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Why are These Innocent Men Still in Jail? Years After the Court Proof Revealed

Pat Shannon

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There are several cases of outrageous judicial behavior that we must never lose sight of until the victims are exonerated. The latest is that of retired Naval LtCmdr (ret) Walt Fitzpatrick of Sweetwater, Tennessee, who was recently convicted in the corrupt state courts of Tennessee of not only “trumped-up” charges but so-called “crimes” that are not even on the books. For more details of this outrage, see:, but for a hint of what drew the initial attack on Fitzpatrick, one needs to know that in early 2009, he traveled to the federal courthouse in Knoxville and filed criminal charges of fraud on posing president Barack Obama re. the lack of proof surrounding his eligibility to legally serve. Instead of allowing the charges to proceed through the system, U. S. Attorney Russell Dedrick took it upon himself to trash the papers and call in the Secret Service to pay a visit to Fitzpatrick.

After many challenges to the system, all lawful, Fitzpatrick now faces state prison sentencing on August 19th – not because he is a criminal but rather that he is one more law-abiding citizen that attempted to expose and buck a highly corrupt system composed of “good ol’ boys”; the likes of which have not been re-exposed and quelled since the infamous 1946 “Battle of Athens.”

Recalling the days of Tupper Saussy’s strife with the Chattanooga courts in the 1980s, and the framing of James Earl Ray in 1969, we might accurately surmise that Tennessee has long been around the top of the list of such dirty antics but does not nearly stand alone. The other 49 seem to be constantly striving for first place.

The beat goes on, and this site can spotlight only a few of the more high-profile cases (low-profile by MsM standards), and it is the degree of outrageous behavior first by investigators and next by the prosecution teams that moves them to the top of our charts. Of course, there are many others, but we know of none worse than those highlighted here at and because of the mainstream news media [MsM] almost always performs as an “accessory after the fact,” little is ever publicly known about the case for the defense in these politically motivated prosecutions.

Not unlike Walt Fitzpatrick, Edgar Steele, Matt Hale, Robert Fox and Schaffer Cox et al., Dave Hinkson languishes in prison for standing on Truth. None of these “crimes” had a victim, but were at most mere violations of government statutes; and often times the crimes were actually created with false witnesses, lying prosecutors and deceitful judges aiding the prosecution team. Judicial corruption is rampant everywhere.

Hence, dumbed-down and kept-in-the-dark jurors were led by liars under oath and a judge’s final instructions to convict, which eventuated in what amounted to a life sentence in prison for each. Every era has had it, but ours may be the worst in American history. This follows the Shannan modern axiom, “Legal Tender is the root of all Evil.” There is far more counterfeit money floating now than at the time of the hyper-inflationary, “Not worth a Continental” days of the 1780s. Even the federal statutes now offer cash rewards to witnesses, judges, prosecutors, law enforcement personnel – anyone that will aid, truthfully or not – in obtaining convictions. Where does this money come from?

David Roland Hinkson, 57, grew up in Colorado as a multi-talented student with a great thirst for knowledge. According to his dad, the “violent” portrayal of him by the prosecution was an intentional mis-characterization of great fiction, as Dave actually measured on the “violence chart” at about the same level as Mother Theresa. Innovative as a young Edison, as loving and respectful of the liberty of his fellowman as a modern-day Jefferson and generous beyond his means, young Dave did have one major flaw, says Papa Roland: he was fatally naïve.

I know the feeling. I used to live there myself. It is a rude awakening when an American, with the lingering belief in the great red, white & blue, hears the Truth in Apostle Paul’s message at Ephesians 6:12, sees it in action and then is slapped in the face with the sudden realization that those “rulers of darkness and spiritual wickedness” have been in those “high places” all of our lives. As with most of us, Dave learned it too late.

On the other hand, one thing that he learned early was how to succeed in business by really trying. Beginning in Las Vegas, his ingenuity conceived and developed WaterOz, which produced more than eighty liquid mineral supplements that looked and tasted like a good drink of water from a mountain stream but added many more supplements necessary to good health; and it was widely accepted in the marketplace. People were getting rid of aches and pains, sleeping better and reaching a general stage of better health. In only three years, WaterOz was grossing over $4 million a year. He expanded to Idaho with a 67,000 sq. ft. factory and warehouse on a 300-acre site.

This quick success undoubtedly attracted the attention of Big Pharma, which has been notorious for surreptitiously stirring up behind-the-scenes attacks against marketers of natural preventives, but Dave may have already made himself an earlier target by upsetting the likes of Harry Reid and a couple of crooked prosecutors in Nevada. His outspoken radio exposure of underhanded IRS tactics also made him a popular voice to the people but not so much to the government – especially the IRS.

Dave_HinksonOf course, none of this was illegal, especially before “patriots” were declared to be (as their messages now are), and Dave’s penchant for rubbing liars’ noses in their own transgressions became a local spectator sport that drew public accolades from the Nevada listeners. It also magnified his image on the enemy’s target board – one who needed to be convicted of something to get him out of the way for a long time. Most of us have something in our past that can be magnified to a much greater (illegal, criminal, suspicious, immoral) plane than what is true, but the government deceivers couldn’t find even that in Dave Hinkson’s past. So, what does a creative deceiver do? Easy. Write a crime novel of total fiction and present it to the grand jury as fact. And with the under-the-table cash rewards that follow a conviction, it is never difficult to find a participating liar to be your favorite witness.

In Dave Hinkson’s case there was only one, and it was a company employee by the name of Elven Joe Swisher, who had been hired by Dave’s office manager and claimed to be a Korean War hero. In truth, he turned out to be a blackmailing narcissist and fraud who tried to extort over a million dollars from David, including one-half of David’s business. He intentionally sabotaged the WaterOz product formulas, which eventually led to FDA problems for the company. Swisher was later convicted of perjury, forgery, theft and stolen valor, but, was able to escape prosecution for many years because of government protection.

So back in 2002, a total of fifty government agents from the IRS, FDA and FBI raided David’s Idaho property before 6:00 a.m. to awaken and capture this dangerous sleeping villain.  Nobody else was there to resist. It was truly a silly and a pathetic scene: all this fire power to drag one man from his bed.

And of course, the raid was a “fishing expedition” to try to locate something with which to charge Hinkson with a crime. They didn’t, and it was months later before they came up with the “Murder for Hire” fabrication – undoubtedly to put Dave away for a much longer time.

And it did. David was convicted on three counts of solicitation and got a stretch of 43 years in federal prison. Yet the record clearly shows that it was the investigators, the prosecutors and the judge that actually belong behind bars.

More Outrageous Judicial Behavior

Further proof of the “fix” being in to get Dave Hinkson was evident when it was exposed that Hinkson’s trial judge had an ex parte meeting with Swisher, only minutes before he testified, in order to get his lies straight. Judge Richard C. Tallman then told the court such fabrications as, “Swisher entered Korea by amphibious landing craft,” when he already knew that the Swisher had never earned the medals he claimed or even set foot in Korea before or since. Then Tallman cemented this false evidence within the minds of the jurors by refusing to allow Hinkson to show Swisher’s actual military record. Tallman was claiming that Hinkson’s copies of the military records were not authentic, but he knew his own copy was the forgery. He had subpoenaed the National Personnel Records Center and had personally received Swisher’s original military file by Federal Express.

After the verdict was rendered and the trial was over, Hinkson’s lawyers learned about the forgery from a representative of the U.S. Marine Corps, who verified that the copy presented in court was not an authentic document but a Swisher-created forgery. Evidence notwithstanding (crooked or not, the judge is boss), Swisher was allowed to falsely testify that it had been “certified by the Commandant’s Office of the USMC.” At the time, Judge Tallman accepted the document saying that it appeared to be authentic, even though contrary evidence was right in front of him. It is reasonable to assume that Tallman failed to further investigate the obvious fraud on his own Court only because he was part of the conspiracy to convict. At the end of the trial, he further instructed the jury to disregard it. Regardless, the duplicity is revealed by the court record.

Furthermore, on the date that Swisher claimed that Hinkson’s threat (plot, plan, conspiracy, solicitation) to murder the judge took place, Dave Hinkson was not even in the country but in Europe. Hinkson’s date-stamped passport would have proven this fact, but Judge Tallman refused to allow this shocking evidence to be shown to the jury. It would have exonerated the defendant on the spot and shown how ridiculous this “show trial” really was.

The Dave Hinkson case was the classic frame-up of an innocent man by an out-of-control judiciary. First came the “target” that had angered many with truth-seeking and his public reporting of it; then appeared the Judas character to create the fabrication in hope of grabbing the thirty pieces of silver; and who better than a corrupt judge to top it off with all the ready necessities to fool a jury into a false conviction.

Even juror Ben Casey said later that he would never have voted to convict Hinkson had Judge Tallman not convinced him of the credibility and integrity of false witness Elvin Swisher. Casey and the other jurors obviously forgot, never knew or just intentionally ignored both the Old and New Testament wisdom found at Deuteronomy 19:15 and 2nd Corinthians 13:1 – a person should never be convicted by the testimony of only one witness.

Surely, the jurors were deceived and will be forgiven on Judgment Day, but the hottest places in Hell are reserved for that whole lot of liars that destroyed this honest man’s life.

Bruno Hauptmann at His Trial in Flemington, New JerseyAnd yet the behavior is nothing new. The “Trial of the [20th] Century” – that charade/framing of German immigrant Bruno Richard Hauptmann in 1935 of the kidnapping and murder of the Lindbergh baby – has been ripped to shreds in recent decades. Even the American Bar Association in 1976 characterized the case as “the most spectacular and depressing example of improper publicity and professional misconduct ever presented to the United States in a criminal trial.”

Indeed, it must have been. Physical evidence was manufactured for guilt while the exonerating proof was ignored – e.g. footprints and fingerprints at the scene and on the ransom note did not match Hauptmann’s; intimidated alibi witnesses changed their stories by trial time; and even a 25-page written confession by one far more likely than Hauptmann to have been involved was deep-sixed. And the end result was so politically correct. Germans were not very popular in America in the 1930s, and the face of aviation hero Charles Lindbergh may have been the most recognizable on the planet.

And of course, when it comes to a high-profile trial, winning is far more important than ethics. Such was the Hauptmann case then, such is the Hinkson case now.

David R. Hinkson must be released. He is paying too large a price for nothing.