


OPEN LETTER
March 29, 2009
Dear Family of friends,
As we watch our elected officials squander our inheritance and drive us into
bankruptcy, we also endure, with utter dismay, the abuses by our legal system.
We have a new slave population within our shores: prisoners. Money is being
generated not only by a private corporation known as the Federal Reserve (owned
by an international banking cartel, who have been given the power to create
money out of thin air) but by incarcerating millions of people–many of them
innocent of any crime. In coming articles I hope to reveal what is now happening
behind the American curtain of deception.
Over 10 million Americans citizens are being arrested each year for any one of
the 60 million laws we now have on the books. I grant you that this sounds
radical. But isn’t truth the object of our inquiry–not how things sound.
Click on “Corruption in America” for prior segments for the full unfolding story
about the crimes against David Hinkson by the criminals within the American
Justice and Judiciary Departments. Also watch for articles on other inmate at
ADMAX: Marcus Boyce, Malichi Z. York and others. I will try to reveal any abuses
by government officials as I learn of them.
Sincerely, Roland
Judge and Prosecutors Participated in Fraud
To Convict an
Innocent Man
Had any of the jurors in David Hinkson’s case known the law, he never would have
been convicted for the unimaginable charges brought against him. The Judge,
Richard C. Tallman–a man we refer to as the “black-robed prosecutor” would not
have gotten his way. Currently, he is an embarrassment to the Ninth Circuit
Court of Appeals judges.
David’s case was–I understand–Tallman’s first trial. He was appointed directly
to the Appellate Court by Bill Clinton, never served as a judge on a trial
court, was a prosecutor only. However, I give him credit for his suave
performance on the bench.
In David’s Case Tallman instructed the jurors saying, “It is your duty to find
the facts from all the evidence in this case. To those facts you will apply the
law as I give it to you. You must follow the law as I give it to you whether you
agree with it or not.” In “Instruction No. E–What is Evidence?” the jurors were
told they are to decide the facts from: “(1) the sworn testimony of any witness
[like Perjurer Elven Joe Swisher–who is now in prison for various felonies]; (2)
the exhibits that have been received into evidence; and (3) any facts to which
all the lawyers have stipulated.
Nor did he allow the jurors to hear all the many witnesses who could prove that
David was outside the Country when the non-existent “crimes” were supposedly
committed. This judge told the jurors that “Your verdict must be based solely on
the evidence and on the law as I have given it to you in these instructions [No.
EE].” And (in “Instruction No. GG”) he said, “You may not consider
punishment....”
Judge Richard C. Tallman swore an oath to uphold the Constitution. Yet he
sentenced David to 43 years in Federal prison. The truth is that Tallman
participated in a RICO conspiracy, lied and betrayed his oath and calling.
Under the Constitution of the United States of America, if Tallman were
convicted of violating his Oath with regards to David’s case he himself could go
to jail. Having taken an oath to support and defend the Constitution and the
statutes of the United States and, if convicted of willfully and knowingly
violating such Oath by means of “Obstruction of Justice of the Law” and by
violating David’s Constitutional rights as a sovereign American citizen in
upholding his “Bill of Rights,” he would have committed a felony.
Judges would like to have the American public believe that juries may consider
only the “facts” of a case, but they may not consider the “law” or punishment.
This is absurd. Judges and politicians want you to believe that too much freedom
will result in chaos.
Historically the principle of a Common Law jury or trials was first established
at Runnymede, England (June 15, 1215) when King John signed the Magna Charta
(The Great Charter). This was the foundation of the English and American system
of justice. Speaking to jurors in Early America, the First Chief Justice, John
Jay, said: "It is presumed, that juries are the best judges of facts; it is, on
the other hand, presumed that courts are the best judges of law. But still both
objects are within your power of decision." In Sparf vs US (156 US 51), the
court ruled that “although juries have the right to ignore a judge's
instructions on the law, they don't have to be made aware of the right to do
so.” As recently as 1972, the U.S. Court of Appeals for the District of Columbia
said that the jury has an "un-reviewable and irreversible power . . . to acquit
in disregard of the instructions on the law given by the trial judge.... (US vs
Dougherty, 473 F 2d 1113, 1139 (1972)).
Regardless of the deception, the government, under the Constitution, cannot
deprive anyone of "Liberty", without the jury's consent! David was held for two
years without being charged with a crime. He was not told who it was that
accused him while being held for trial. Once at trial, Elven Joe Swisher was the
primary witness against him. Thirty-year Appellate Court Defense Counsel Dennis
Riordan argued by brief that “By the close of David’s trial the Judge [Tallman],
Prosecution Team and Defense Counsel were in possession of irrefutable
confirmation that Swisher had perpetrated a fraud on the court.”
Judge Tallman barred admission of the records. In closing, “The Prosecution,”
said Riordan, “relied on Swisher’s tales of military heroics without warning
jurors that its chief witness had lied to them under oath.”
The sole so-called-witness, Swisher, prior to testifying at David’s trial had
related to the prosecutors “the same lies concerning his combat experience he
later repeated on the witness stand,” said Riordan. He further explained that
“The prosecutor [Michael P. Sullivan, along with his accomplice–Michael Taxay] told
the jury in opening that Swisher was a combat soldier in Korea.... The evidence
showed that Swisher was a pathological liar. He lied repeatedly over a course of
many years about his military record.... He lied to the government to obtain
benefits, he lied to the government again during the investigation of this case
and he lied to the grand jury.... We know now that he even wore his phony Purple
Heart while awarding that commendation to the father of a soldier killed in
action....
“Later outside the presence of the jury the government admitted that it knew in
advance of Swisher’s plan to produce the document on the stand....
“The Court [Tallman]: Have you seen this document?
“Prosecutor [Sullivan]:He showed me this document this morning about 9:00
o’clock.
“The Court: Do you have a copy of it?
“The prosecutor: I have a copy of it.
“Defense counsel [Wesley Hoyt]: Why didn’t you tell us?
“The prosecutor: Why should I.
“In its closing argument,” Riordan said, “The government had an obligation to
correct its earlier false statement in opening about Swisher’s combat record and
to inform the jury that Swisher had lied to jurors about his military record.
Instead to the contrary it deliberately sought to capitalize on the false
statements. It not only argued that Swisher had told Hinkson about his exploits
it also used carefully worded phrases suggesting that Swisher’s claims were
true.
“Prosecutors are subject to constraints and responsibilities that don't apply to
other lawyers. See e.g. Berger v. United States 295 U.S. 78 88 (1935). While
lawyers representing private parties may, indeed must do, everything ethically
permissible to advance their clients' interests lawyers representing the
government in criminal cases [must] serve truth and justice first.
“When a prosecutor has information that a jury lacks “the prosecutor must be
particularly careful not to argue to the jury inferences he knows to be untrue
in light of the evidence excluded”); United States v. LaPage 231 F.3d 488 492
(9th Cir. 2000). (‘Where the prosecutor knows that his witness has lied he has a
constitutional duty to correct the false impression of the facts.’).
And yet in this case the prosecution once again engaged in the same sort of
duplicitous “hard-bitten” tactics calculated to deceive the jury.
Attorney Riordan further quoted a Federal case (Young supra 17 F.3d at 1203
(quoting United States v. Agurs 427 U.S. 97 103 (1976) stating that “The Court
declared that ‘a conviction obtained by the knowing use of perjured testimony is
fundamentally unfair and must be set aside if there is any reasonable likelihood
that the false testimony could have effected the judgment of the jury.’”
Having sat through the trial of my son, David Hinkson, I lost all respect for
our current system of justice. My respect for our Federal Government was totally
demolished. Because of what I saw, I set out to discover what was really going
on in our Country. I do understand how reluctant people are to accept unpleasant
reality, to deny the obvious, to take any action; this is called “cognitive
dissonance.”
However, we no longer have the option to sit back and watch our freedoms erode.
Now is the time for each lover of liberty to take a stand. First though, we must
WAKE UP!
Samuel Adams said it best: “If ye love wealth better than liberty, the
tranquility of servitude better than the animating contest of freedom, go home
from us in peace. We ask not your counsels or your arms. Crouch down and lick
the hands which feed you. May your chains set lightly upon you and may
posterity forget that ye were our countrymen.