A cesspool of Judicial Corruption

TWENTY-FOUR daughter describes swisher as a sociopath

On December 7, 2008, I received a letter from Joe Swisher's daughter, Cheryl; she had seen my article on my website:

Mr. Hinkson, 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. . . . I'm very sorry about your son. Cheryl.

I responded:
Dear Cheryl, Thank you so much for your honor and strength as displayed in your letter.  . . . I would like to share your letter with others, but I certainly can understand any reluctance.  Your statement could help add credibility to all the evidence we've worked to acquire.  I have enough material to write an entire book about Joe. . . . The government still wants to reward Joe if possible.  I would like to send your letter to the sentencing judge before December 12th, if you'll permit me.  Regardless, thanks so much.  Roland

I got an immediate reply:

Hi Roland, 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.  

The first time Cheryl and her sisters told their stepmother about Swisher's behavior, they and her stepmother were punished brutally. She said: "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. So much fear."

She said that "Prior to forcing the issue for the second time with my stepmother–in an attempt to make the incest stop–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 [and] promise never to 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 did not have the means to afford counseling, I looked into filing a civil suit against him, to help defray these costs. But 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 incest 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.

Most of Joe's children, adopted or otherwise, have changed their surnames in an attempt to distance ourselves as far from him as possible.  My older brother not only changed his name but that of his entire family.  None of us has contact with him with the exception perhaps of my younger half-brother.  The strain of the emotional havoc we all went through and subsequent attempts to heal have distanced us siblings from each other, but I know that my younger brother also was deeply hurt and betrayed by our father and is also not close to him.  I have been told that my brother's wife has forbidden any potential children from ever being alone with Joe–a wise move.

I know also that at one point my father, who has a background in social work of some kind, was acting in a counseling type capacity at one of the churches in Cottonwood, Idaho.  . . . My stepmother was approached by a young girl, and her mother stated that Joe had molested her and [was] looking for some help in getting through it.  My stepmother told me that she tried to get them to press charges, but the girl's mother felt strongly that she could not press charges in any capacity related to the church.

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.

I do not know you or your son; and again, I am so sorry for your pain and loss.  I have no idea what the truth is in your case, but I do know that my father has a long pattern, a lifetime, of destroying others to get what he wants as well as classic "delusions of grandeur;" so I have absolutely no doubt that he is at work in your life as well.

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 antisocial 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 has caused more than enough suffering for a lifetime.

I wish you and your son and family the best, and please let me know if I can help further.

Cheryl
In spite of Judge Winmill receiving Cheryl's plea for justice, we ourselves were shocked and dismayed to learn that he only slapped Swisher's wrists. Compare how, based solely on Swisher's lies and perjury, David went to solitary confinement in the most sever prison in the United States.

On January 6, 2009, The Lewiston Tribune Online published the following article:
BOISE - Cottonwood resident 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.

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.

Swisher was known in recent years in the area as a spokesman for the Marine Corps League, Sergeant Major Linehan Detachment. He served two terms as commandant.

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.

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.

Swisher also was ordered to serve three years on supervised probation after his release and not to possess firearms or other weapons. His benefits are to be turned over to the court to pay all assessments and restitution. He also was ordered to provide financial information to his probation officer, to submit himself and his residence and vehicle to searches and to undergo mental health treatment.

Swisher went to Terminal Island federal prison on March 4, 2009, and sought within three weeks an "Emergency Motion for Proper Medical Care." He wants a hospital bed. He thanks the Court (Judge Winmill) for trying to insure his well being (to make him comfortable).

However, Swisher complains that he needs to sleep in a semi-upright position, and that he suffers from sleep apnea and a deviated septum. Also suffers from acid reflux disease when lying in a prone position. He complains that his throat burns, inflammation of the throat, causing him to gasp for air. He wants shoulder surgery and claims to have severe back problems. He complains that he's not getting the same prescribed meds that he's used to getting. He also complains that he guards took him to the dentist at the time he had an appointment with his lawyer. He complains further that if not given a prescribed hospital bed or recliner, he fears he will suffer permanent damages which could include stroke, physical and/or brain damage or worse. He complains that it was wrong to send him the Terminal Island, California, prison facility because they can't handle his medical needs.

The staff put Swisher in a cell for suicide watch on March 25, 2009, and he remained there under watch for 21 hours. He put his mattress on the floor against the wall so he could rest. A supervisor told him that he could not put mattress on the floor but could roll up the mattress on the "cold, solid-metal bunk bed and lean against it." At home, Swisher says he has a hospital bed and recliner to assist him to sleep in a semi-upright position; he would like to bring it to the prison.

He didn't mind propelling David into a dungeon to sleep on an inch thick mattress on concrete in solitude for 15,600 days, but he pleaded for mercy when he spent 21 days in a even nicer environment. Yet, I learned that he went to a halfway house in Coeur d' Alene, Idaho, after two months at Terminal Island.

Don't underestimate Swishers' creativity. His biggest failure is that he thinks everybody is stupid. A glib tongue and wild fantasies may fool many but not everyone.