The David Hinkson Story
Roland Hinkson
This is the shocking story of what happened to Mr. Hinkson. David started his company in 1991. He had been motivated to learn about health and proper nutrition after traditional approaches failed to deal with numerous personal health problems. His discoveries were incredible. However, his social naivety and trusting nature resulted in his being victimized by thieves and unscrupulous government persons.
David’s story is scandalous. He began his journey, a journey through Hell. Attorney Riordan said, “This is such a significant case that the judges may take their time preparing for oral arguments.” There are two components to this saga. David was charged with and convicted of “Solicitation to Commit Murder” and for “Structuring."
In the Solicitation Case, he was charged with 11 Counts–acquitted of five, three dismissed, but he was convicted on three. The sole accuser, who convinced the Jury that David was guilty, was Elven Joseph Swisher of Cotton Wood, Idaho. But he had plenty of help by Government agents–including the Judge. This judge, Richard C. Tallman, sentenced David to 33 years at the most severe prison in the United States, ADMAX. He managed to have David placed in solitary confinement. David Hinkson has been in solitary confinement for much of the past four years and is still there.
For more information on ADMAX and how to write David, go here.
In the Structuring Case, he was sentenced to 10 years in solitary confinement. His crime: he paid his employees on Thursdays $9,000 but within 24 hours paid his construction workers varying amounts which brought the total to over $10,000. The Credit Union failed to report on a Cash Transaction Report (CTR) his manager’s withdrawal of these amounts. The fact is that a law designed to ensnare drug-traffickers was misapplied to a legitimate, exempt payroll situation.
This case has cost the taxpayers hundreds of thousands of dollars and has cost us well in excess of three million dollars. The amount of money lost by this treachery amounts to millions more. There is no way proper restitution can be made.
For the sake of providing a little background, I include excerpts from an article I wrote for the American’s Bulletin, September/October Edition (2006) entitled, “Framing of a Political Prisoner – The David Hinkson Story,” I quoted David’s own account of his arrest:
For more information on ADMAX and how to write David, go here.
“On the morning of the 21st of November, 2002, I was startled out of a sound sleep by screams. I looked over at the door and I saw approximately eight men storming into [my bed] room dressed in black and holding machine guns. I heard over and over, “Freeze, mother f***er.”
“I heard someone say, as I was being held down, ‘Where’s your gun?’ All of the machineguns were pointed at me. I was still partially asleep when the only agent not in SWAT or military dress dragged me out of bed [at 5:45 am]…. “That man” David said, “was [IRS Criminal Investigation Division (CID)] Agent Steven Hines…. Hines, in an effort to cover-up for the fact that he should not have been in that raiding party, testified [under oath, of course] on September 26, 2003, that it was his friend, FBI Agent William Long, who had held the gun to my head on that November morning.”
David had done nothing to merit this Gestapo type assault! FBI agent Will Long later threatened David saying, “I’ll put you away for the rest of your life.” Why? We don’t know for sure. We only speculate. David had previously sued Hines and several other agents of the IRS and agents of the Justice Department.
For more information on ADMAX and how to write David, go here.
The Grangeville Gazette April 16th, 2002, headlines stated, “Local Businessman Files 50 Million Dollar Lawsuit Against IRS Agents and a Local Attorney. “… David Hinkson filed a civil rights complaint in Federal Court in Coeur d’Alene against Steve Hines, Gerry Morgan, Dennis Albers, Nancy Cook, and the Internal Revenue Service.”
As David’s father, my purpose in writing that article was not only to help exonerate and free my son but to provide an example of how a corrupted government will destroy an innocent victim. I hoped to help defrock the treacherous conspiracy gripping this Nation. As I stated in my Article, “There are but two possibilities concerning this article:"
I’m paranoid, incompetent or dishonest or
What I’ve written is true.” I swore under oath and affirmation by everything I hold dear that everything in that and this article are true to the best of my knowledge.
John Pugsley, president of The Sovereign Society pointed out that, “History proves that governments inevitably grows corrupt, and that corruption leads to an increasing use of police and military force, both against foreign ‘enemies’ and against its own citizens.” (This is an understatement, to say the least.)
It’s clear from the circumstances of this case that when government agents conspire to target someone such as David, they broker special favors for individuals who agree to act as “cooperating informants.” They entice them to provide false information or to act as witnesses. By cooperating with officials, false witnesses themselves often get charges dismissed; or they receive other inducements. David had pulled the chain of all the agents up the line of command. A conspiracy to get David was in the making. There was a prize to be had for all participants.
Assistant United States Attorney Nancy Cook offered to drop the charges if Dave would plea-bargain and pay a $5,000 fine. I learned painfully later: that the United States and our system of so-called-justice – that I’d been taught about all my life–is a total fraud. (Again, another understatement)
The story I wrote for the Americans’ Bulletin continues:
Since David refused to cooperate, these Federal villains came up with a new tactic: accuse David of ‘Murder for Hire’–a favored charge. That’s one that would infuriate the public. So release to the media accusations that David wanted to kill agents of the “Government.” Thus any jury-pool would be compromised.
Maybe the worst scandal in FBI’s history was the Joseph Salvati case. Salvati spent three decades in prison for a crime he didn’t commit, as reported by www.aim.org. “He was put there by uncorroborated, false testimony from an informant under the protection of the Federal Bureau of Investigation. There is compelling evidence that the Bureau knew Salvati was an innocent man and then conspired to keep him in prison for more than three decades… After his release from 30 years in prison the FBI agent responsible said, ‘What do you want, tears or something?’ (The FBI, CIA and all other Federal Police Enforcement Agencies, amount to no less the largest criminal enterprise in all recorded history, rendering the Mafia mere Pikers in comparison).
Dave,” I said, “No jury will be so stupid as to believe this “murder for hire” nonsense that they’re now accusing you of. Nancy Cook [who was trying so hard to ensnare David] must be a first year law student.” But as I watched the fraud unfold, the perjuring agents, the dishonorable judges, the cowardly media and gullible, manipulated public all share in a despicable railroading of an innocent man, I was finally awakened.
So FBI Agent Will Long set up a ruse to ensnare David. A female employee, Marianna Raff, that David had fired for stealing $6,600 from his house, told Long she’d testify that David wanted to pay her to kill a judge and a couple of people she knew David disliked. David came to the Sheriff’s Office to report the theft. Instead of pursuing the theft, the real crime, Agent Long placed David under arrest. David was wearing a voice-activated tape-recorder under his coat. He asked why he was being arrested. In response, he was told to shut up.
At a detention hearing on April 9, 2003, before Magistrate Williams, Agent Long lied under oath stating that “Hinkson had not demanded an attorney.” But David had a concealed tape-recorder in his shirt pocket. When the recorder later was discovered in David’s personal belongings and transcribed by a court reporter, it proved that Long had perjured himself.
And although David was charged with 11 counts of soliciting the murders of a federal judge, a federal prosecutor, and an IRS agent in retaliation for a prior bogus criminal case brought against him, he was acquitted of 5, had a hung jury on 3 but was convicted on 3 of the charges–based solely on the testimony of Swisher. In January 2005, he was convicted and sentenced to 43 years in prison.
Judge Tallman refused to allow the jurors to hear David’s exculpatory evidence – evidence that showed Swisher was a liar and had forged his military records (DD214). Later Swisher was exposed for his forgery and lies and was expelled from the Marine Corp League, the Purple Heart Organization and the VFW. Yet the Government has failed to prosecute him for numerous felonies. Elvin Joe Swisher became the Government’s star witness.
Swisher had fraudulently sued David for various amounts. First, according to a Swisher associate in the Marine Corp League, for $6,000.00. Then this associate [Joe Volk], heard that David owed him $9,000.00. Swisher threatened that if David did not give him half of his business (WaterOz Company), he would testify against David. Later Joe Volk heard from a trial transcript that Swisher was suing for $522,000.00 that he now said was owed to him.
It was just one year ago that I wrote a letter to David as follows:
As you know, David, there's no doubt in our minds that you are a victim of a ruthless, uncaring bunch of criminals. These criminals come in many forms–sometimes as FBI agents, sometimes as IRS agents and sometimes as judges.... Swisher is an incorrigible rogue. His crimes include forgery, fraud, theft and blackmail. ... Hopefully we can bring the conspirators before the bar of justice for prosecution. But since some of the culprits are in government, we may get only justice in the court of public opinion. Humiliation and dishonor may be their only punishment – time will tell.
In an article in the a local publication entitled "Detachment Who's Who," appears the following flattering statements about “Joe” Swisher. The article said Swisher "was 17 years old when he joined the Marine Corps. In the fall of 1950, he decided to visit Inchon on D-Day plus 2. The cities of Seoul and Wonsan where visited, and then he took a leisurely jaunt up to Frozen Chosin.”
Please watch this most elucidating brief film clip on " Stolen Valor", by going here.
In that publication dated March 2004 called "Tell It To The Marines" Joe Swisher was elected as Commandant of the Sergeant Major Linehan North Central Idaho Detachment – 1034. He thanked the membership for electing him as Commandant. The Article described Swisher as a decorated combat veteran from the Korean War era, as having served with the third battalion, third Marines, third Marine division (3/3/3) as well as third battalion and fifth Marines…He became a regular member of the Marine Corps League in 2001 and the life member in 2002. He's a life member of the Marine Corps League, of Disable American Veterans, Veterans of Foreign Wars, and the Military Order of the Purple Heart…. He discovered he was not welcome and commenced the return trip to the coast. However the Chinese Communist seemed aggravated by his presence and he thought that they were anxious to have a remembrance of his visit, and so he traded a small amount of his blood in the snow for an equally small amount of Chinese shrapnel and the now famous North Korean frostbite. Later he was air evacuated out of Koto-Ri to Hamhung and then to the U.S. naval hospital in Yokosuka, Japan. From there he was transferred to Mare Island in California. Quite a trip for a native Pennsylvania Dutchmen."
But wait, there’s more. I wrote the follow-up story that went out over the Associated Press:
Former Marine Expelled for Life from the Marine Corps League. The National Hearing Board of the League held a lengthy hearing in Lewiston, Idaho, at the Red Lion Hotel, on April 1, 2006.
Two-hundred pages of documents were reported to have been gathered in an investigation prior to the Hearing. This was the first hearing in twelve years by the National Marine Corps League. Members conducting the hearing, “Findings of the Board” affirmed to Mr. Swisher:
“You have submitted record documents (DD214) found … to be a fraudulent … per the National Personnel Records Section, St. Louis, Missouri – Verdict: Guilty;”
“You did adorn Department of Defense Ribbons and Medals of which you were not awarded … Verdict: Guilty.” By a unanimous vote of the Hearing Board according to the MCL Administrative Procedures they declared that Mr. Swisher be “EXPELLED from the Marine Corps League for Life.”
National Personnel Records Center verified that Swisher was a fraud. PFC Swisher claims he took part in a “special expedition” after the Armistice was signed with Korea. The purpose, he stated, was to free American prisoners of war (POWs). The operation was “highly secret, classified,” he said. But upon investigation by the National Personnel Record Center, there was no evidence Swisher was involved in any classified operation. Swisher’s documents were altered (forged) according to the Record Center. Retired Marine Colonel Woodring, who was a captain at the time, confirmed that his signature on Swisher's DD214 was a forgery. Woodring had no authority to sign discharge documents.
Since Swisher would have been age 16 when the Armistice was signed in 1953, Swisher’s story was modified. He said he was selected for a special expeditionary force. Truth is, he was never in any combat situations. Because of his “heroism” under fire, having been wounded from a grenade etc. etc. etc. he maintained claim to “The Silver Star Medal,” “Purple Heart Medal,” “The Navy & Marine Commendation Medal with Gold Star” and other medals and Ribbons. However, according to the Personnel Record Center, Swisher is not entitled to any decorations. What is more, “The Commendation Medal” didn't even exist when Swisher claimed it.
Please watch this most elucidating brief film clip on " Stolen Valor", by going here.
Mr. Swisher served in the Marine Corps on active duty from 1954 to 1957. He was stationed at Camp Fuji (Japan) from March 4, 1955 until May 6, 1956. He had been demoted from corporal to PFC as a result of one of his three court marshals. He was in an auto accident in the State of Washington, thus giving rise to his injuries.
Because of his past “heroic” performance he endeared himself to other Marines who held him in high honor. He was elected as the Sergeant Major Linehan Detachment Commandant, was assisted by other well meaning members of the Detachment in getting “deserved benefits.” Once his fraudulent papers were in order, Swisher managed to obtain, at taxpayers expense – not only open heart surgery but – $30,000.00 back pay. Also the taxpayers are paying for his ongoing income stream of $2,500.00 per month.
In an affidavit of Ben S. Casey, one of the jurors at David’s trial, he said:
I was surprised that Mr. Swisher was allowed to tell such lies which created the impression that he would be a good hit man candidate based on having been a decorated combat veteran and having participated in secret post-Korean-War rescue operations. These lies discredit him as a witness and therefore discredit the rest of his testimony. I relied upon the credibility of Mr. Switcher when I cast my vote to convict Mr. Hinkson. If I had known that Mr. Switcher was not a credible witness, that he lied about having combat experience and was not entitled to wear a Purple Heart, I would not have the voted for a guilty verdict against Mr. Hinkson.
Returning to the Appellate Court situation with Attorney Dennis Riordan, he, in summary, said regarding the Tax Case that the “challenge to the structuring counts is irrefutable on in its legal merits.” In their lengthy delays, fancy footwork and doubletalk, the Federal Government actually concedes facts upon which David's claims rest. However, it’s a toss up who will be on the 3-judge panel. Our past experience is that judges now make up the laws as they see fit. (The Rule Of Law is gone in America, substituted by Black-Robed-Devils, who's chicanery, trickery ,and guile have no peer in modern times, the whim of such men now arbiter, judge and jury all rolled into one.)
But the evidence is overwhelming:
Swisher never served in Korea nor was he wounded there and has never received metals or commendations.
Swisher had obtained disability benefits falsely.
Swisher swore that he was an "old disabled veteran," and his disability was all caused by a hand grenade at the end of the Korean War.
The government informed the jury that Swisher was a combat veteran during the Korean conflict, that he was not adverse to this kind of violent activity.
With the Government's knowledge and acquiescence, Swisher wore a Purple Heart metal.
Swisher testified later, on cross-examination, that he had been in combat–not in Korea but–following the Korean War. He said his unit was engaged in combat to attempt to free POWs still in secret prisons camped in North Korea.
Swisher proffered a document that purported to validate not only the Purple Heart, but also four other commendations. This was the replacement DD214 he previously had used to illegally obtained disability benefits.
The government argued that the reasons Hinkson allegedly solicited Swisher was that Hinkson knew Swisher had previously committed similar offenses. The Government also argued that the exclusion of the proof of Swisher's criminal conduct was harmless as to whether Swisher lied or not. That, they said, "would not alter the fact that he solicited Swisher to kill the three Government agents."
The facts clearly demonstrated Swisher mounted to the witness stand intending to commit perjury and obstruction of justice.
The Government argues that Swisher's military record was irrelevant–all that matters was what he told Hinkson. But evidence law has long recognized that those two points are inextricably intertwined. Undermining the former also undermines the latter.
The Government learned of Swisher's fraud of receiving benefits obtained fraudulently through a forged DD214 while the trial was still in progress. If Swisher had admitted his lack of combat experience, he would stand to lose his disability payments and expose himself to prosecution for defrauding the Government.
The Government urge to jurors to find Swisher credible while withholding relevant facts about his military experience.
The Government urged the jury to convict on Swisher's charges based on his powerful testimony. Had to jurors learned that Swisher adorned himself with a fake Purple Heart, lied under oath and forged documents, the government would not have stood a prayer in gaining a conviction.
The only government witness who claims what Swisher said to Hinkson, was Swisher himself. Therefore any testimony by Swisher was highly material to the central issue.
The Government was obliged to inform jurors that Swisher had lied about his military record before it attempted to defend the credibility of its witness' remaining testimony. To correct due process violations caused by a witness' false testimony, the Government was required to inform the jury of falsity, rather than remain silent on issues in closing and to urge jurors to find David guilty but Swisher, the sole witness, credible.
The Trial Court's rulings prevented David from introducing evidence to establish that Swisher lied under oath and produce false documents to the jury that would decide David's guilt or innocence.
The Lower Court's misinterpretation of the Federal Rules of Evidence concerning exclusionary rulings constitutes abuse of its discretion.
The Government argued that a new trial was time barred.
The Government also ruled that evidence offered on a new trial motion was cumulative, inadequate and without merit.
The District Court's erroneous evidentiary rulings were of constitutional dimension and thus mandate reversal unless proven harmless beyond reasonable doubt. The error cannot possibly be deemed harmless.
The jury could not have decided Hinkson's intent unless the government proved beyond a reasonable doubt that Swisher was credible. The jury could not have made a decision on Swisher's credibility without considering the fact that Swisher had lied to law-enforcement officers–and on cross-examination having lied about his having killed in combat–of which he never experienced.
In the government's view, to deny David his sixth amendment rights does not matter because David is surely guilty of these charges. That's Orwellian logic of a totalitarian regime. David's Constitutional rights to a fair trial compelled the Government to eject their dangerously flawed contentions.
Yet the government contends that Hinkson would have been required to call several witnesses to vindicate the documents. In fact, no such witnesses would have been required. Under the law "No witnesses are needed to authenticate public records." The Government's own records prove that Swisher is a fraud. Not only when a man's life is at stake but Rule 403 allows exclusion of relevant evidence only if the evidence is substantially outweighed by considerations of waste of time.
The jury would have had a different impression of Swisher's credibility had the jury seen the defense's documents exposing the witness’ carefully crafted plan to deceive them.”
The American people are now engaged in a war. "We barricade our front door while enemies to our Constitution enter unobtrusively through the back door. If we fail to identify, expose and disable the pernicious enemies of our once great America, there will be no hope for any American in his/her lifetime.”
Please watch this most elucidating brief film clip on " Stolen Valor", by going here.
For more information on ADMAX and how to write David, go here.
The below links will also provide more detail concerning Davids case:
http://www.harpp.com/site/116/default.aspx
http://www.harpp.com/site/125/default.aspx