Sunday, December 09, 2001Re: Patrick Swiney #154406 - Alabama State Prisoner
Allow me to introduce you to some facts about Patrick Swiney’s case. Convicted of a double murder, which he did not commit. Has been in prison for 14 years, as of December 5, 2001. Sentence is life without parole. Here are some of the details:
Name of Attorney: 1st Attorney [trial] Richard Bell
Contact information: 205-985-3557
Name of Attorney: 2nd Attorney [state habeas corpus] Lawrence Sheffield & Associates Contact information: 205-328-1365
Case Number: CC-88-077, Eighteenth Judicial Circuit, Shelby County, 6/12/1989, Judge John Rochester.
Civil Action: 96-P-2823-S Northern District of Alabama, Southern Division 11-12-1996, United States Magistrate, Elizabeth Todd Campbell.
Civil Action: 91-D-978-N Middle District of Alabama, Northern Division 09-10-1993, United States District Judge, F. DeMent [signature unreadable].
Civil Action: 92-T-1455-N Middle District of Alabama, Northern Division 09-26-1994, United States District Judge, John L. Carroll and another Judge [signature unreadable].
Evidence of innocence:
False Police Reports:a. Forensic Lab Report, Case 01-(A)-88-25863 12/17/1987 - gun powder residue report [no residue on Patrick’s skin or clothing] - document not shown to jury.*b. Forensic Lab Report, Case 01-(A)-88-25862 12/20/1987 - blood report [no blood on Patrick’s skin or clothing] - document not shown to jury.1. Ballistics expert, Dr. Boris deKorczak’s report dated 11/05/1999 states it is impossible to shoot an AR7 .22 semi-automatic rifle without getting covered with gun powder residue. His report cites the July 1974 reprint from the Journal of Forensic Sciences, Volume 19, No.3.2. Ballistics expert and weapons instructor, Ron Plumlee, Sr’s report dated 4/24/2000, states the same thing.
3. Ballistics and forensic expert, Dr. Glenn Larkin’s report dated 5/26/2000, states that at trial, the negative finding of any test, must be considered most favorable to the defense; also indicating that these wounds came from an AR7 .22 weapon contradicts the state’s case.
4. Gun Expert and former Correctional Officer, Joseph Hamby, fired an AR7 .22 semi-automatic rifle in my presence and it was easy to see the “blow-by” which would cover the shooter with gun powder residue.
5. Gun Expert and former FBI Agent [name withheld until I have permission to give it] purchased an AR7 .22 semi-automatic rifle to test it for gun powder residue and verified that it is perhaps the dirtiest rifle of all. A shooter would be covered with gun powder residue that would be easy to detect in a forensics lab.
a. Autopsy report, Case 01-(A)-88-25862 12/30/1987 - prosecution’s investigator, M. R. Smitherman, instructed forensics lab not to perform vaginal swab or fingernail cultures - State Medical Examiner, Joseph Embry, testified this was highly unusual. DNA/sperm count would have proven (1) adultery had or had not taken place and (2) that DNA/sperm was not Patrick’s. Had the DNA test shown that adultery took place, the case would not have been murder but sudden heat of passion manslaughter, should it have been possible for Patrick to be the shooter.*
b. Fire arms evidence, Case 01-(A)-88-25863 and 25862 - AR7 .22 semi-automatic rifle. Weapon not linked to Patrick at trial. Transcripts indicate a .22 casing was found lying on top of the kitchen table, in the center of that table [as though it were neatly placed there]. No indication that this weapon had been fired prior to lab’s test fire. No residue on Patrick so how could he have shot that weapon, “IF” this weapon did the shooting? Refer to “wobble” effect in transcripts…
c. Strange phone call, explained in transcripts. It would be interesting to see if the telephone were dusted for fingerprints. It was said at the trial that Patrick answered the phone, after the two were shot and responded, “They are gone,” when asked if Ronnie and Betty were there. The proof was stated to be a man’s voice that has a low, distinct southern accent, and that meant it was Patrick. Defense should have asked Patrick to make the statement, “They are gone,” in trial so the woman testifying could hear that Patrick has a southern accent but it isn’t “distinct”.1. The wound to the back of Mr. Pate’s neck was twice the diameter of all of the other wounds, indicating that the bullet did not enter his body nose first on a straight trajectory, but rather had wobbled or tumbled and had struck at an angle. (RT. 795-796)2. A determination could not be made as to whether the bullets recovered from Ronnie Pate’s body had been fired from that rifle. They had similar riffling to that of the rifle’s barrel, such as caliber, number of lands and grooves, size of lands and grooves, direction and twist, but the bullets were distorted and, therefore, did not have the fine microscopic detail required for a definite conclusion. (RT. 749, 751-752) The same was true of the fourth bullet recovered from Ms. Swiney’s body. (RT. 752)
3. The bullet from the AR7 .22 semi-automatic rifle was said to have been shot through the window, through the screen, and right into Ronnie Pate’s neck, then it wobbled and twisted and became larger.
4. The fourth bullet found in Betty Snow somehow had the same effect but it did not go through a window because that shot was from inside the house.
5. The position of the bodies is in question because there are two conflicting police reports [see below] where one officer reported finding Betty Snow face down, and the other found her face up. However, whatever the positions, Betty Snow was facing the front door, which could indicate she was trying to get away from someone who was behind her, after her. Yet it is said that Patrick broke down his own front door and assaulted her from the front.
6. The varying sizes of the bullets found in Ronnie Pate and Betty Snow suggest a different weapon was used in this crime, which suggests that there was someone else (1 or 2 people) in the house after Ronnie and Betty. Patrick reported to the police that it felt as though he’d been hit over the head with a baseball bat and did not see what happened after that. He was outside when the blow to his head occurred, and he was inside when he came too with his own AR7 .22 near him, as though placed there.
7. It would be interesting to see if the rifle still exists and then test it for DNA. I do not have the fingerprint report so I don’t know what it says. Patrick’s fingerprints “should” be there because that’s his rifle.
No witnesses for the Defense:a. Incident/Offense Report Supplement 05-100-00 12/14/1987 Case 7G-872488 by Lt. Tom Smitherman. “Robbie Carter stated that Pat ‘did it’” is a false statement because Robbie swears she never said that.b. Statement by Lt. Stanley Oliver dated 12/14/01 stated that Patrick’s mother hid the rifle, but Patrick’s mother swears she never did that.
c. Police Report by Richard Fox 12/11/1987 states Betty Snow was found lying on her back.
d. Police Report by P. Harris/Lt. Matherson/E. Harris 12/10/01 states Betty Snow was found lying face down.
e. Police reports indicate that Patrick’s mother and sister were inside the house when they arrived. Both Robbie and Odelle swear they were not, and in fact, the police would not let them come in to see if they could be of assistance to Ronnie and Betty. Odelle Swiney [Patrick’s mother] is an RN.
Other damaging anomalies:a. There were no witnesses for the defense.b. Robbie Carter was the only person who received a subpoena, which meant she was kept away from earshot of the trial. Then she was never called to testify. Robbie is certain they did this to keep her from talking.
c. The people who know the situation between Patrick and Betty, and Betty’s mother, Nel Snow, and D.A. Mike Campbell, could not believe that Campbell did not remove himself from the trial because he was a close friend of Betty and Nel [in fact Betty Snow and Mike Campbell were high school sweethearts - ref: yearbooks]. Makes you wonder why he was so adamant about not having the standard vaginal swab and fingernail cultures taken during autopsy and examined to see if it could be determined who’s sperm/DNA was there. Had their relationship been known in trial, he could have been viewed as culpable.
d. The people heard outrageous lies in the trial and were prevented by the judge from speaking at all. Each and every one of them could have refuted the lies told by Nel Snow.
These are some of the incongruities in this case. One sample document is enclosed. Review of the documentation in whole, and in sequence, demonstrates a well-planned scheme to convict an innocent man. All of Patrick’s remedies have been exhausted. Please let me know if you are interested in taking this case. All other documents are scanned and on a searchable CD which I could make available to you for research.a. Patrick was determined the only suspect without further investigation.b. Defense attorney did not file a Motion for Discovery.
c. All black jury candidates were expelled.
d. State did not prove its case yet conviction was sure.
If you are interested in taking this case, and if you believe you may be able to obtain relief for Patrick, please let me know what your fees are. Civil Actions cited above are for human rights violations: extreme abuse by prison officials.
To view documentation of innocence listed above, see case_of_patrick_swiney_01.htm
Sincerely,
Sherry Swiney
taoss@worldnet.att.net
P.O. Box 1891
Alabaster, AL 35007
205-621-7699 (after 6 PM)