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GROSS INEQUITIES IN THE CRIMINAL JUSTICE SYSTEM
by Sherry Swiney
December 15, 2000

As most everyone knows, the U.S. Constitution requires that every person receive a fair trial and that an accused person is assumed innocent until proven guilty by due process of Law. Lawyers take an oath that makes them beholden to ensure fairness and correctness, not to distort the truth and undermine the justice system and the Constitutional Law upon which this country was founded. Today, we see gross inequities in the criminal justice system that literally mock the intention of fairness and truth. Among these inequities, we see administrators of the legal system in gross violation of the fiduciary trust of an officer of the court. Their motives are political and financial, which has nothing at all to do with legal statutes or fairness to the individual who finds themselves caught in the middle of a Big Brother battle.

In addition, the Law says the burden of proof is always on the State and yet, we see defense lawyers going into court believing their duty is to prove their client's innocence, rather than to ensure that no laws are broken while the prosecution tries to prove their client's guilt. Such misunderstanding of one's professional duty is typically devastating to the accused, especially when the accused "is" innocent and yet, found guilty because the defense attorney did not protect his client from prosecutorial misconduct and illegal procedures during a trial. Given the education lawyers are bound to achieve before they are allowed to practice Law, one must wonder if defense lawyers slept through the script that explains the importance of observing constitutional Law at all cost. Certainly prosecuting lawyers observed the importance of winning at all cost, irrespective of constitutional violations. Though both defense and prosecutor understand that the end does not justify the means according to the Law, yet the end justifies the means according to political standing, and to hell with the Law. Let the innocent fry if it means more votes or political high standing.

Perhaps there was a time when being an officer of the court meant something, when participants in the process shared a common respect for the truth and for justice. This is no longer the case. If the "price" is right, lawyers will do everything they can to intentionally subvert justice by trying to convince jurors to believe the hypothetical when there is no evidence - hypotheticals that the attorneys know are lies.

The 6th Amendment to the U.S. Constitution guarantees for all a "public trial, by an impartial jury of the state and district wherein the crime shall have been committed".

As long ago as 1935 the U.S. Supreme Court in a case called Berger v. United States directed, "(the prosecutor) is the representative of a sovereignty whose interest in a criminal prosecution is not that it shall win a case, but that justice shall be done."

Our U.S. Supreme Court Building in Washington D.C. boldly portrays the words: EQUAL JUSTICE UNDER THE LAW. I find that laughable because, today, those words are utterly meaningless.

The primary objective of the Law is impartiality. When prosecutors invent evidence, tamper with evidence, or destroy evidence that will exonerate, how can that be impartial? When higher courts refuse to review cases such as these and deny the Great Writ of Habeas Corpus, how is this justice under the Law?
Our State Constitutions, and the United States Constitution Article I Sec. 9 CL 2, say that "The ‘privilege’ of the writ of Habeas Corpus shall not be suspended..." and

U.S.C.A. 14 says: "...no State shall make or enforce any law which shall abridge the ‘privileges’ or impunities of Citizens of the United States..."

Yet we see these sacred privileges blatantly and knowingly violated every day. The result is a Nation - our Nation - that is falling out of control into the abyss of a flourishing Punishment Industry.

Over 2 million American citizens are imprisoned today. That number is expanded exponentially when family members, friends and associates are added to the equation, for they are also imprisoned by association. This translates into millions of American citizens suddenly being treated unfairly because they know or have known, or love or have loved, a prisoner. Those in prison are Inmates and the rest out Outmates. They are all treated with scorn within the remaining American society. Outmates may lose their jobs, their homes. They may lose their children to the state. They are often forced to apply for financial assistance programs because they have lost their jobs and former status in society. Meanwhile, the cost of legal representation for their loved one grows into mountainous proportions, but yet there is still no justice, there is still imprisonment, there is still utter destruction in the homes and families throughout this Nation. Members of society turn a blind eye, that is until they themselves are directly effected by the injustice system. They who were eager to cast the first stone, now know what it is like to be on the receiving end of the atrocity of an unfair court system.
It is more than disturbing to see the increase in the general pollution of dishonesty within our legal system. Reports from all over this country reflect factual observations of injustice and this should be significant cause for concern and alarm as to the direction this country seems to be going. Moreover, thinking people should attempt to correct the course our constitutional government has been traveling as special interests continue to dominate political outcomes at all levels. Constitutional protections have deteriorated as a result of apathy coupled with the domination of special interests in politics. Fear has become the predominate symptom and outgrowth of the awareness that this may all be by Design. There’s a general conclusion that we’ve been betrayed, and this should be a clue that we are moving in the wrong direction.

Our challenge now is to step up to the podium and say, No, I do not buy this Design called the Destruction of our Constitution. I did not vote for this. I want my country back and I want every man, woman and child in America who is imprisoned now, to receive a fair and impartial review of their case. I want to see the Criminal Justice System abide by the Law, not by the politics of the day. I want cruelty and inhumanity in our courts and in our prisons to stop. I know that color of skin is no reason to discriminate and I want unbiased fairness and unbiased opportunity to be available for all Citizens. I want the words: EQUAL JUSTICE UNDER THE LAW to have meaning again. I do not want my children and grandchildren to grow up in the chains that are around every American Citizen today.

If fear has you paralyzed now, remember the words of Thomas Jefferson when he said, " Fear can only prevail when victims are ignorant of the facts." http://www.post-gazette.com/win/day1%5F1b.asp

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Patrick har sendt et brev om forholdene i det berygtede Holman i Atmore, du får det her i sin engelske tekst som snart oversættes til dansk !
Læs det ikke bare men reager, skriv til Patrick, hans familie og alle de andre der daglig udsættes for perverse fangevogteres overgreb !

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10 Years on a Wrongful Conviction

Article by Patrick Swiney

Se Patrick` foto:
Patrick Swiney

June 11, 1998
Copyright June 1998

(Reprint permission granted August 11, 2000) (Emphasis by publisher of reprint)

I speak to you from the absolute pits of hell, an Alabama Prison. Historically, the State of Alabama has been notorious for its atrocities within its prisons. My fellow Americans and human beings, nothing has changed. I humbly convey to you an ancient scripture: "Let he who hath eyes - see and he who hath ears - hear."

I hear corrupt politicians promise you to lock them up and throw away the keys. I also hear your cheers! They - our only defender - knowingly overcrowd the prisons dangerously. The Federal Courts say nothing! I also hear your cries to pack them in like sardines - for who cares? News leaks out about the atrocities: the physical, mental, emotional - all types of Human Rights abuses. The courts turn their heads. Again, I hear your cheers, as though to say: Crucify them! Crucify them!

I’ve read these words all my life.

To put things into perspective, I’m a 53-year-old man in very poor health, a former police officer of 13 years. I have been held in this septic tank (Holman Prison in Alabama) for 10 years on a wrongful conviction. The major point I submit to you is that I can see both sides of the coin. Actually, I can see all sides of that coin, for much more than two sides exist.

Holman Prison in Atmore, Alabama, is known as the "Boddom" which is Southern for bottom. Either way, it’s as low as you can possibly go in this country. In response to your cheers, may I say that you have been successful. We are packed in like sardines: the Innocent - The Guilty - the Sick - the Lame - the Lazy - the Cripple - the Crazy - but all God’s children. "If you have done it to the least of these..."

At times, I absolutely hate 90% of these people which I mostly refer to as sick-sorry-slime. But when I hear the of the masses cheering the deceptive lies of corrupt politicians, then these people here start to look much better, for even the sick-sorry-slime extend to an old man far more compassion than the corrupt politicians of Alabama and their cheering section. The result? The blinded masses stubbornly follow the pied piper closer and closer to total destruction. So be it.

We have become a nation of individuals - "Self," with the general view that if adversity does not effect me, then I don’t care. We have become a people completely self-centered, self-righteous, and isolated within "Self," even to the exclusion of children and grandchildren. This is in direct conflict with our natural instincts. Americans have lost their "natural" instincts. They have mutated.

I think the Apostle Paul describes our nation of today perfectly. "This know also, that in the last days perilous times shall come. For men shall be lovers of their own selves, covetous, boasters, proud, blasphemers, disobedient to parents, unthankful-unholy, without natural affections, truce breakers, false accusers, incontinent, fierce, despisers of those who are good. Traitors, heady, high-minded, lovers of pleasures more than lovers of God. But they shall proceed no further, for their folly shall be manifest unto all men, as theirs also was." 2Tim3

Holman Prison is made of open-filthy dorms - very crowded to say the least. The showers, commodes and lavatory are included within the open dorms. None are vented. The humidity from the showers pours throughout these dorms. Any gases from the toilets pour out in these dorms. Humidity is always extremely high. Mold and mildew grows on the walls and ceiling. The floors are always damp. The heat index remains ungodly high in summer - cold and damp in winter. The place is crawling with cockroaches the size of your hand.

We can only send out bed linens to the laundry once a week. That, after perspiring on them all week long - a daily wetting of these linens. 96 men live in a dorm approximately 35 feet by 108 feet. That’s an average of 39 square feet for each man - less if you deduct corridor spaces for walking from one place to another. Less still, if you deduct shower, commode and lavatory spaces within the dorms. Here is where each man spends his entire life, 24 hours a day, 7 days a week, year after year after year...the Innocent - The Guilty - the Sick - the Lame - the Lazy - the Cripple - the Crazy - but all God’s children.

Can you possibly think of any other condition that could breed diseases any better? It appears to be "the perfect" environment for breeding a culture for many deadly diseases that we know. Possibly many that are unknown to modern science. A perfect place for these deadly diseases to mutate and a wonderful place to share our joys with the rest of the world - transporting to "Your" world.

Here at Holman Prison, we have had a large breakout of TB. Some have died, others transferred never to be heard of again. Respiratory ailments are our "normal" or our most common. Medical care is almost a joke. Our Deputy Warden (Jerry Farrell) is charged with the responsibility of seeing we get proper medical care. Only thing is his wife is an Administrator with Correctional Medical Services (CMS). This is the company holding the contract for medical services (much like the company holding the contract for telephone services). Mrs. Farrell has a vested interest in saving costs for her company. Every dollar she does not spend on our medical care, is profit in her company’s pocket. Thus, you have a direct conflict with medical care and the Deputy Warden. Does this project overtones of corruption?

Not only that, but Deputy Warden Jerry Farrell forces all inmates outside at 7 AM under the guise of cleaning the dorms. However, every single dorm cleaner will tell you that it was much easier cleaning when the people were NOT outside. In the past 15 days, they have been transmitting health alerts in our area due to 2,000 out-of-control fires in Mexico. The entire Southeast has been covered with insecticide-laced smoke. All TV stations have transmitted this health alert, warning people to stay indoors - especially the sick and older people. All this week, South Alabama has been under a heat alert! The heat index has been into the 120 degree F. range. Again, warning people to stay inside. And again, specifically warning the sick and elderly to stay indoors.

Yet, every day Warden Farrell has forced inmates outside for two hours. Many are older and sick. They have no place to sit, except on the concrete-covered ground. They have no shade to seek. They must stand or squat for those 2 hours in the blistering sun and extraordinary humidity, which is contaminated with smoke and pesticide. I myself have suffered 3 heart attacks, developed inflammatory spinal arthritis and have also developed emphysema. Yet Warden Farrell forces this old man outside with all the young punks and maladjusted people, posting no guards whatsoever.

And, yes, the State Capital in Montgomery, Alabama, backs Jerry Farrell completely. The Alabama Good Ole Boy’s Club is a alive and well. Welcome to Alabama the Beautiful, and the Alabama Department of Corrections. Yes! I still can hear your cheers!

Even if myself and the rest survive all the airborne insecticide, the heat, the humidity, the filth, the abuses, it for certain weakens the immune system. And that welcomes diseases, many of which may be fatal. Fatal not only to me, but to you, the cheering masses.

They cannot isolate these possibly deadly germs to this hell hole. The guards come and go. Nurses, doctors, administrators, postal workers, and visitors carry these germs-bugs-viruses with them when they leave. Guess where they go? To you via schools, churches, mail, grocery stores, work places, and many other ways.

Since you are creating your very own nightmare, it’s tempting to refer to this as "poetic justice," but in all truth I do not feel this way. I’m actually greatly concerned for all of you. "Forgive them Father for they know not what they do."

No! More tax dollars are not the answer. You’d just make officials of Alabama even richer. Then they’d cheer you - in silence of course.

I do not have the answers, but I felt I "must" let you know the truth. Yes! The sky is falling. Don’t look up. Just take cover.

I am far from being eloquent with my words, my communicating skills are extremely limited. If I have offended anyone with my words, then Good! That’s my intent. In closing, I shall add that I speak of the cheering I have heard. But where is the so-called silent majority? I so wonder if God is more disgusted with the ones who cheer the Human Rights Abuses - or more disgusted with the ones who sit and do absolutely nothing!

Although it means pain and suffering, I shall choose the cheering, torturous, sounds of the followers of their corrupt pied piper than to hear the silence of the spineless nothings. For it’s better to light one candle, than to curse the darkness.

Respectfully, I am,

Patrick Swiney
154406 - D-2
Holman 3700
Atmore, AL 36503-3700

E-mail: (my wife)

Se Sherry`s foto:
Sherry Swiney

http://www.justicedossier.org/swiney/index.html

Reiner Stensgaard Goldau
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DK	7760	Hurup Thy
Denmark
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goldau@adslhome.dk

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