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."
Blood report

Gun powder residue report

These forensic reports were never presented at the trial, but rather, they were suppressed by the prosecuting attorney, J. Michael Campbell.  Campbell is the same person who ordered the DNA testing not to be done.

Had the forensic report on gun powder residue been presented to the jury, ballistics experts would have been able to tell the jury that it is impossible to shoot this weapon without being covered with gun powder residue, and that Patrick couldn't have been the shooter.

Since finding this report 10 years later, ballistic experts have testified to Mrs. Swiney and others. Three of these testimonies are cited verbatim below. 

Dr. deKorczak's report on gunpowder residue

Testimonies of three Ballistics experts

 

In summary, an AR7 is the dirtiest rifle there is.  It is impossible for a person -- any person -- to shoot an AR7 .22 semi-automatic rifle without being covered with visible and microscopic powder residue on the hair, skin, and clothing.  Keep in mind that Campbell told the jury that Patrick fired multiple shots at point blank range.  Residue was found on the victims' bodies but none was found on Patrick's.
One firearms expert actually fired an AR7 in Mrs. Swiney's presence and she reported that she could see the blow-back coming from the rifle as it was being fired.  The firearms expert then told her that if he went to a lab to have his hands and hair tested, he would be covered with microscopic gun powder residue particles.
PATRICK SWINEY is not the shooter. The DA knew this then and he knows this now.  Still, Patrick was sentenced to Life without Parole [first and only offense] and he's been made to suffer greatly for the last 13 years at the hands of Warden Charlie Jones, who absolutely delights in torturing his prisoners.  This is how they pay you back in Alabama when you are responsible for bringing high officials to justice see Primary Players.
Back