Date of this Report: July 9, 1999
Report Duration: July 14, 1989 through July 9, 1999
Prepared by: Sherry L. Swiney (wife)
PRISON ABUSE REPORT
Patrick Swiney is a Political Prisoner.The following is a list of prison abuses Patrick Swiney has endured thus far.The abuses are listed in date order.
Two Deadly Threats while in Hospital
On July 14, 1989, Patrick Swiney entered Alabama's Prison System.From day one, he has continually been abused by prison officials - this is documented!While entrusted to the care of the State Department of Corrections, he has suffered three (3) heart attacks, developed inflammatory spinal arthritis (which is extremely painful at times) and also developed emphysema.Yet, they continue to abuse him mentally, emotionally and physically.
Upon entering prison, and forcibly entrusted to the Rogue State of Alabama, Patrick immediately began suffering from medical problems (chest pains).He advised the medical staff of this and related that he had suffered from heart problems in the past, and that these pains were without doubt heart pains.Day after day he was continually denied medical care until he suffered two (2) heart attacks, which happened at a County jail while being there for Motions for a Retrial.He survived and filed an action in the U.S. District Court (Alabama's Middle District) asking this Federal Court for help.
The Honorable John C. Carrol, United States Magistrate Judge in the Middle District Court, was assigned to hear this action and has been the only member in "Alabama's" Federal Judiciary whom he personally observed to protect the United States Constitution and the laws of this land.This Magistrate Judge determined that one of the named defendants did indeed violate the rights of a U.S. citizen in a violation of the United States Constitution.Yet a Federal District Judge overruled the Magistrate Judge and dismissed Civil Action Number CV91-D-00978-N as frivolous! - meaning: trivial, silly.
This civil action reports that while in a free world hospital, in a critical care unit, just prior to and just after Patrick had undergone a dangerous medical procedure (closed chest surgery) to unblock a 100% obstruction in a heart artery, he was twice assaulted by guards with a deadly weapon (loaded revolver).This was entirely without provocation or improper behavior on his part and even the State records verify this.
This happened while he was chained to the hospital bed, I.V.'s in both arms, oxygen being administered, cardiac functions being monitored by radio signals, blood pressure so dangerously low that he was even forbidden to use Nitroglycerin to relieve pain.
The first deadly threat with a loaded weapon was just prior to this dangerous medical procedure: one guard talking to the other said, "I used to be one of those bleeding heart liberals until I had to start baby-sitting the goddamn convicts.Now I'd just as soon shoot them as to look at them."At that time, he pulled his loaded revolver, pulled the hammer back, then pointed it directly at Patrick who was lying in the C.C.U. bed.Strictly by the fate of God Almighty, Patrick's mother, sister and aunt had been approved to visit, and witnessed this deadly threat while beside the entrance door to this C.C.U. room.
The second deadly threat came from a female guard right after this dangerous medical procedure had been performed and Patrick had just returned from surgery to the C.C.U. room.She was telling Patrick that both legs had to be chained to the bed.He advised her that if he dared to move his right leg even an inch, he would rapidly bleed to death, that the Warden had ordered the right leg not be chained and Patrick asked her to check with the Warden.Her reply was immediate!"You hand me one bit of shit and I'll pop a cap right in your ass."She then pulled her loaded revolver, pulled the hammer back, and pointed it directly at Patrick in the C.C.U. bed.Both times, technicians were down the hallway monitoring cardiac functions, and nurses began pouring into Patrick's C.C.U. room.Apparently his physiological or biological reaction to yet another death threat had set off monitoring alarms via radio signals, thank God.Once again, Patrick turned to the U.S. District Courts in Alabama, and once again they answered by dismissing his pleas for help as frivolous: trivial, silly.See Civil Action Number CV-91-D-00978-N.
His first heart attack was on August 14, 1989 at Shelby County Jail in Alabama.His second heart attack was on August 16, 1989 at the Kilby Prison Facility in Montgomery, Alabama.The first death threat occurred on August 21, 1989 and the second occurred on August 22, 1989.The guards who made these death threats were employees of Montgomery Security Company, contracted by the State of Alabama Department of Corrections (D.O.C.).
Sprayed with Insecticide after Heart Surgery
Afterwards, while confined to a 5 ft. x 8 ft. cell at Kilby prison, while all the windows were closed, with full knowledge of his heart condition, prison officials set off insecticide bombs in these very confined spaces - no ventilation - no air to breathe except that which was completely saturated with insecticide.The United States District Judge for "Alabama's" Middle District dismissed his pleas as frivolous: trivial, silly.Civil Action Number Unknown.
Inmates Robbed Patrick
Prisoners hate police officers with a passion.While at the Kilby Prison Facility, Patrick was attacked by 3-4 inmates and all his meager belongings were stolen.Shortly thereafter, he was transferred to Holman Prison in Atmore.
Medication Refused at Holman
If it appears that the abuses in other facilities were bad, they are even worse at Holman Prison.With his inflammatory spinal arthritis, Patrick is often in severe pain.For the first few years, he was rarely allowed "any" medical care.Medication or pain relievers were completely denied.Not even an aspirin was provided to him.It took two (2) years before Patrick received an aspirin for his pain.One guard felt so sorry for him, that one day he risked his own job and snuck in some aspirin for Patrick.Patrick's family complained severely until Patrick finally began to receive some medications, but these were given reluctantly and the retaliations began again.
Death Threat by Warden
On one of the occasions when his mother called the prison to complain about the way he was being treated, Patrick was called into the Warden's office and when he left the Warden's office, Patrick truly feared for his life.It has been reported by so many people so often, that it seems to be "common knowledge", that many so-called suicides within those prison walls are not suicides at all.These alleged suicides happen in lockup which is a 5' x 8' concrete cell, a hot box with little or no ventilation.Hot boxes were supposed to be outlawed in the United States a long time ago.So when an inmate is put in lockup at Holman - even a young, healthy and strong inmate - there is justified reason to fear for their life.And when that inmate is a heart patient in his 50's, his wife and family have every reason to go ballistic with fear.
Warden Calls Patrick his "Problem Child"
In April, 1996, Warden Jones told Patrick's wife-to-be that Patrick was his "Problem Child."When asked why he calls Patrick by that name, Warden Jones replied that, "Patrick is always writing things about the prison that are detrimental.He sends his letters out to officials and I don't like them coming to check up on us like that [sic]."
Warden Refuses to Recognize Marriage
On August 19, 1996, Patrick and Sherry Swiney were married by Common Law.In spite of case law and constitutional law, Warden Jones and Deputy Warden Farrell forced Patrick to list his wife as a friend, refusing to recognize their marriage in direct violation of Alabama State Law Scott vs. Board 540 So. 2nd 657 , and also Title 12 12131 (w) 12-19-90 (8).A letter from the Commissioner of the Alabama Department of Corrections recognizes the marriage but Warden Jones and Deputy Warden Farrell continue to ignore this lawful marriage.Inmates are entitled two (2) friends, plus their families, on their visiting lists.Forcing Patrick to list his wife as a friend, prevents Patrick from having one additional friend on his visiting list.
DOC Tries to Steal their Letter Back
On October 8, 1996, the Department of Corrections wrote a letter to Patrick letting him know that when he receives an invitation for political asylum from another country, they would be happy to do everything they can to help him when the time comes.Patrick immediately mailed the original of this letter to his wife.Two days after Patrick received this letter from DOC, the guards performed a "general" shake down, but only on Patrick - not the entire dorm.At the end of this shake down, having not found what they were looking for, one of the guards asked as though it were a passing thought, "By the way, what did you do with that letter the Commissioner wrote?" [see offer.htm for copy of DOC's original letter]
Wife Harassed by Warden
In October 1996, when Patrick's wife called Warden Charlie Jones to arrange for a special visit because she was getting ready to drive 2800 miles from Idaho (alone, in winter time) to see her husband, she was given the royal run-around and flat lied to.Because of this, she immediately documented those conversations verbatim.After getting the run around the first time (before leaving Idaho), Patrick's wife called D.O.C. in Montgomery to report that Warden Jones was refusing to advise if the special had been approved or not and she discussed his mannerisms toward her as well, for he had been extraordinarily rude for no reason at all.The next time she called Warden Jones to ask if the special visit had been approved, he suddenly exclaimed that Patrick was going to be charged with insubordination, which meant lockup.This caused Patrick's wife grave concern about Patrick's well-being and she made several telephone calls to his family during her 7-day drive to Alabama, asking them to keep checking on him to be sure he was okay.
At the last minute, Warden Jones finally "officially" denied her visit.He made it clear to me that he was angry that she had called the Department of Corrections.As it turned out, there never was an insubordination charge.The Warden was simply using "scare-tactics" on her over the telephone as a measure of retaliation.A thorough review of prison records will reveal that Patrick - at that time - had no disciplinary charges against him while at the Holman Facility.His conduct is and has been exemplary.A letter from a recently retired prison guard attests to Patrick's good conduct all these years.Yet, the Alabama prison system has been continuously abusing Patrick, and now it has resorted to directly abusing his wife - a person who is not in their care - too.
Some of the retaliation measures are in the form of attempting to induce stress, which is known to be harmful to a heart patient.In February, 1997, all of Patrick's magazine subscriptions were halted by prison officials.They said this was because he had suddenly broken an in-house rule regarding ordering procedures.Prison records of these orders will show that no rules had been broken.Another letter campaign to Governor Fob James regarding this ensued.In March, 1997, Patrick began receiving his reading material again.
NPDF Begins Its Investigation
In the month of April of 1997, The National Police Defense Foundation decided to investigate Patrick's criminal case.Dr. Boris deKorczak, Chief Investigator for the NPDF, was assigned to Patrick's case.Once the prison officials heard about the investigation, retaliation measures stepped up and progressively got worse.
Incentive Package Denied
On April 17, 1997, Patrick received a citation for smoking a cigarette inside the building.The citation was written up by Officer Hetrick.Hetrick told Patrick (in front of Captain Pouncey) that, even though he had not actually seen Patrick smoking, he figured he'd write him up anyway, thus taking away Patrick's annual incentive package.An Incentive Package can contain items from an approved list and the family can send one or two of these each year to an inmate.Each package can weigh up to 20 pounds.The approved list includes items that inmates cannot get from Prison Stores with the money family members send to them.The approved list includes items such as toiletries, hygiene supplies, certain snacks, socks, T-shirts, and so forth.In winter socks and T-shirts are necessary to help keep inmates more comfortable.Holman Prison does not provide heat to the prisoners during the winter months.
The difference between a citation and a Disciplinary is as follows: If an inmate receives a "Disciplinary," he is entitled to argue his case in court, in the event the Disciplinary is unjustified.However, if an inmate receives a "Citation," he is not entitled to any action whatsoever and must therefore suffer whatever punishment comes his way, whether he has done anything wrong or not.Since Officer Hetrick had written up a citation, Patrick could not argue his case to substantiate that he was not smoking inside the building at the time (although - in truth - he and other inmates have smoked inside the building before and the guards never took any action before; in fact, the guards smoke inside the building too).A retired Corrections Officer is willing to testify that the guards typically allow infractions of this nature, knowing they can use them against the prisoners whenever they feel like causing them problems.
Prisons are State buildings and as such smoking is not allowed inside the building, but abhorrent behavior is allowed.For example: open masturbations by groups of young inmates in front of female guards, open homosexual activities, and use of illegal drugs are allowed.However smoking a cigarette is not allowed.Yet, the biggest male prostitute in Holman prison was allowed his incentive package.Sodomy in Alabama is a felony, yet it takes place flagrantly at Holman without disciplinary action.
Guards Threaten to Run Patrick Outside When Summer Comes
Also in April, 1997, prison guards suddenly decided to tell Patrick they were thinking about forcing him outside in the heat of the day, knowing how the heat and humidity in Alabama will be harmful to him.The guards and Warden Jones are fully aware of his physical condition.There is no shade outside and no place to sit except on the ground.There are no guards outside to protect the older inmates or Patrick who was a police officer, from the young inmates who thrive on creating conflicts.
A former police officer doing time is "hard time".Inmates hate police officers with a passion, and prison officials know this.But, Patrick stays to himself, not bothering anyone because he is a peaceful man who does not want conflict.As a former police officer, he may be able to take care of himself one-on-one, but not with a gang of young police-hating inmates.In April, 1997, his wife worried greatly about Patrick's present physical condition and age.The guards new threats caused her to worry greatly about how well he would be able to defend himself, if forced outside where there are no guards, where there is no shade in Alabama summer, where there is no place to sit.
The plot to run Patrick out in the hot sun was premeditated cruelty.They knew in April, 1997 that they would find a way to run him out in July, 1997!Running Patrick outside in the month of April would not be as harmful to him as running him out in the month of July when heat indexes in Alabama are 110 degrees and above, with humidity at 90% and above.It would be easy because they had stored up minor violations for use any time
Here is how they played out this conspiracy to harm Patrick.We refer to this incident as the "Peanut butter raid."
The Peanut Butter Raid
Patrick has a written order from the prison doctor [Dr. Wilson] that he needs to be on a low cholesterol diet because of his heart condition. His diet card reads "DIET CARDNO. 154406 Name: Swiney, RonaldDiet: Low Cholesterol diet PermanentSTART DATE 12/15/93STOP DATE PermanentPHYSICIAN/BY Wilson". [See replication of diet card below].
The prison officials have ignored this order from day one. To date, he has NEVER received the doctor's diet.Patrick had not had a glass of milk since 1989 until 1999 when milk was finally placed in the vending machines where visitors can purchase milk for him..When the prison gets fresh vegetables, they give this to the other inmates, but they do not give this to Patrick.They tell him that "Diet Line" is strictly for diabetics.They continue to give him cheese, eggs, and fried and greasy foods.Occasionally he manages to get some canned green beans and a piece of bread because they happened to have that on the plate with the cheese and fried meat.He usually can't identify what kind of meat it is anyway, except that it's fried or dripping with grease.
Well, Patrick couldn't eat that stuff, so the kitchen staff gave him high protein peanut butter, and he openly survived on the peanut butter as his primary source of food for about 8 years.
The prison guards never complained about this for 8 years, until July 10th 1997 when they conducted a surprise wake-up shake-down on him, found the peanut butter and 7 bars of state-issued soap, and wrote up a major disciplinary on him.[See disciplinary report below].
A disciplinary in prison is very serious.A Major Disciplinary is extremely serious and typically comes when an inmate is caught with a weapon or drugs or when he kills someone.A major disciplinary usually warrants 30-45 days in lockup!
Patrick's wife was frantic when she heard this news.She knew Patrick would die in lockup.She called the National Police Defense Foundation (NPDF) and they sent a fax to the prison which avoided lockup.Because of this fax, Patrick's punishment for having peanut butter in his possession was reduced to 15 days "shut down".This meant no stores, no telephone, no visitors.We could easily handle that in lieu of the former life-threatening indication.Without exaggerating, this fax saved Patrick's life.[See NPDF's fax message below].
On July 16, 1997, Patrick attended a Disciplinary Hearing where he was to argue his case regarding the peanut butter.He had been allowed to prepare a statement but he was not allowed to read his statement.A female guard read it for him.Another guard laughed through the entire reading so loudly that no one else in the room could hear what was being read in Patrick's defense.These are white folks doing this.These are the "good" Christians of the community, who go to church every Sunday.Patrick was sent back to the dorm, unheard.[See Patrick's statement below]
Since Patrick could not get peanut butter any more, he began to lose weight because Prison officials would not allow him in the Diet Line where fresh salads, orange juice and biscuits are offered.They tell him that Diet Line is only for Diabetics.He went from 197 to 166 in less than 30 days and no one even noticed!Finally another inmate, by the name of Holbrook, who just got out of cancer surgery after Prison officials ignored his complaints for about 2-3 years until he was just about on his death bed, started giving Patrick a vitamin supplement called Ensure - one a day out of the 3 per day prescribed to Holbrook by the prison doctor.Patrick began to feel better with just that, and his wife and family were all very hopeful again that he would be fine.Holbrook died in 1998 from medical complications.
On July 23, 1997 the prison officials decided it was time to run Patrick outside into the hot sun [it's around 80-90 degrees many July mornings by 7:00 AM].They told him they just wanted him to stand out there for 1-1/2 hours.This was in direct violation of standard prison policy not to run heart patients out and the written orders from Dr. Wilson.Consequently, Patrick became very ill and was taken to the hospital and hooked up to an EKG and watched for about 4 hours.Patrick's wife had NPDF write them again.She had hundreds of people call the prison and Department of Corrections and write the same, plus everyone involved wrote to the Governor about the intentional abuse that was going on that could kill her husband!This time, prison officials told everyone he was being well cared for and that all of his needs were being met.
This time, not even NPDF was been able to stop these abuses by diplomatic means.Apparently the Prison Commissioner gives his blessings for these evil abuses.NPDF gave up.The incidents of abuse were too many and the calls for help coming from Patrick's wife to NPDF's Executive Director were more than NPDF could handle.NPDF eventually dropped the case, their Chief Investigator subsequently resigned from NPDF and continued "caring" but due to lack of funds and closed doors throughout the State of Alabama, that was all the Chief Investigator could do.
On July 28th 1997 Patrick was hand-cuffed and taken to Deputy Warden Jerry Farrell's office.Captain Pouncey was there too.Farrell accused Patrick of writing a letter to him and not signing it.Patrick told them that he had no reason to write to the Deputy Warden, but rest assured if he did, he would surely sign it because he signs all his letters to everyone.He was returned to his dorm unscathed except for having to endure the harassment.Prison Officials know that stress is a killer, especially for heart patients.So, you put 2 + 2 together.Governor Fob James and the Department of Corrections were notified of this harassment and to date there has been no response.
On July 30th 1997 Patrick's wife found out that they had taken his drinking cup from him during the peanut butter raid and would not give it back.This may sound like a very small thing, but when you haven't got a drinking cup, it becomes very important.Patrick subsequently found an "instant soup" Styrofoam cup to use for drinking liquids.He thought perhaps they'd either give his drinking cup back or perhaps he would be able to receive one in his next incentive package at Christmas time.However, in May/June, Patrick's incentive package rights were taken away for allegedly smoking a cigarette inside the building.Several letters were written to the Warden, the Commissioner and the Governor, telling them to give Patrick back his drinking cup, citing that their actions were fundamentally inhumane.In November, Patrick was informed that he would be able to receive his Christmas package.
On August 1, 1997, Patrick's shut-down period ended and his wife, was able to visit him again.He looked weak and pale from all that he'd gone through. Prison officials were still not giving him food that he could safely eat.Since he didn't even have the peanut butter to fall back on, he'd gone from 197 pounds to 166 pounds in 30 days.Patrick is six feet tall.His normal weight is 190-195.His wife was extremely alarmed about her husband's sudden weight loss.Friends, colleagues, and family will testify that before his incarceration and the abuses he's endured, he was a healthy man with vitality.
On August 4, 1997, Patrick visited the prison doctor.The doctor tested his blood pressure and gave him a test for TB.They still had not tested him for cholesterol or given him anything for his pain.Patrick's wife and mother wanted to get the prison doctor to order a cholesterol test and to prescribe a vitamin supplement for him so he could get back on his feet.Dr. Wilson told Patrick's mother, a registered nurse, that he wasn't allowed to speak to the family about his patients.The doctor's orders for a low cholesterol diet remained enforce, but officials continued to violate that order by ignoring it.
On August 5, 1997, prison officials ran Patrick outside again.Captain Allie T. Pouncey said, pointing to Patrick, "Especially get that one out of here!"Patrick had been scheduled to see the doctor for some tests, but by the time he was allowed back inside, the doctor was gone.
On August 6, 1997, it rained and no one was sent outside.
On August 7, 1997, they wanted to run Patrick out again.He showed his medical stop-up to Deputy Warden Jerry Farrell.The Deputy Warden read it and said, "No being in the hot sun for 6 months.That's simple.Get in shape!"Then he ran him outside in the hot sun.The dorm officer, Mike Austin, said to Patrick, "It's pretty damn obvious they're picking on you!"All of these things constitute cruel and unusual punishment which is a flagrant breach of our U.S. Constitutional protections.The Deputy Warden and others do these things openly because they feel they are protected.By whom are they protected?They must be protected by their boss, Warden Charlie Jones who must be protected by his boss, Commissioner of the Department of Corrections, who must be protected by the Governor of Alabama.
On August 14, 1997, Patrick went through another shake down.Nothing was found and he was left alone to clean up the mess the guards had created.Pure harassment.
NPDF Visits Holman Prison
On August 28, 1997, NPDF Chief Investigator and assistant, Phil Sullivan, visited Holman Prison.When they spoke to Deputy Warden Farrell about running Patrick outside into the hot Alabama sun, Farrell told them that he had verbal orders from the prison doctors that Patrick needed fresh air.This was news to all of us, and we all suspect this was a lie to protect Farrell and the other prison officials from the crimes they had committed against Patrick.They've been running Patrick - and just Patrick - outside every day since then.
Continued Mail Rejections
On September 4, 1997, Patrick received a mail rejection notice signed by Charlie Bodiford.The notice was rejecting a newsletter from the militia of Montana.He'd been receiving this newsletter for a long time and so have several other inmates at Holman.When Patrick took this rejection slip to the lady in the mail room, she said, "Apparently Mr. Bodiford don't like you for some reason; he rejected your newsletter while at the same time, he let Michael Jordon receive his - even in the same dorm (Michael Jordon AIS #138154 lives six beds from Patrick's bed).
On September 16, 1997 Patrick received another mail rejection notice by Charlie Bodiford.The notice was rejecting "Workboat Magazine" which is a free publication and non-subscription.Mr. Bodiford rejected the magazine stating that it was "not prepaid from [Patrick's] PMOD account."When Patrick wrote back explaining that this publication was non-subscription, Bodiford wrote back, "All subscriptions are prepaid from PMOD account.This magazine was obtained by fraud because you sent for it as Captain Patrick Swiney, All Star Company.Therefore, the publishers think you own a boat which you don't."Where do they get this stuff?
Wife and Investigator are Removed from Husband's Telephone List
On October 27, 1997, Deputy Warden Farrell also took Patrick's wife [Sherry Swiney] off his telephone list with full knowledge that she is a vital link in his quest for justice.He also apparently removed Dr. deKorczak off Patrick's list.Dr. deKorczak was the Chief Investigator on Patrick's case [See Sherry's letters to the Prison Commissioner below]
On November 20, 1997,Patrick's wife called the DOC office.Commissioner Hopper was out of town and Deputy Commissioner Mr. Sutton was unavailable.She spoke to the secretary there who informed Patrick's wife that they were still taking this situation under consideration and advised her to call back in one more week.To date, Patrick's wife's name has not been returned to his list which continues to hinder the process of bringing justice to our case. [See 2nd letter to Commissioner below].
Prison Withholds Legal Mail
On February 25, 1998, Patrick received documents from the Alabama Board of Pardons and Parole dated October 7, 1997.It took prison officials five (5) months to find him in their system (apparently) while he'd been at Holmanprison for almost 10 years at that time.Why would the Alabama DOC be hell-bent on keeping an innocent man in prison?And the more he "proves" his innocence, the more sadistic they become toward him, compounding the injury [i.e., to a conspiracy]?
Chief Federal Judge Retaliates against Patrick for Writing an Article
On June 11, 1998, Patrick wrote an article titled, "Too Late To Debate???" [See copy of article below or visit www.patrickcrusade.org].
On June 26, 1998, Chief Justice Butler of the United States Southern District Court, completely without jurisdiction or counsel, and completely outside these proceedings or any other proceedings, called the US Marshal's office and ordered the US Marshall to tell Warden Jones to place Patrick in lockup [the "hole"] for writing this article. The Chief Justice had read the article, so he knew Patrick's age and frail health.The Chief Justice knowingly placed Patrick in an immediate life-threatening situation because this widely published article, violating Patrick's freedom of speech.Chief Justice Butler told the US Marshal that Patrick had threatened a Federal Judge and wanted Patrick kept in the hole until an investigation was completed.He only remained in the hole for 72 hours because of an Internet-spawned protest of hundreds of activists calling and faxing letters round-the-clock to the Governor, the US Marshal, and the Warden warning that this was a medical emergency and that they would be held responsible if Patrick died. [See http://www.patrickcrusade.org/UrgentAction.htm ].
Magistrate Judge and Attorney General cover up Facts
Patrick filed with this U.S. District Court a Writ of Habeas Corpus.The United States District Court in "Alabama's" Northern District assigned his plea for justice and freedoms from persecutions (The Great Writ) to their Magistrate Judge Greene.
It took almost two (2) years for any actions to proceed on this Great Writ.Finally, Magistrate Greene issued a court order ordering Patrick to disclose the statements made in closing arguments that trial prosecutors (persecutors) made that were prejudicial and volatile of a fair and impartial trial, and he also ordered evidence of a wrongful conviction.Patrick promptly complied with the orders of this Court and submitted evidence to the Court.
He respectfully pointed out to Judge Greene as well as the Attorney General for the State of Alabama, not only the insane remarks made in trial, the out and out lies offered to the jury, but also pointed out the "Facts" that an active conspiracy existed among State Officials to wrongfully convict Patrick under the pretense of law and order, and of due process, that these "Facts" were documented! and could easily be proven.Patrick also set forth to this Magistrate Judge the abuses by prison officials which were drastically impeding the legal process that is mandatory in seeking relief under this Great Writ of Habeas Corpus.He also set forth to this Court the retaliation by State officials for even seeking relief from a wrongful conviction and the impeding of the legal process.As of the time Patrick wrote these things, he still had not received a full and complete report and recommendation of Judge Greene's issued report, and yet he had already received the State Attorney General's reply to this report by Judge Greene.The Attorney General gets all papers - Patrick received nothing - and he had promptly complained to this Court about these types of illegal and improper happenings, yet the full report was still not in my hands.
The part of Judge Greene's report that Patrick finally did receive and the reply from the Attorney General was shocking!Not only did both flatly refuse to order an investigation into these "Conspiracy Facts," where both State and Federal criminal acts were committed - not only do they demonstrate the arrogance and gall to ignore such facts, but both the Federal Magistrate (Greene) and the Attorney General for the State of Alabama (Pryor) have joined together in asking the United States District Judge to deny any and all relief to Patrick - denying his right to this Great Writ of Habeas Corpus.
In their joint request to this District Judge, they both assert everything, EXCEPT the "Facts."They cite terms such as precluded, preclusion, rule of limitation, and everything except dealing with Facts, Truth and Justice.Consequently, they have rejected authenticity, certainty, accuracy and justice - and they have presented a preference for fiction, lie, partiality and inequity.
Even this United States Magistrate Judge uses and cites hearsay testimony as evidence to convict Patrick - with full knowledge that it's absolutely impossible for Patrick - or anyone else - to defend themselves against hearsay testimony.Even a first-year law student knows this fully.By his actions, this Magistrate Judge relieves all the burden from State to prove their case - GUILTY UNTIL PROVEN INNOCENT.
On April 30, 1998, Patrick wrote, "They ran me out this morning, not a dry spot to be found.I sent a certified return receipt letter this morning to Joe Hopper, DOC Commissioner for any legal actions including wrongful death suit."
On April 30, 1998, Patrick wrote, "[ I ] Received two court orders yesterday.(1) Petitioner's motion is Denied to supplement record."(2) "Petitioner also filed an Alternative Motion for appointment of counsel.This is petitioner's first request for appointment of counsel.The motion is hereby denied at this time as the issues do not appear to be complex and petitioner has shown the ability to litigate this action pro-se Ulmer v. Chancellor, 691 F. 2d (5th Cir. 1982)."
GENERAL SUMMARY OF PRISON CONDITIONS
The physical conditions inside Holman prison are dank and dungeon-like.The dorms have a rank odor to them because of the unsanitary environment.The concrete walls are frequently steamed up from showers because the ventilation is poor or completely non-existent.Mold and fungus grow on the ceilings and walls in the dorms because of the extreme moisture.Breathing in the fungus and mold spores and living daily in an unsanitary enclosure is conducive to illness and disease.This is a threat not only to the inmates but to the public as well.For the elderly in prison like Patrick (people over 50), staying healthy is an almost impossible challenge.
In summer there is no air conditioning inside the prison.The humidity and sweltering heat of Alabama summers is hard enough on the young, healthy and fit.For one who needs medical attention, the heat can be quite harmful.In winter there is little heat.Winters in Alabama are not unusually too severe but temperatures get down to the mid-20's to mid-30's.Because of the typical humidity, the cold and damp air aggravates Patrick's arthritis severely.
The inmates at Holman do not receive fresh vegetables, fruit, milk, orange juice (unless they are diabetic), or even good meat to maintain a well-balanced diet.It is obvious that the State regards inmates as less than human, so why feed them anything nourishing?For that matter, why give them anything people require to survive in a healthy way?After all, they're just "prisoners," not human beings.
The noise level is excessive round the clock consisting of inmates in population, where 80-90 inmates share a dorm, yelling at each other continuously, metal doors slamming with earsplitting reverberating clangs.It dies down a bit between the hours of 2 am and 4 am and that's when Patrick is able to get some sleep, albeit with "one eye open" because it is literally dangerous in there for a former policeman.
Patrick has to argue continually to try to receive a balanced diet.He must stay away from high cholesterol foods like liver because of his heart condition.Yet, prison officials at Holman tell him he "must" eat these foods or go without.Yes, he tells them that he should not eat these kinds of foods because of his physical condition.He shows them the prison doctor's written orders for a low cholesterol diet.What he receives in return is retaliation.
Since his incarceration, my husband has suffered three heart attacks and has developed inflammatory spinal arthritis due to the extreme stress that prevails upon him because of the persecutions he continues to receive.While we fight for justice, Patrick continuously receives retaliation from prison officials.
NPDF's Fax to Holman Prison
NATIONAL POLICE DEFENSE FOUNDATION
VIA FACSIMILE :334-353-3891
July 24, 1997
TO: Charles Jones, Warden Holman Prison
FROM: Joseph Occhipinti, Executive Director National Police Defense Foundation
SUBJECT.Inmate Patrick Swiney
The National Police Defense Foundation, a Congressionally recognized and IRS approved 501 (c) (3) non-profit foundation, has been conducting an inquiry into the murder conviction of former Alabama law enforcement officer Patrick Swiney.
During the course of our inquiry, it has come to our attention that despite the documented medical and coronary disabilities of Mr. Swiney, he was ordered to work outside In the hot sun without any protection by correction officers.We have been told by the Swiney family that Mr. Swiney has a history of three heart attacks and his present medical condition is deteriorating.
In View of the above, I am bringing this matter to your attention for your appropriate investigation and action. r have asked NPDF Investigator Boris De Korczak to monitor this situation and conduct a follow-up investigation into these very serious allegations.
In the event yet need to contact Investigator De Korczak, he can be contacted at telephone number 703-503-3350.
Your cooperation and assistance in this matter is greatly appreciated.
cc: Alan Wolin, Esq. NPDF Chief Legal Counsel Boris De Korczak, NPDF Investigator
1422 K Street NW - Suite 841 - Washington, DC 20005 - 800-556-0597"[end of NPDF fax to Holman prison]
PATRICK'S MOTION WRITTEN WHILE IN THE HOLE
Written on June 28, 1998 - Submitted on July 6, 1998
As of this date [July 7, 1999] there has been no response from the court
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
RONALD PATRICK SWINEY
vs. x CIVIL ACTION NO. 96-P-2823-S CHARLIE JONES, Warden: ATTORNEY GENERAL FOR THE STATE OF ALABAMA
MOTION TO SUPPLEMENT
AS TO RELIEF ONLY
Comes now the Petitioner, pro-se, in the above action, asking this Honorable Court to supplement his petition for Habeas Corpus as to relief only.The supplement relief sought is for the Petitioner to be allowed to leave these United States of America and to go to a country that would offer political asylum so that this Petitioner can escape the political persecutions that he has suffered at the hands of the Alabama State Government for the past 10-1/2 long hard years.This Petitioner seeks relief from political persecution.
This supplement is being written from a punitive isolation cell at Holman Prison.Actually, a 5ft. x 8ft. concrete oven they call a cell.Isolation is because of a published article written by Petitioner (enclosed) to expose the human rights abuses and atrocities committed by prison officials with the blessings of the government of the State of Alabama, including but not limited to, the State Attorney General, as well as the sitting Governor, who openly stated to the public that the Bill of Rights does not apply to Alabama (ref: June 7, 1998, NYTimes, EDITORIAL OBSERVER, The Politics of Embarrassment in Alabama, By HOWELL RAINES).I find redress to any Gestapo rogue government and its agents complete a fruitless endeavor and ask this Honorable Court for relief from these many long years of political persecutions.
To verify my claims, I remind this Honorable Court of the Judicial Order placed on the Petitioner dated 24 March 1998 which ordered Petitioner to disclose what portions of the prosecutor's argument were prejudicial to Petitioner.Needless to say, the Petitioner responded by honoring said Court, and its Order by disclosing these statements as required by this Honorable Court.Thus, this pro-se Petitioner not only pointed out these prejudicial remarks, but also pointed out to this Honorable Court the impossible burden imposed - with prison officials' retaliation with their mental, emotional and physical abuses on this Petitioner.
Petitioner also pointed out to this Honorable Court all of his ill health - three heart attacks, inflammatory spinal arthritis and emphysema.Petitioner also clearly pointed out to this Honorable Court, that an active conspiracy by State officials was involved to deprive of the ability to defend himself, and pointed out the necessary elements involved to verify this conspiracy to destroy exculpatory evidence forever.And all said documents were served on the Alabama Attorney General.
The Alabama Attorney General responded by asking this Court to dismiss the Petitioner's Habeas Corpus.No inquiry as to the abuses, the retaliation, the "criminal" acts by State officials - No!The Chief Law Enforcement in this State, the Alabama Attorney General, asked this Court to further deny rights guaranteed under the United States Constitution - thus, compounding the injury to this pro-se Petitioner.
It is "certainly" not the Petitioner's view or opinion, but continually, State officials have implied that they have an unusually close and cozy relationship with the Federal Courts in Alabama.In the Gestapo rogue state of Alabama, our only hope for justice is in the Federal Courts - our "only" hope, our only "possible" relief from political persecution lies "solely" with the United States Court.If only these courts could open their ears to the cries of the abused - the persecuted - the atrocities.
I am personally sitting in a 5ft. x 8ft. concrete oven (they call it a cell), as I write this supplement.I am in this "cell" simply because of a published article I wrote exposing just "some" of these abuses - and warning the citizens of these United States of the possible dangers to them because of the neglect and abuse.Today, my wife was to visit me from out-of-state.I'm not even allowed a telephone call to let my family know I'm alive.Why?Because prison officials say that I made a three-way call to some Federal Judge???
But my persecution is not limited to "self" - they persecute my precious wife and the rest of my family.Thus, I beg this Honorable Court for relief from this political persecution.
The sole purpose for prisons is to separate offenders from society.I have no problem with this concept, but surely this does not apply to innocent people.But if this Honorable Court would grant this relief - to leave this country forever and find refuge in a foreign - yet humane and fair country - then regardless of guilt or innocence, I shall be separated from political persecutions of the State of Alabama forever.It would be a win-win situation for everyone.And no political persecutions for myself or my wife or my family.Now how could this rogue state possibly complain?
I presently do not have a country offering political asylum but with a United States Federal Court Order in hand, surely I could find one soon that would hear and entertain my plea for protection from political persecution by the State of Alabama.I pray this Honorable Court will grant relief from these abuses-atrocities-and persecutions.
Respectfully submitted this 28thday of June, 1998.
Ronald Patrick Swiney
So is declared this 28thday of June, 1998.
Ronald Patrick Swiney
Sherry L. Swiney
Clerk of the Court
United State's District Court
1729 5th Avenue North
Birmingham, AL 35203
Office of the Attorney General
State of Alabama
11 South Union Street
Montgomery, AL 36130
Ronald Patrick Swiney
2-41 Holman 3700
Atmore, AL 36503
Files of Sherry Swiney
SHERRY'S LETTERS TO PRISON COMMISSIONER
Written on October 27, 1997
As of this date [July 9, 1999] there has been no response from DOC and Mrs. Swiney is still off her husband's telephone list
October 27, 1997
Commissioner Joe Hopper
Department of Corrections
Deputy Commissioner Mr. Sutton
50 Ripley Street
Montgomery, AL 36130
Dear Commissioner Hopper:
It was brought to my attention this morning that there was an erroneous charge made against my husband, Mr. Patrick Swiney, AIS #154406, at Holman Prison today.The consequence of this charge was the immediate removal of my telephone number from Patrick's telephone list.Please allow me to transmit to you what occurred.
At approximately 8:30 a.m. today, after Patrick Swiney was sent outside, he was summoned to the Deputy's Room.There, Captain Pouncey told Patrick that I had organized or arranged a 3-way telephone call between myself, Patrick and another former employee of Holman Prison.I was told that a Sergeant was present to witness this accusation, but because of the current lack of communication thus far, I do not know the Sergeant's name.(post script from Patrick's 11/3/97 letter:It was Sgt. Gray who was present to witness this accusation).
At approximately 10:30 a.m. today, I called Deputy Warden Jerry Farrell to ask what transpired and to tell him that there must be some mistake, for my telephone system is incapable of 3-way conversations.Please see the enclosed affidavit from Bell South Telephone Company attesting to the fact that some time ago, I placed a block on my telephone system to prevent conference call capabilities on my system.
Deputy Farrell was most inconsiderate and unkind during our entire conversation.He did, however confirm that my telephone number had been removed from Patrick's list.Here is the conversation between Deputy Farrell and myself today:
1.I informed Deputy Farrell that there must have been a mistake because my telephone system doesn't have the capability of 3-way setup, and I asked him to look into this situation so that my telephone number could be placed back on my husband's list.He said he would and could.
2.I asked Deputy Farrell to tell me the names of who reported this alleged 3-way conversation.He said he could not say.I asked him why he could not say.He repeated, "I can't say who."
3.I asked Deputy Farrell if I was one of the people he heard was in that 3-way conversation.He said, "I can't say who."
4.I asked Deputy Farrell when this 3-way conversation was supposed to have taken place.He said he heard about it last week or the week before but couldn't remember for sure.
5.I asked Deputy Farrell how this information came to his attention.He said, "There's been an investigation via a Captain."I said, "Mr. Farrell, what is that Captain's name?"He said, "I can't say who."
6.I said, "Mr. Farrell, I know Patrick was not involved in a 3-way conference call."Deputy Farrell began laughing, "I know very well who these people are!"He continued laughing.I said, "Mr. Farrell, why are you laughing?"He said, "It cracks me up when you say you know Patrick wasn't on a 3-way call because I know he was!And how do you know he wasn't?"
7.I told Deputy Farrell again that my telephone system does not have the capability of conference calling and that I knew I didn't set anything like that up.He said, "I know them well.These people don't want to be bothered by or about Patrick Swiney any more!"
8.I said, "Mr. Farrell, it is vital that my phone number stay on Patrick's list, as we are working on his case."He said, "Patrick Swiney can call his attorney."I said, "Patrick doesn't have an attorney on his list."He said, "I don't know what to tell you then."
9.I then told Deputy Farrell that since he was not going to give me any further information, I was going to inform the NPDF of what had transpired and ask them to look into these allegations.He said, "Who is NPDF?"I said, "National Police Defense Foundation.You met their Chief Investigator, Boris deKorczak, when he came to interview Patrick."
10.Deputy Farrell said, "Oh, yea.I remember now."I said, "So, I'll ask NPDF to look into this."He said, "Well, that would give them something to do."
11.At that point, I thanked him for his time and terminated the conversation.
Commissioner Hopper, I ask you, when will these flagrant abuses to my husband and myself stop?The stress of such inappropriate actions against us is very harmful to my husband's delicate health condition.I hereby request that you look into this situation and ask Warden Jones to apologize to my husband for Deputy Farrell's and Captain Pouncey's unwarranted allegations and subsequent punishment.I further request that you instruct the administrators at the Holman Prison Facility to replace my telephone number on Patrick Swiney's telephone list.
I pray that my sending you this letter does not evoke further abusive actions against my husband.Thank you, and if you have any questions, please contact Dr. Boris deKorcazk, Chief Investigator, National Police Defense Foundation at 703/503-3350.
Sherry L. Swiney
SHERRY'S LETTERS TO PRISON COMMISSIONER
Written on December 2, 1997
As of this date [July 9, 1999] there has been no response from DOC and Mrs. Swiney is still off her husband's telephone list
December 2, 1997
Commissioner Joe Hopper
Department of Corrections
Deputy Commissioner Mr. Sutton
50 Ripley Street
Montgomery, AL 36130
Ref:My letter dated October 27, 1997
Dear Commissioner Hopper:
As you know from the above referenced letter, my name has been taken off of my husband's telephone list by Warden Charlie Jones for ersatz reasons, just as we are approaching a crucial point in our investigation of his case.I am an integral part of this investigation to show that Patrick has been wrongly imprisoned, and I find the timing of Warden Jones' illegal action quite remarkable.Warden Jones is knowingly and maliciously obstructing justice with evil intent, and the Alabama Department of Corrections is backing him up blindly without making even a cursory effort to question his motives.Aside from the investigation into Patrick's legal case, Warden Jones has not only violated my husband's human rights, he has willfully violated my human rights as a wife to communicate with my own husband!
As you recall, my husband's name is Mr. Patrick Swiney AIS #154406, Holman Unit, Atmore, Alabama.
On November 20, 1997 at 10:43 AM, I placed a telephone call to your office to follow up on the above referenced letter, as my name had not been returned to Patrick's telephone list.I was told by Ms. Wood in your office that you were in a meeting and that Deputy Commissioner Sutton was not available.Ms. Wood transferred me to Ms. Kay Hope.
Ms. Hope confirmed that you had received my letter dated October 27, 1997 and that she would see that Mr. Sutton saw this letter (mind you, Mr. Sutton was on the distribution list of that letter along with Mr. Andrew Redd, General Counsel for