Patrick Swiney is a 54-year-old former police officer
who has been in prison in the State of Alabama, for 10-1/2 years.He
is serving a sentence of life without the possibility of parole [in other
words - Death] for a crime he did not commit.Life
without parole for him is a slow, torturous death.When
Patrick was wrongly convicted in 1989 for the murder of his wife and her
ex-husband, he was a healthy man.While
in the care of the State of Alabama, he has suffered three heart attacks.He
also suffers the chronic pain of inflammatory spinal arthritis and emphysema.The
first two heart attacks were a result of being sprayed with insecticide
while he was enclosed in an unventilated 5 ft x 8 ft concrete lockdown
cell.The third heart attack was
a result of continued harassment and abuse by prison officials.The
spinal arthritis is a result of being attacked by inmates in prison and
the emphysema is a result of the gross unsanitary conditions inside the
prison in Atmore, Alabama [see Too Late To Debate article at www.patrickcrusade.org].Even
if he were guilty, no man deserves to be tortured and abused.
But this is a case of innocence and wrongful conviction.This
is also a case of revenge by the District Attorney and corruption within
the judicial system in the State of Alabama.It
is a case of being framed or paid back, Alabama style [see "conspiracy"
below].
We have forensic proof that Patrick did not even handle a discharged weapon on the night of the shootings.The forensic report indicates that there was no gun powder residue on his skin or clothes.We have two ballistics experts who will testify that if Patrick shot the alleged gun [an AR7 .22 semi-automatic rifle] that killed his wife and her lover, there is NO question whatsoever that there would be gun powder residue on his hands.
We also have forensic proof that there was no blood on Patrick's clothing, skin, or shoes.Yet, the prosecuting District Attorney stated to the jury that Patrick shot the male victim at point-blank range in the head.At point-blank range, a shot in the head would more than likely splatter blood on the shooter.
In addition, the transcripts reveal that the prosecuting District Attorney saw these forensic reports and did not admit them in court.Instead, he questioned forensic witnesses and prompted them to indicate that these forensic reports were inconclusive, thereby allowing him to tell the jury that this meant that Patrick was guilty.The Defense Attorney did not object to this line of questioning nor to this line of misleading the jurors who did not understand that forensic testing of this nature cannot be "inconclusive."They can only be positive or negative.In other words, there either was blood and/or gun powder on Patrick's skin and clothing or not.
The conspiracy by the district attorney, [J. Michael Campbell], and sanctioned by Judge Rochester, is further revealed by the fact [per the transcripts] that Campbell ordered the Coroner's office not to perform two very important tests during the autopsy of Patrick's deceased wife.The two tests that were prevented were the vaginal swab and fingernail cultures for the purpose of collecting DNA samples to prove or disprove that adultery had taken place.These two tests are also "standard" autopsy tests that are routinely conducted in ALL cases of a female's unnatural death.The State Medical Examiner testified that he thought it was highly unusual that the District Attorney would order these tests banned but he complied anyway.The District Attorney told the jury that not having DNA testing done was inconsequential and unimportant to this case.
This case was centered on adultery.Patrick saw his wife and another man, whom he did not know, who turned out to be her ex-husband, committing adulterous acts in Patrick's own home.The admission of DNA testing would have proven adultery had taken place, thus exonerating Patrick of premeditated murder and charging him with the lesser crime of passion [assuming he was responsible for the deaths].The District Attorney purposely prevented the DNA from being admitted in court.Researchers of this case want to understand why he would suppress this exculpatory evidence.The background on the relationship between the District Attorney and the deceased wife gives us some clues [see "relationship" below].
As soon as Patrick saw the two lying on the floor, having been shot, he contacted the Paramedics immediately in an effort to get help.But his efforts were in vain because his wife and her lover were pronounced dead.It was only later that Patrick discovered that the man was his wife's ex-husband.
WHO SHOT BETTY SNOW AND RONNIE PATE?
Patrick told the police that he had no memory of
what occurred from the moment he witnessed the adultery until the moment
he regained consciousness and saw his wife, Betty Snow, and her lover,
Ronnie Pate, lying on the floor, having been shot.He
described the unconsciousness to the police as feeling as though he'd been
hit on the back of his head with a baseball bat, stating that he had no
idea what actually happened and therefore, assumed -- because of what he
saw -- that he probably was responsible for the deaths.Patrick
knew most of the officers who came to the scene of the crime. They'd worked
together when he was a police officer.When
his former colleagues began questioning him, they started putting words
into his mouth and Patrick began to "smell a rat."He
was still too dazed to put things right, so he decided to remain silent
until his family could find him an attorney.
For reasons that we have not been able to uncover, the police did not order a medical examination to verify a blow to the back of Patrick's head even though he was obviously dazed and even though it was several days before he could say that he was clear-headed.Patrick was placed under suicide watch because he was so deeply depressed and confused about all that happened the night of the tragedy.He'd seen his new wife committing adultery and the next thing he knew, she was dead.Meanwhile, the District Attorney told the jury that Patrick showed no remorse at all.Yet, when a video tape of the crime scene was shown in court, a newspaper reporter reported that Patrick wept silently.To this day, when questioned in detail about the tragedy, tears come to his eyes.He just doesn't know what happened.
RELATIONSHIP BETWEEN D.A. AND DECEASED WIFE
The Players:
District Attorney, J. Michael Campbell [Michael]
Deceased wife, Betty Snow [Betty]
Accused husband, Patrick Swiney [Patrick]
Michael, Betty and Patrick all went to school together.The three of them sat in classrooms together for years.Michael visited Patrick's and Betty's house frequently after their marriage.Patrick used to joke about how Michael telephoned his wife more often than he ever did.Were Michael and Betty lovers too?Patrick's family and community say they were.Is this why no one was called to testify on behalf of the defense?
Michael went to great lengths [all illegal] to make sure the DNA was destroyed - and destroyed forever.What was Michael's reason for destroying the evidence that would free Patrick?Is it possible Michael was afraid his own DNA would be present, possibly making him culpable?We think so.We also see a carefully planned conspiracy on the part of Michael to destroy Patrick's life.Now, see if you can see the setup and then ask how it is that no Alabama court has ever questioned any of these actions [see "pay-back" below].
MICHAEL CAMPBELL'S CONSPIRACY TO DESTROY PATRICK
When Patrick was arrested, a bond was set at $150,000.His community banned together and raised that bond in one day.When Michael saw this, he went to the Judge, stated that Patrick was a transient and the bond was raised to $500,000.Patrick's community banned together again and raised THAT bond in one day [all signatures are on file].When Michael saw this, he proceeded with jury selection.
During jury selection, Michael struck all the black jury candidates from the jury [5 of them] stating that he did this because "Blacks are more apt to be lenient."You see, Michael was in the process of "Death Qualifying" the jury.It is a known fact that a death-qualified jury is more apt to convict on any charge.
After the conviction, there was an Appeal Hearing [also known as a Rule 32 hearing].After the Rule 32 hearing, Michael openly stated that Patrick was never at any time in danger of the death penalty because the statutory aggravating circumstances were never present [three affidavits are on file].When Michael said these words, he was admitting to conspiracy and trumped up charges because he was stating that he knew full well that the charge of premeditated murder was false.Still, throughout the trial, he spoke to the "Death Qualified" jury of premeditated murder and the death penalty, in order to secure a conviction.
According
to testimony in trial, the scene of the tragedy was not secured, it was
abandoned.Evidence of an alleged
crime scene must be in someone’s care from the "secured" alleged crime
scene to the court room.Everyone
knows that without the scene being secured, anyone could remove or plant
evidence.We do not know what transpired
in the 24 hour period that the scene of crime was abandoned.
PAY-BACK, ALABAMA STYLE
Patrick was a police officer in high standing in the State of Alabama for 13 years.During that time, Patrick was assigned to an undercover operation involving drug cartels in southern Alabama.Patrick's investigation led to corruption within the ranks of highly placed officials in Baldwin County.Namely, the Baldwin County District Attorney, Jim Hendrix and the Chief Investigator for the Sheriff's office, Bobby Stewart.Patrick's evidence of these two officials being involved in money laundering and racketeering sent these two men to federal prison.Then after two assassination attempts on his life while investigating that case, Patrick finally decided to leave the police force.The Chief of Police in Gulf Shores had apparently given him an ultimatum that went something like this: "join the corruption or turn in your badge."He turned in his badge.
For Patrick, turning in his badge was a major blow.At age 16, he'd been harassed by a street cop for no reason at all, which sent Patrick home crying like a baby.He doesn't mind admitting this, and in fact, it was this action by that street cop that made Patrick vow to himself right then and there that he was going to become a police officer to show his neighborhood children the meaning of being a good cop.In his naivete, he believed that he could make a difference.Once in the police force, he saw the corruption, spoke out about it, realized that he alone could not change it, and turned in his badge.
Patrick was at one time the V.P. of the FOP [Fraternal Order of Police].He offended a few officers because of his straight forward talk and intolerance for corruption.One of those officers was Lieutenant Stanley Oliver.Lieutenant Oliver testified at Patrick's trial, stating the Patrick's mother tried to hide the murder weapon to protect her son from being charged with a crime.Patrick's mother denies ever saying that, yet she was not allowed to testify at the trial.
Yes, pay-back of any kind is ugly.In this case, there were many reasons for officials to frame Patrick for this crime -- pay-back, Alabama style.
CURRENT UPDATE
Patrick's case is now before the 11th
Circuit Court in Atlanta, Georgia.The
11th Circuit Court oversees the District Courts in Georgia,
Florida and Alabama.We are asking
the 11th Circuit Court to simply look at the facts of this case
because no Alabama court has ever bothered to do this.Instead,
all Motions to the Courts in Alabama have been stamped DENIED without being
reviewed.We need a powerful and
honest attorney to help us on a pro-bono basis because Patrick's family
funds were exhausted during the trial and appeal hearing, and we no longer
have the money to pay extraordinary attorney fees. Because of this, our
motions thus far have been on a pro-se basis.Alabama
courts have denied Patrick's right to counsel and his right to Habeas Corpus.Our
only hope now is the 11th Circuit Court seeing the injustices
that have been done and ORDERING the Alabama District court to abide by
the law in this case.If we can get
a hearing, then we can bring in our expert witnesses and we can obtain
the exhibits that were presented in trial, which are supposed to be public
information, but which are being denied to us.
There's a LOT more to this case but The Bannister Foundation has requested that I keep this article to 3-4 pages.I am now on page 5 because this case is difficult to explain in a few words.So I will end this article here and stand ready to answer any and all questions.
EPILOGUE
It seems odd that the Alabama Attorney General
[Bill Pryor] and Magistrate Judge [Greene], as well as all other justices
in the state denied all motions for a fair and impartial hearing for Patrick.This
makes one wonder what is so important about Patrick Swiney that the whole
State of Alabama would gang up on him like this, in a David and Goliath
manner.Equally strange when all
one has to do is look to a case that happened within 2 weeks of this tragedy,
in the county next door.It is called
the Tyrone Robinson case.Tyrone
Robinson is a black man.He was a
disk-jockey and part-time bailiff and considered a "friend of the court."He
remembers everything about the night he shot and killed his wife and a
stranger in the house, whom he believed was her lover, even though they
were not in the act of committing any adulterous acts, but in fact were
in separate rooms at the time.Tyrone
Robinson was given a manslaughter charge and served 6 of his 15 year sentence.Today
Tyrone Robinson is back at his disk-jockey job, living as a free man.
Conversely, Patrick is
a white man.He was a police officer
who was responsible for the arrests of two highly placed Alabama officials.He
refused to abide by the corruption within the police force and hence, turned
in his badge.He was married to the
prosecuting DA's childhood friend and he was considered an "enemy of
the court."Therefore, what Patrick
received was a sentence of life without the possibility of parole, even
though the State of Alabama was unable to prove its case.
Patrick has no memory of what happened, so he cannot -- in all honesty -- say if he is responsible for the deaths or not.If he is responsible, then at worst, this was a crime of passion, punishable by 8-10 years in prison, in which case, he should be released on time served.However, our investigative evidence shows that he did not commit this crime and if given a chance in court, we intend to prove this to everyone, and exonerate him fully.Either way, Patrick deserves to be a free man.He does not deserve to be in prison any more, nor should he have ever been imprisoned.