroyed. It is a well known fact about your fraudulent entries, and the false data entered into Medical Records.

In all fairness to the CMS Corporation, I cannot state that these evils extend throughout the entire company. It's quite possible it is limited to your operations in Alabama and especially Southern Alabama. This, I do know. Thus, I wanted your legal division to be fully aware of possible criminal conduct by your Agents here.

A first year law student or a first year nursing student would know fully that taking away medication from a person who has suffered three (3) heart attacks, is a most dangerous and callous move - if not down right evil move. Also, it s absolutely a display of Complete Indifference to a *known* serious medical need - ABSOLUTE INDIFFERENCE.

Now what powers your Regional Supervisor has over the nurses and if they are forced to enter false and fraudulent information on medical records, is yet another question. And if so, for what purpose other than for evil intent. Presently, I leave this question for others to consider. But should a wrongful death occur, this shall be a strong consideration or question.

Due to the fact that thousands of lives are at stake, and that human suffering is involved -- needless suffering -- I would ask that your Company immediately check into all of these Human Rights Abuses. Eliminate the cause(s) and assure to all that your Company's intent is most honorable with respect to your contractual duty to provide adequate and proper medical care for the people whose lives are entrusted to your Company and its Agents. And also due to the fact that your contract is paid for with Public funds.

Sir! Madam! Rest assured that I am not the lone voice which cries in the wilderness to end unnecessary human suffering and Human Rights Abuses. This letter as well as other documents are being closely monitored by Human Rights Organizations around the world. To think otherwise would be a grave error.

I ask that your Company put an end to your CMS Agents' fraudulent practices, retaliation, if that be the case, and criminal conspiracy, if such a conspiracy exists.

=== No man is an island === No corporation a God ===

Respectfully, I am
Patrick Swiney

Co-signed (We are all watching this closely)
Sherry Swiney
Wife and Executive Director
P.A.T.R.I.C.K. Crusade
http://www.patrickcrusade.org

International Bannister Foundation - Alabama State Coordinator
http://www.ibf.brum.net/enter.htm

PRUP Advisory Board Member
http://www.onelist.com/community/PRUP

CURE-Alabama Member
http://www.pkdata.com/cure/

Enclosure Too Late To Debate??? article

Copies

CMS Birmingham
950 22nd Street N, Suite 620
Birmingham, AL 35203

Alabama Department of Corrections - (cert./ret. Receipt)
Attn Andrew Redd, Legal Department 
101 S. Union Street - zip 36104
Post Office Box 301501
Montgomery, AL 36130-1501 

Amnesty International, London, England
Human Rights Watch, New York
International Bannister Foundation
U.S. Department of Justice, Washington, D.C.
Other Human Rights Organizations

  • Back