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Elven Joe Swisher Trial

the government also knew he was lying, had lied, and would continue to in the case they had made against David Hinkson -- they (The Judge and Prosecution), still proceeding as though their key witness was nothing less than a grown up boy scout.

I might also add here, that Dave was sentenced to 43 years in a place where hell takes a back seat, in the most violent Federal Penitentiary in the United States, a little country club called ADMAX in Florence Colorado. Dave Hinkson had no criminal record whatsoever when being sentenced to that amount of time, and is now rotting in this prison due largely to the perjured testimony of Joe Swisher, and of course our completely, and irredeemably corrupt legal system.

America has the most corrupt legal system in the world, bar none. Joe Stalin, Mao, and Lennin would truly be green with envy at what we have allowed to build up around us in our names -- something called the " Just Us Club".

(CR07-00182)

Trial began April 3rd, 2008

Concluded April 9, 2008

Federal Court Clerks (208) 334-1361

Judge" Lynn B. Winmill (208) 334-9070

Prosecutor: Jessica Fehr

Defense: Brit Groom and M. Lynn Dunbar

(Following trial account was written by Roland Hinkson from notes he took while attending the Trial)

Jury selection began on April 3rd, 2008 [a disk of the jury selection for April 3 only may be obtained from Vickie (208) 334-1361 at the Fed Court Clerk's Office for $26.00. Court Reporter Stacy Heinz-Phone (208) 841-5165 can be reached for the Trial dates from April 4-9, 2008]. The Transcript that she prepared is 673 pages. Statute sets the price per page @ $3.65. Cost is $2,456. If an Appeal is requested by Swisher, the same Transcript would be available at $0.90 per page or $605 total.

April 4, 2008

Roland and Faye entered to court room at 11:32 a.m. The Trial had been in progress. Defense attorney Dunlap was discussing the “Top Secret Mission Letter” that Swisher had written. Swisher had been in the Marine Corps since August 4th, 1954.

Prosecutor Fehr was questioning Prosecution Witness Robin Shultz (?) from the VA about Post Medical benefits. No one was in the spectator gallery except for Faye and Roland Hinkson. Robin Shultz was asked to explain what evidence she normally looks for in ones service record. She was concerned with Swisher's post traumatic stress disorder (PTSD). Swisher's DD 214 and Swisher's application for benefits were projected on the screen. Gov Exhibit 33_Awards Letter , signed by Swisher in June 1958, showed checked boxes. It showed he had arthritis of the right shoulder. His 10% disability increased to 100% for a short time and then back to 10% again (however, he received 100% disability during convalescence).

He had a deviated septum of the nose before entering the service and was treated for it during his service time. On June 28, 1963, a decision was made by the VA to not change his benefits.

There was a break at 12:15 p.m.

Reassembled at 12:38 p.m.

NO EVIDENCE TO SUPPORT PURPLE HEART

A notification letter was sent on Aug. 29th, 1975, indicated that there were no claims about any other injuries; no metals; no awards, no shrapnel and no gunshot wounds etc. It was pointed out that any changes to a DD 214 would be replaced by a DD 215 correction document (Gov Exhibit 46). Gov Doc No.3, Exhibit 46 shows the first time the VA knew anything about Swisher claim. The VA refused Swisher's claim for PTSD and prostate troubles. His case was referred to investigators for further examination. There was no evidence that Swisher had received a Purple heart and the VA didn't get a copy of any Purple Heart evidence. Swisher did get an increase in benefits but also denial of some of his claims. A Decision Notification Letter was sent to Swisher (Gov Exhibit 53). He got 60% benefits. But if he had gotten 100% disability, he would be eligible for many additional benefits.

“A Marine Remembers,” a book Swisher apparently wrote had been submitted with his Appeal and was examined by Robin Shultz. There had been no mention of the DD 214 or that Swisher had been denied benefits (Gov Exhibit 55_Denial of Claims_see Code of Fed. Regulations). Other Exhibits: Evidence of Ailments (Gov. Exhibit #9 and #59 dated June 11, 2003),

SWISHER FOOLED KEELEY FOR A WHILE

Robin Shultz also testified that Ben Keeley’s job was to assist veterans and that he, in fact, had helped Swisher in confirming Swisher’s claims (June 23, 2004). At a VA ailments hearing Walt Jackson and Barbara Swisher testified in favor of Swisher concerning his injuries. Robin Shultz pointed out that Swisher presented a photo copy of his DD 214. If it had not been a forgery, it would mean the VA could “short-circuit” the usual procedure, she said. “But he needed a certified copy. The DD 214 was crucial.” Ben Keeley unwittingly verified the fraudulent DD 214 [because the forged document was presented by Swisher as if authentic], and Keeley was later notified that it was fraudulent (Gov Exhibit 64). Thus, Swisher’s benefit were terminated. Then he received a letter from the VA Finance Division that he owed them money (Gov Exhibit 66).

Cross Exam 1:18 p.m.

Defense Attorney Dunlap questioned Witness Robin Shultz about Swisher’s auto accident and that it could have caused Swisher’s PTSD. Robin said she had never experienced a claim for PTSD from an auto accident. Then Dunlap quoted from “A Marine Remembers.” Another witness, Mr. Baker, who was getting benefits for shrapnel wounds, testified that his wounds and Swisher’s were the same.

Judge Winmill intervened telling the Jurors to disregard the Baker testimony. Chung-He was mentioned as a support for Swisher’s claim.

April 7, 2008, 09:17 a.m. [All subsequent witnesses were properly sworn in]

Proper Procedure to Issue DD215

Prosecutor Jessica Fehr called Government Witness Shadock. He’s the U.S. expert on “Top Secret” documents from the Korean War era. He discussed the Service Record Book; if there’s an error on the DD 214, they can issue a DD 215. If there were any Top Secret actions, the Marines would be recognition in the Record. The Service Record Book contains the Enlistment Contract, Report of Medical Exam (Gov Exhibit #5) physical identifiers such as scars; and primary duties, conduct and proficiency (Gov Exh. 8 p.2), sick category etc. However, there was no status entry for claims made as of January 31, 1956.

TRACKING SWISHER’S MILITARY CAREER

Shadock discussed Swisher’s combat history claims (projected on the screen: Gov Exh. 56) showing Swisher’s Travel Record and how there is a cut and paste procedure applied when time would be saved when multiple personnel records have the identical information entered. The Record showed that on February 14, 1955, Swisher left San Diego for Japan. He was on board the USS Montrose for amphibious training (March 3, 1955) in Japan. There were no other entries of any travel. Had he returned to the U.S, it would have been recorded.

SWISHER LIES ABOUT PROMOTION TO SGT

Shadock discussed Swisher’s promotions and recognitions. On October 1st, 1954, Swisher was promoted to Pfc (Gov Exhibit. 10 projected on screen). Swisher stated that he was recognized for promotion to Sgt, but there was no record of an exam or support data for that claim.

Government Exhibit 73 was admitted into evidence_Unit Diary

SWISHER NEVER IN COMBAT OR IN KOREA

The Unit Diary follows the career of the marine (promotions/reductions history etc.). It showed that Swisher was promoted to corporal then on February 28, 1956, an Article 15 Court Martial, Article 112 Violation resulted in his being demoted back to Pfc. (Gov. Exhibit. 29, p.25). In Administrative Remarks (Gov. Exhibit 11) was a transfer note: On August 23, 1957, Swisher was transferred to the Reserves (Service Record Book) in Bremerton, Washington. “Had Swisher been transferred to a combat unit in Korea in August through November of 1955 it would have been in the Record.” Also Swisher had not been admitted to the hospital.

Shadock discussed Swisher’s Health Care Records. He explained meaning of “Sick Call.” Swisher said he had had difficulty in breathings. On December 23, 1955, he was referred to the Dermatology Unit and was admitted (Gov Exhibit. 70).

SWISHER HAD FORGED AWARDS

Shadock also discussed the DD 214s. The original showed no awards (Gov Exhibit 27) but the second DD 214 contained forged awards [this was shown in evidence]. Also Swishser had applied for ROTC but failed the exam. Next he discussed Swisher’s car accident in Washington State on February 10, 1957. [Later this became an issue for the Defense concerning PTSD]. Swisher submitted to the VA a letter (Gov. Exhibit 61) claiming injuries to his nose (occurred in field maneuvers in Iwo Jima, Japan) but the letter didn’t follow the proper procedure. Concerning his weight on each of the DD 214, one showed his weight at 205 lbs, the other at 230 lbs.

Break, then return at 10:51 a.m.

AWARDS WERE PHONY AND DID NOT COMPLY

Shadock continued: he said that Top Secret Records would be in the Military Awards Records, that the claims made by Swisher’s phony DD 214 did not comply with the standard statements used in the Separations Manual.

PHONY SIGNATURE

Concerning the Expeditionary Medal, there was no combat action or record of injuries in Korea on the DD 214. Shadock stated that Captain Woodring’s (now Colonel Woodring, Ret) authentic signature could not have been on a record and that it does not follow the marine in action to the field as Swisher claimed in “A Marine Remembers.”

Cross by Dunlap at 11:00 a.m.

Dunlap asked if the Marine Expeditionary Medal existed at the time Swisher claimed. On the Unit Diary (Exhibit 76, p.4_Embarkation/Debarkation) there was an error: a missing body weight entry. Another error was that the form had been changed in August 1955 (Exhibit 8, p 2) [one month later, but the Corps was still using the forms from the supply on hand]. Also there was an underwear issue (Exhibit 11) and that entries weren’t in chronological order. There was more discussion about Middle Camp Fuji on December 3, 1955 (Exhibit 16 and 14, p.2) where Swisher was stationed.

Re-Cross, Jessica Fehr_11:26 a.m.

Jessica pointed out that medical records are found in four places. None supported Swisher’s claims. After laying a foundation she called another witness, Annette Amerman_from the Marine Corp Records Historical Division. She testified that the Korean War Armistice was signed on July 27, 1953, that there was no operations concerning Korea in 1955 [Swisher claimed his combat activity began in September 1955]. She explained that the Unit Diary is updated monthly. She testified that the Records show that Swisher in December 1955 went for eight days to You Kasha, Japan (Gov. Exhibit 30, p.2). On December 12, 1955, Swisher’s name was on the Roster of those left behind when the rest of the Company went to Okinawa (The order of names on the Roster was that officers are listed first, and then noncoms are listed alphabetically).

NO RECORD OF COMBAT OR KOREA

Annette Amerman testified that if Swisher had been transferred from Camp Fuji, it would have been recorded. Swisher’s creative story of his heroism in freeing POWs, 111 marines killed and 39 wounded was not recorded anywhere. As a Government specialist in the Korean War era on Top Secret Records, she said that “every 12 years Top Secret Records are downgraded for that period of time.” She testified that there have been three twelve year periods (36 years) that show no action claimed by Swisher_PERIOD!

Break for lunch_Returned at 1:50 p.m.

SWISHER LETTERS A FORGERY

Annette Amerman returned to the stand saying that “Swisher’s letter appears to be a forgery.”

Jessica Fehr called Government Witness Dr. Walsham.

Walsham had served in the Marine Corps from March 1954 to June 1964 and was stationed in Camp Fuji from 1954 to December 1955 (as Chaplin assistant and as clerk typist). He testified that he made entries in the Service Record Book for each marine etc. He said that the only training going on at Camp Fuji was maneuvers. When asked if 111 marines died or 39 injured, he answered: NO! Jury was excused.

Stipulation at Side Bar

Stipulation about Swisher backing off of Woodring’s signing a doc: “Swisher doesn’t remember.”

Jessica Fehr Rests

Break_Returned at 2:33

Dunlap for Defense

Dunlap called Witness James Joe Unger, former decorated captain living in Orifino Idaho. He said he first met Swisher in 2001. He also talked about classified information that he couldn’t repeat. He testified that he was trained as a sniper at North Range, was issued a B.A.R. [weapon] but turned it back in. He was assigned to Howe, 3rd Battalion, George Company. He supported Swisher’s story of secret activity.

Cross_Prosecutor Jessica Fehr

She asked about a meeting in Camp Fuji where the marines were trained for ten days. The issue was about any secret mission or the disappearance of other marines in nearby barracks.

Dunlap asked if there were any rumors about anyone going on a mission. Unger said the barracks were emptied. He testified he could remember the circumstances of 53 years ago.

Brit Groom for the Defense

Groom called Doug Sellers of Cottonwood Idaho. Sellers said that he has known Swisher for 56 years. They had lived together in Missouri. He testified that after Swisher came back from the Corps, Sellers noticed that Swisher had a hunch, scars on his side etc. He had documentation supporting Swisher’s story. Groom asked that the Docs be admitted (Def. Exhibits 2066-2071). The documents Sellers claimed he had researched came on the Internet from the Eisenhower Library [Later, Judge Winmill chastised Groom for violating his responsibility to product pertinent evidence]. Groom called Dr. Doug Walton of St. Maries, Idaho. He served in the Army from 1968 to 1971, had claimed two Purple Hearts and many awards for valor. He said he had 500 hours of combat in Viet Nam. His testimony was that he has seen many wounds and that Swisher’s scars, are the same as his. Walton gets 100% disability; therefore, so should Swisher.

Cross_Jessica Fehr

She asked a few questions. and Walton was subject to recall.

Brit Groom called Pat Dromend

She had taken care of Swisher’s mother (and possible his father, Margaret/Gene Swisher). She testified that she had seen the Purple Heart Certification in 1999 and the medal but doesn’t know what happened to them.

Jurors excused

Judge Winmill chastised Groom for the inadmissible evidence, and said he would tell jurors to disregard improper evidence.

April 8, 9:00 Trial Reconvened_Jessica Fehr

Fehr called Government Witness Mr. Nichols. His credentials were established. Specifically searching for Swisher data, he testified that he saw no evidence of any records about any secret activity occurring between August through September of 1955 as stated in Swisher’s claims.

Jury Returned

Judge Winmill instructed Jurors to disregard the Groom inadmissible evidence.

Brit Groom

Groom called Defense Witness James Funke, a former employee of the VA in Spokane, Washington. Although retired two years ago he was a social worker with a Master’s Degree. He said he had worked at the VA for 20 years with Operation Outreach as a service officer with experience in psycho-social services including PTSD diagnosis. He used the DSM4 Guidelines. Ben Keeley had referred Swisher to him. Swisher came to the VA Hospital over a period of three years. Funke had diagnosed Swisher as having PTSD. He testified that Swisher had told him about a grenade incident and told him the “A Marine Remembers” story of his heroics in saving a young marine from suicide etc. Swisher claimed that this was a reason why he has PTSD.

Cross_Jessica Fehr_09:45

Defense Witness Funke said he couldn’t recall evidence to support his testimony; but in a letter he stated that PTSD was “based solely on combat experience.” He admitted that he based his knowledge solely on Swisher’s testimony_not on any documents viewed. Also, Swisher had told him Swisher had a Masters Degree in Social Work [Swisher had access to the same Guide Books on PTSD as did Funke]. He stated that he didn’t share his diagnosis with Drs. Molton or Rebeda (?) [Two doctors who had incite into Swisher’s so-called PTSD].

Brit Groom

SWISHER’S RECORDS NOT BURNED BY FIRE

Groom called Defense Witness Ester Westlake (a VA patient advocate and employee since July 2000). She testified that she has access to veterans’ records and that she had met Swisher at the VA Hospital. She saw Swishers Service Record, said he got 70% disability (Def. Exhibit 2023). The question of a fire in 1972 that destroyed many Army records and some Air Force records came up, but it did not affect the Marine Corps records.

Cross_Jessica Fehr

Then a Break returning at 10:47

Groom_10:51 a.m.

Groom called handwriting expert Defense Witness Travis King. His credentials seemed to be adequate, and his specialty was in forgeries. His equipment included “the same things a jeweler would have including a light box, telescope and other devices used by forensic analysts.” He discussed his methods of analysis in detail. [King’s testimony would have been very upsetting to the prosecution if not effectively countered]. He called for Government Exhibit 27 (also known as K1-meaning known 1) which showed Captain Woodring’s signature. K2 was an Active Duty card with Woodring’s signature. Government Exhibit 61 (known as Q1-meaning question 1). Ks & Qs were compared. On the screen detailed elements were addressed such as slant of words (when highly enlarged), pools of ink showing resting or slowed down script writing etc. King’s testimony was that he concluded that all the signatures of Woodring on all docs were, in fact, those of Woodring.

Cross_Jessica Fehr_11:31 a.m.

Fehr asked King about his training, examinations, associations to which he belongs, past work performances etc. His training included 90 hours in an unaccredited forensic school in graphology. He analyzed a signature in the Jon Benet Ramsey case which turned out to be wrong. He testified that he didn’t analyze any original documents and that an authentic signature could not have been used on a sheet with superimposed typing.

Re-Direct_Groom

Groom asked King if you use Photo Shop can you successfully transfer a signature without capturing the background source? King answered that “If you transfer a block, then everything goes with it.” Answer: No.

Lunch Break_11:53 a.m.

Trial Reconvened at 1:16

Jury Returned at 1:25 p.m.

Defense Witness Allen Brockmann was permitted to testify via telephone, at 1:25 p.m. and was sworn in.

Brockmann was in the Marine Corps from 1950-1971, deputy sheriff in Clearwater/Orifino Idaho and met Swisher in 1957. His story was about the heroic claim made by Swisher in Swisher’s book, “A Marine Remembers” about a young armed marine who was threatening to kill himself by jumping from a roof. Swisher claims to have gone unarmed to the roof and having talked down the young Marine. He admitted that he didn’t see the incident because he was at the Post Entry Gate. The story about the incident was related to him by others, and he never saw any documents_he relied on what Swisher had told him [apparently years later].

Dunlap_Swisher, 1:38 p.m.

SWISHER ADMITS AFFAIR WITH COMMANDING OFFICER’S “WOMAN”

Elven Joe Swisher was called to testify. He said his last duty station was Bangor Washington. He knew Captain Woodring, met Woodring’s “Ole Lady” in a bar, and they had an affair. Woodring found out between June and time Swisher was discharged (1957). Dunlap had Exhibit 61 projected on the screen showing the complimentary comments supposedly made by Woodring. In October 1957 Swisher claimed that Woodring threatened him if he wouldn’t sign a blank DD 214. Swisher said that Major Morgan [higher commander] promised to clear Swisher’s Record.

Cross_Jessica Fehr 1:57 p.m.

Fehr called Government Witness Nancy M. Cox to be sworn in.

Side Bar

Ms Cox presented her credentials: she has been the document examiner for several years and is Director of Forensics. She has a BS Degree and Security Service_a 3 year program, highly qualified and is certified by the Independent Forensic Association. She countered to what Mr. King had testified. She said, “No one signs anything exactly the same way twice. She displayed on screen exhibit documents 2073-2077 discussing the quality of each (quality of the copies was poor, “can’t determine if authentic” etc.). She said you can’t tell for sure if a photocopy is from an original and that you can cut and paste using Photo Shop.

Judge Winmill asked for the attorneys to present Jury Instructions before leaving.

Recess Till Tomorrow_2:17 p.m.

Court Reconvened on April 9, 2008 at 8;30 a.m.

At 8:33 Judge and Jurors Entered

Judge Winmill read the Instructions to the Jurors: “You must follow the law as I give it you … punishment will be decided by the Court. You must be in unanimous agreement. ("This is a complete breech of public trust by the judge to instruct the jury along these lines, and no juror is bound to be directed as such. This particular instruction, essentially nullify's the intent of a jury to start with, which is to not only judge the case but also the law.")

Note: There were Six additional visitors in the Spectator Gallery beside Roland and Faye

Charges were read _ Count One: Wearing unauthorized medals;

Count Two: Perjury (making false statements)

Count Three: Forgery (false DD 214)

Count Four: Theft (VA benefits without entitlement)

Summation_Jessica Fehr

Mrs. Fehr stated that Defendant Swisher in essence fails in everything. There were no 111 marines killed in a non-existent skirmish, no record of 39 marines being injured, no combat (as demonstrated by Annette Amberman), no operation involving anyone, no notations of any injuries. She told the Jurors that “you’ve seen the entire military records.” She reminded them of the Middle Camp Fuji environment, that the Medical Record (Gov. Ex.26) showed that Swisher had surgery in 1957, that there were no comments on his DD 214 except for a court martial and auto accident_that “This is the official record.” On Exhibit 62, p.5, June 11, 1958, in box 17, it showed nasal surgery but no mention of any grenade wound. From 1965 until 1975 no mention of injuries_not until 2004 in “A Marine Remembers.”

She said the VA denied the claim (Gov. Exhibit 68, p.2. She talked about Woodring’s Letter (forged) of October 1957 and his first claim in Jun 1957 for some benefits_no mention of any Purple Heart or grenade wounds_first mentioned in 2001. There were no copies on file in any government archives of any awards of the Silver Star etc. She mentioned the young suicidal Marine issue and Korean POWs claims and facts. Also she reminded the Jurors that the Navy Cross didn’t even exist in 1957 in the form Swisher claimed.

In Brockmann’s testimony he had no knowledge of any citations. Sellers talked about Swisher’s nose job in July 57. Dr. Walton has no idea of other accidents. Unger only met Swisher in 2001. Pat Bromen couldn’t fine the certificate or box with the Silver Star. Swisher had the same access to PTSD Regs that former VA Social Worker James Funke had [This is possibly where Swisher got the idea of trying for PTSD disability benefits].

There were no Marine Corp Records in the achieve fire, about King’s testimony concerning Woodring’s signature and Cox’s counter testimony or Swisher’s so-called affair with Woodring’s “Ole” Lady (Woodring being so offended that he failed to document Swisher’s Service Record. She reminded the Jurors that Swisher had been receiving $2,500 per month from the VA etc.

Break_09:25

Dunlap Summation_09:39

Dunlap: “Swisher is the smarted client I’ve ever had. He’s been plotting this for 53 years” [of course he was being facetious]. Dunlap read a “sweet letter” to Swisher from his folks. He showed a picture of Swisher wearing a bar on his lapel [implying it was a service bar for meritorious action]. He talked about the scars and the 1957 car accident and that the medical records had errors and were incomplete. He contradicted the Gov’t about records follow the marines into battle. He talked about Dr. Walton’s Top Secrets, that the DD 214 wasn’t done properly, that King used proper equipment but that Cox didn’t have proper equipment, that Woodring signed the original DD 214 and was threatened by Woodring etc, that Woodring sent to Swisher the wrong copy and that Woodring entered into a conspiracy to destroy Swisher. Dunlap said Swisher hadn’t lied and was entitled to the medals and disability benefits.

Defense Rested at 10:07 a.m.

Prosecutor Jessica Fehr Re-butted on a few of the statements (e.g. that Woodring shredded Swisher’s file, that the Government lost the records of 111 marines that were killed). Finally she said that “Common sense tells you Swisher is guilty.”

Judge Winmill addressed the Jurors at 10:13 (and told the attorneys to stay within 15 minutes of the Court)

Jurors Retired to Deliberate at 10:17

Court Reconvened at 2:00 p.m.

The Jurors re-entered at 2:11 p.m.

Judge Winmill asked for the Verdict

Jury Foreman answered on each of the four counts: GUILTY

Sentencing is set for June 26, 2008. Judge asked if the Prosecution wanted Swisher bound over. Jessica Fehr said no. Swisher was then taken down to the 3rd Floor of the Boise Federal Building to the Parole Division.

From: remelin@sudden link.net

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