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OUTRAGEOUS ABUSE OF JUSTICE
February 3rd 2009
[NOTE: Coming: The story of another victim of judicial tyranny–the case of Marc Boyce]

Open Letter


Dear family of friends,
Sorry that it's taking so long to write about what's going on in the American justice system. I'm working on a serious EXPOSÉ on criminal behavior by the United States Department of Justice and the Judiciary. I will name names and make accusations which if not true would certainly be defamatory; Of course, "Truth" is the best defense. WATCH for "CORRUPTION IN AMERICA, PART ONE

EXPOSÉ On
SWISHER SENTENCING

    Currently Federal Probation Officer Doug Grove of Boise, Idaho, assigned to Swisher’s case, recommended leniency that amounts to six or seven levels below what the U.S. Sentencing Guidelines would allow. Such departure from normal could permit Swisher to have home detention and an ankle bracelet without prison time.

    However, the final sentence was even more lenient. The Lewiston (Idaho) Morning Tribune reported on January 6, 2009, “Elven Joe Swisher was sentenced to a year and a day in prison Monday on four federal felony charges related to making false claims about his military service.” The article said that

    “Swisher, 72, was convicted in April of wearing several unauthorized military medals, two counts of making false statements about military service that were intended to increase the amount of veterans benefits he was eligible for, and theft of government funds for using false testimony and a forged discharge form to obtain disability benefits.

    “U.S. District Judge B. Lynn Winmill sentenced Swisher to six months in prison on the charge of wearing unauthorized medals and a year and a day on each of the other three counts. All will run concurrently, meaning the longest he would serve would be a year and a day. He also was given credit for time served. He has spent some time in jail awaiting trial.

    “Swisher was ordered to report to the Bureau of Prisons on March 4, and Winmill recommended he be placed in a facility that can accommodate his medical needs, in the federal prison at Sheridan, Wyo., or at the state prison at Cottonwood [Idaho]…. Winmill waived fines because he said Swisher didn't have the ability to pay them, and said restitution will be ordered at a later date. A special assessment of $25 on the first count and $100 on each of the other three was ordered paid immediately.”

    It is beyond comprehension and certainly without credibility that a 20 year prison sentence could be reduced to hospital time–at tax payers’ expense–and a country club confinement. Judge Winmill denied consideration of 40 petitions by qualified veterans and victims who demanded that Swisher receive the maximum punishment allowable by law. Now the public is asking, what form of corruption would cause such a travesty of justice?

    Consider this: It was this same Doug Grove who, based on Swisher’s perjured testimony, recommended that David Hinkson be put away in the “Solicitation Case” for 33 years plus an additional 10 years in an IRS tax case, involving “Structuring” of money transactions. David didn’t even violate the IRS rules. His bank had not provided a Cash Transaction Report (CTR) to the IRS–a burden placed upon banks by the Government. David had properly withdrawn his own money from his own bank account to pay his own employees.

    Swisher, who repeatedly lied under oath at David’s trial, fulfilled his threat. If David would not give him half of David’s business, WaterOz, he would accuse David of offering him money to kill various individuals. David’s attorney at the time was Brit Groom. Groom told me, David’s father, personally that if we’d give Swisher $5,000 he would not testify accusing David of murder for hire.

    When one of the eleven justices in the Ninth Circuit Court of Appeals asked the Justice Department if they have charged Swisher with perjury in David’s case, there was only a reluctant response–NO! It isn’t likely that Swisher will ever be brought to trial for any of his crimes unless there is a huge public outcry.

    After Swisher’s conviction, his date of sentencing had been repeatedly postponed. He is still out of jail and won’t start his detention until March 4th, 2009. His sentencing was originally set for June 26, 2008; then postponed until September 29; postponed until Oct 1, postponed until November 26th and again postponed to January 5, 2009. Given these happenings, it appears that Swisher is being protected from within the Federal Government.

    Also after conviction and through his latest attorney, Mr. Chris A. Bugbee, Swisher asked for leniency. Swisher had turned on his past attorneys charging them with various indiscretions leading to his conviction. Never has he admitted personal responsibility for his tortuous actions.

Letters provided by Mr. Bugbee to the court said:

    “Personal doctors attest to the fact that incarceration would place an extraordinary burden on Mr. Swisher … He’s approaching the end of what was once a proud life. He actually served our country in the Marine Corp but now will not he remembered for having done so honorably but rather for dishonoring the Corp that he so dearly loves … Despite his convictions Mr. Swisher has lived a long and law-abiding life. Until his arrest in this case he was well respected by friends and family and within his community.”

    Rather than Swisher having lived a law-abiding life prior to his convictions, he has been able to repeatedly avoid the consequences of his own criminal actions. Once again Elven Joe Swisher escapes justice. How much reliance did Judge Lynn Winmill place on Doug Grove’s recommendations? Was Winmill’s sentencing of Swisher a slap in the face to all veterans and taxpayers?

    Mr. Bugbee, in making a case for leniency states, “Certainly the seriousness of the offenses for which he [Swisher] has been convicted should he balanced against the law-abiding life that he lived prior to his convictions…. A sentence which imposes simple probation or home detention is more than adequate to do justice in this matter.”

    Mr. Bugbee was trying to paint a picture of a kindly gentleman who had made a few errors in judgment. He said the punishment should be administered to “reflect the seriousness of the offense, to promote respect for the law, to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant while providing an adequate deterrence to future criminal conduct [and] to provide just punishment for the offense.”

    If the appeal to the Court as described above were in fact applied, Swisher would never be free again to destroy the lives of decent people. The victim who knows best about Swisher’s past life is his own blood daughter. Click here for her testimony.

Swisher
DAUGHTER SPEAKS OUT!

    On December 22nd 2008, I received an email from Cheryl Yamamoto, daughter of Elven Joe Swisher, after she had visited my website.

She said,

    “Thank you for your insightful article regarding the numerous criminal activities of Joe Swisher. As one of the daughters molested and abused by him, and in fact, his only daughter by blood, I applaud you. It is unthinkable that he may be allowed to escape justice yet again, and let me assure you that he is held in the worst regard by his immediate family with the exception of his current wife, with whom I attended high-school.

    “It is my belief and the belief of mental health professionals with which I have had contact that Joe Swisher is a sociopath, in modern terms, "antisocial personality", which would support your assertions that he takes no responsibility for his wrongdoings and, in fact, always blames others if and when he is accused. I fervently hope his sentencing includes the maximums allowable by law although even this would fail to provide justice for his lifetime of unrelenting criminal activity and numerous wrongs to individuals and society. He is a blight upon this earth.”

Later, I called Cheryl asking if she would allow me to publish her comments on my webpage. She said,

    “Of course, I will help you in any way I can.  As you can imagine, I also could easily write a book about Joe Swisher's exploits and depravities. I only lived with him for a few years, but we children lived in terror of his violent temper and never knew when we would be visited in the middle of the night to provide him with sexual services. So much fear.  

    “Prior to forcing the issue for the second time with my stepmother in an attempt to make the incest stop. The first time we told her about the night visits, word got back to him, and she was beaten severely while we huddled downstairs terrified that he would turn on us and afraid for my stepmother's life.  I honestly felt that he would kill one of us if we didn't get away.

    “My stepmother, four girls, a boy and two cats all fled to California in the middle of the school-year immediately after the sheriff took our statements–to try to avoid his wrath. I don't believe any of us wanted anything bad to happen to him, we were children. We just wanted it to stop. I naively thought that he would surely apologize, promise to never do it again, and we would all become a happy family. I still loved him and it never occurred to me that instead he would turn on us and accuse us of lying. He actually asserted that this was an attempt on our part to gain control of his mine.

    “At one point in my life (in my mid-twenties) when I realized how deeply he had scarred me, and [I] did not have the means to afford counseling, I looked into filing a civil suit against him to help defray these costs, but was told that in Idaho (although not in many other states) the statute of limitations for this had passed. “He's an intelligent and highly manipulative man, and I wonder if he also knew that at the time he was charged with incestual crimes against his daughters. Idaho was one of only two states in the country in which the burden of proof was upon us. We each had to pick one day when we believed we were molested, and the jury was instructed repeatedly that they were not deciding whether or not he had actually committed the crimes but rather whether or not we could prove it occurred on the one day each of us had to provide.

    “Naturally, my father secured several hapless acquaintances to provide him with alibis and, as you are aware, had letters written to the local paper and thousands of flyers delivered to people in the jurisdiction proclaiming his innocence. Hence, that travesty. Yet, I was informed that a few years later, the law was changed in Idaho, and perhaps we were able to do some good for others.

    “I know that when I was in my teen's my father's mining associates with the help of my older brother tried to bring charges against him for I believe, embezzlement and fraud. My sketchy understanding of this suit is that all charges were dropped when a key witness, Speed Seaman from Nevada, was in an auto accident on his way to Idaho to testify. His wife was killed and in his grief, I believe he no longer had the strength for the trial. He was my father's chemist at the goldmine and I was told that he had proof that my father was falsifying ore samples from the mines under his control to make them appear richer in precious metals and thereby attract investors. My father has a long pattern, a lifetime, of destroying others to get what he wants as well as classic "delusions of grandeur. “Once again, I am happy to help you in any way I can. He will never stop hurting others, he doesn't even acknowledge that he ever has.

    “I am now in the medical profession, and as I've expressed before, I believe there is clear, irrefutable evidence that he has anitisocial personality disorder. Antisocial, by definition, means he should not be allowed to be in society for the good of everyone. He can and will continue to manipulate from prison if justice is ever served, but at least that harm will be mitigated.

“I have had to stop several times while writing this, it always brings pain.   However, I try to never shy away from it either, silence won't help anyone. “My past has given me insight into helping others that I encounter that have been raped, beaten, molested or tortured. This helps me to be a more compassionate healthcare provider and to connect with people in need. It will never be as if these things never happened. I will never get my innocence or childhood back. Yet I have succeeded despite my father. I live and love and contribute to the betterment of society. And that's enough.

    “You are welcome to send out and publish my correspondence. My father can still hurt me, but I'm not afraid of him anymore; and I will do anything in my power to help prevent him hurting others. He's caused more than enough suffering for a lifetime. Cheryl Yamamoto”

Roland's Opinion


    What is most disturbing to me about the Swisher farce isn’t the crimes he committed but the deception by the Justice Department and Court. Instead of applying our Constitutional laws as passed by the legislature and holding everyone to the same standard, power brokers hide behind immunity then pick and choose how they’ll apply those laws. Crimes committed in the name of “law enforcement” go unchallenged. Judges–not all–create their own laws by how they rule. Then they use their own or another court’s ruling as a precedent.

    Careful observation by an unbiased spectator can reveal their tactics. An innocent victim of a sinister individual is accused. Without money it is very difficult for one to defend himself. The Accused without money is at the mercy of the System.

    Always remember: The government is not there to help you–but to convict you. You know you’re innocent, the prosecutor may know you are innocent, but his goal is to convict. Only the naïve believe that most prosecutors seek truth–in reality, they want a conviction.

    Some government officials will stop at nothing to achieve their goal. So never make the mistake of even thinking: “I have nothing to hide; so I’ll tell the police (or whomever) what he/she wants to know.” Instead, keep your mouth shut! So if you are approached by law enforcement of any kind and are asked: “Can I ask you a few questions?” You may be well advised to hand them this statement:

TO WHOM THIS MAY APPLY:

    I do not feel I can answer any oral questions at all unless I first clear all your questions with a lawyer. Please submit all you questions in writing. Mail them to me, and I will get back to you. Also produce the agreement/contract between me and your agency or government showing bona fide signatures. Please give me your calling-card, let me photocopy your official identification credentials; supply the below information, and sign this letter below. I will give you a copy as a receipt as evidence that I gave you no information whatsoever in this or any other interview.

Signature of government agent______________
Date/time____________
Name (& official position)______________
Office address_______________________
ID no._____________________________
Tel/Fax ____________________________
Email _______________________________
Performance Bond # ____________________
Bonding Co. name & address __________

    Any statement you make, even the most trivial, can be combined with other data or statements from others and can––no, will––be used against you. If the agent won’t sign, you can fill in the blanks. In all probability, he/she won’t sign or respond. Verify this concept with your attorney; because I’m not giving you any legal advice.

    Just remember that prosecutors may legally violate civil rights in initiating prosecution and presenting their case––U.S. Supreme Court in Imbler v. Pachtman, 424 U.S. 408 (1976). And also be aware that immunity extends to all activities closely associated with litigation or potential litigation––Second Circuit Federal Court of Appeals in Davis v. Grusemeyer, 996 F.2nd 617 (1993). Thus, judges, prosecutors and various government agents are all above the law. They have it in their power to virtually destroy whom-so-ever they choose and do so with impunity. If you have the resources, you can attempt to impeach the abuser. Otherwise, you can appeal to a higher court—good luck, my friend.