A cesspool of Judicial Corruption

TWENTY-FIVE swisher gets convicted

Joe Volk called me with the news he just heard. The news was worth making the two thousand mile roundtrip. A hearing was to take place by the National Hearing Board of the Marine Corps League at the Red Lion Hotel on April 1, 2006. This was the first hearing in twelve years by the National Marine Corps League.

Former marines in full dress packed the Red Lion lobby. Faye and I milled around observing and eavesdropping where ever we could. No un-authorized personnel were allowed in the meeting room–we weren't authorized. However, we got periodic reports throughout the day. The hearing lasted over eleven hours.

Members conducting the hearing flew in from eastern cities (Washington D.C. Florida and Pennsylvania). The National MCL had gathered over two-hundred pages of documents prior to the Hearing. Numerous other former United States Marines from various locations attended–possibly as many as one hundred.

Late in the hearing, Swisher heading for the men's room walked past me and Faye. When he walked past us, he prominently displayed on his black leather jacket his Purple Heart pin. But when he came out of the men's room, there was no pin attached.

On April 8, 2006, National Judge Advocate Vic Voltaggio sent an official letter to Mr. Swisher affirming the findings of the Board:

"(1) You have submitted for the record documents (DD214) found … to be a fraudulent … per the National Personnel Records Section St. Louis Missouri: Verdict–Guilty;

"(2) You did adorn Department of Defense Ribbons and Medals of which you were not awarded … Verdict–Guilty."

"Pending an opportunity to appeal, the National MCL would notify Swisher of the verdict at a later date. The verdict: By a unanimous vote of the Hearing Board according to the MCL Administrative Procedures [declared that Mr. Swisher be] “EXPELLED from the Marine Corps League for Life.”
Subsequently the Purple Heart Organization, VFW etc. threw him out of their flocks. He had dishonored all service personnel past and present in America.

However, having America know that he is a cheat and fraud didn't set well with Swisher. He clung to the story he'd been telling for so long. Now he'll show not only Faye and me, Wes Hoyt, Joe Volk, Greg Towerton and Don Harkins (now deceased) of the Idaho Observer, but everyone involved in his exposure.

In the April, 2006 edition of The Idaho Observer, Don Harkins ran my story of Swisher’s banishment with a lead in by Don Harkins. Don, the editor, published the following:
After the article was published, Swisher sued [for $5,000,000] a large class of people [including the U.S. Marine Corps–a total of 26 entities–alleging libel, slander and defamation; included in that class was Roland Hinkson, Harkins, David's attorney, Wesley Hoyt, and members of the Marine Corps League.

Last year, Judge Edward Lodge dismissed most of the allegations and most of the defendants. But, he allowed Swisher to proceed with the defamation suit against Roland Hinkson, Hoyt and Harkins.

Swisher’s claim against Harkins was his comment in the lead wherein he refers to Swisher as "a pathological liar." It would appear that a federal prosecutor, a federal jury and a federal judge have entered a verdict supporting Harkins’ contention by finding Swisher guilty on all counts of living a lie, accepting benefits and wearing false honors for decades.
The Federal Department of Justice ignored our persistent pleas until Wes Hoyt enlisted the aid of a friend working in a strategic level of the Bush Administration. Only then, without ado, was there action; and Swisher was indicted for four of his many crimes.

The Marine Corps News (on September 16, 2007) published an article about “Five Fakers.” The fifth was E. Joe Swisher from Cottonwood, Idaho: "The lie,” the News reported, was that “Swisher claimed he was a Korean War hero who took part in highly classified, secret missions to free U.S. prisoners of war. He claimed to have earned the Silver Star, Purple Heart, Navy and Marine Corps Medal with Gold Star, and Navy and Marine Corps Commendation Medal with Bronze ‘V.’”

Two years and two day later, on April 8, 2008, The Idaho Observer published the following article:

The two-day trial of Elvin Joe Swisher concluded today with the jury’s guilty verdict on all counts of defrauding the Veterans Administration of hundreds of thousands of dollars and Theft of Valor, claiming Swisher had no right to wear US military awards and medals.

The unanimous verdict in Judge Lynn Winmill’s Idaho District Federal Court also proves that Swisher perjured himself in the 2005 murder-for-hire case of David R. Hinkson, of Grangeville. As the government’s chief witness against Hinkson, whom Swisher claimed attempted to hire him to kill two federal agents and a federal judge in 2004, Swisher presented the court with documents proving he was a combat veteran from the Korean War Era—the same documents that are now known forgeries.

It was Judge Winmill who initially signed the arrest warrant without an attached affidavit and ordered David held for over a year in jail. He later recused himself and got a promotion up the ladder.

Swisher, who in the 2005 Hinkson case, testified of his own courage and that he was entitled to wear the Purple Heart and a double award of the Bronze Star for exceptional bravery, testified yesterday of his own cowardice and that it was the affair with the "old lady" of his commanding officer which caused him to be court-martialed.

The trial that concluded in Boise today showed overwhelming evidence that Swisher was never involved in combat, never went to Korea and that his claims of valor were completely false and fraudulent.

In the earlier case, Swisher testified Hinkson wanted Swisher to murder three federal officials because Swisher’s was supposedly experienced in killing people from his military career, and because, as Swisher said, he had killed so many people in combat. "As it turns out, all of this was a lie," said Wesley W. Hoyt, attorney for Hinkson. "Worse than the lying was the U.S. government’s complicity in Swisher’s perjury in the 2005 Hinkson case," commented Hoyt.

In January 2005, Swisher fooled Federal Judge Richard Tallman and a jury of 12 Idaho citizens with his false and sometimes salacious accusations against Hinkson. At issue was a charge that Hinkson supposedly solicited Swisher as a hit man to murder selected government officials. Instead of solicitation, Swisher used his imagination to create a murder-for-hire fiction that never occurred in order to put Hinkson in prison.

Swisher had previously demanded that Hinkson sign over one-half of his WaterOz business to Swisher or he promised he would testify against Hinkson and see him "rot in jail for the rest of his life" explained Hoyt. "In the Hinkson case, the Judge would not allow the jury to hear about Swisher’s forged documents or Swisher’s plot to put Hinkson in prison for the rest of his life."

In June 2005, at Hinkson’s sentencing hearing, because Judge Tallman was incensed that anyone might threaten the lives of federal workers, he made an example out of Hinkson by giving him the maximum sentence. Hinkson has been in jail/prison since 2004, facing a total of 43 years in solitary confinement in maximum security at Florence, Colorado, branded as a terrorist. "The fact of the matter is that Hinkson never threatened or solicited anyone," said Hoyt, "It never happened. But, because of the pride of the government officials, another innocent man has been rotting in jail for years."

The U.S. Attorney’s office allowed itself to become embroiled in Swisher’s lies, and used Swisher as their confidential informant against Hinkson–they knew Swisher’s heroism awards were fraudulent and his government documents were forged.

"As an example of the arrogance of the U.S. attorneys," Hoyt pointed out when asked why he did not disclose the nature of the forged documents, for David’s defense, to counsel in advance of the 2005 Swisher testimony, as required by law, U.S. Attorney Michael Sullivan, of the Anti-Terrorism Unit of the U.S. Attorney’s Office in Washington DC, said:

"Why should I?"

"The reason why is because that was his job; and that was the law, and U.S. attorneys are not above the law. The U.S. attorneys in the Hinkson case need to be investigated for vindictive prosecution," said Hoyt.

Hoyt, an attorney of Clearwater, Idaho, said of his client "he never had a chance. The deck was stacked against him from the beginning. Everyone on the government side hated Hinkson because he was branded a tax protestor. At the time, Swisher alleged Hinkson was soliciting him to murder three feds [but] Hinkson was suing.

Swisher is scheduled for sentencing June 26, 2008. He faces up to 20 years in prison.

Note: For those who have been concerned about Dave Hinkson, he has been in maximum security and in solitary confinement most of the last four years. At first doing time under those circumstances had been extremely difficult for him, as it would be for anyone. But, he has had nonstop support from his family and a close circle of friends. That, combined with his cases moving forward with a hopeful glimmer here and there, he has been doing much better of late, according to his father. He kept his brilliant mind occupied, he has been productive and his outlook is positive. The Swisher's conviction has brought on a new wave of hope that his release is inevitable—it’s only a matter of time now.

In summary, Swisher's conviction resulted on all charges against him from: (1) wearing unauthorized medals, (2) perjury by making false statements, (3) forgery by falsifying his discharge documents and (4) theft by receiving veterans’ benefits without entitlement. He was represented by two lawyers–M. Lynn Dunlap and Brit Groom. Yes, the same Groom who represented David and with his assistant, Rich Bellon.

Swisher had another lawsuit already prepared against me before the government convicted him. He was so confident he would win that he mailed it an hour before the Jury returned with his guilty verdict.

But since the government convicted Swisher, he got a new attorney, Chris Bugbee of Spokane, Washington, to execute an innovative strategy: he accused Britt Groom and M. Lynn Dunlap, his former trial attorneys, of negligence or conspiracy.

Swisher testified in an affidavit, "I was enormously dismayed to learn only a few weeks before my criminal trial that both documents [the phony DD-214 and the Woodring letter–with the forged signature] had disappeared from the safe in Mr. Gloom's office with no explanation." He said that he and Groom agreed for Groom to keep possession of documents." Again grabbing at straws, Swisher just couldn't admit his fraud.

But how could he? He would be denouncing his entire being.

He then claimed that Groom held Original DD-214 in safekeeping. "Nevertheless," he said, "I was assured by my lead attorney, M. Lynn Dunlap, that Mr. Groom would be called as a witness in my criminal trial to testify [to] the authenticity and existence of both."

Finally, after a long time-consuming and expensive road, Elven Joe Swisher was arrested (July 2007) and was convicted on all four counts on April 9, 2008. But still, after postponement, he awaited sentencing (originally scheduled for March 31, 2008, but was postponed until September 29, 2008).

The Marine Corps Times listed Swisher as one of the "Five newly exposed fakers … He could face up to 20 years and 6 months in prison along with a $755,000 fine….." Yet, what he actually got was a slap on the wrist and a few hundred dollars fine.