A cesspool of Judicial Corruption

THIRTY-TWO government's crimes and recommended punishment

David's attorney, Wesley Hoyt, in his early career had served in Idaho County for four years as an assistant prosecuting attorney about the time Richard Tallman was a law student. In his exhibit to the court, he presented to Judge Tallman, who should have learned the basics of law, a "Statement of Facts to Dismiss [the] Entire Case" based on PROSECUTORIAL MISCONDUCT, OUTRAGEOUS GOVERNMENTAL CONDUCT AND VINDICTIVE PROSECUTION. He wrote:

A prosecutor’s job is first to see that justice is done. The prosecutors in this case have been focused solely on obtaining convictions at any cost, even at the expense of compromising their own integrity and participating in violation of the very laws they are sworn to enforce.

Swisher, a government informant, who declared he was just repeating what Mr. Hinkson had said to him, out of court (i.e., hearsay), was allowed to recite the details of a request for a torture-murder that he claimed was Mr. Hinkson’s plan for the deaths of three federal officials. These were "hearsay" statements that were supposedly made by Mr. Hinkson and were admissible because of a technicality in the rules of evidence. Generally, a person is not allowed to repeat what another person said out-of-court or "hearsay, "which is excluded from the evidence at trial.

However, because of an accepted deviation from the general rule (known as the Admission by Party-opponent rule–Federal Rules of Evidence, Rule 801(d)(2))–Swisher, was allowed to spew forth a litany of false and fraudulent statements about Mr. Hinkson. They were unchecked–made up by him–concerning the supposed "solicitations for murder" of these federal officials purportedly requested by Mr. Hinkson. There are no rules of evidence that prevent a liar from making such wild claims, especially a liar who has the skill and finesse of Swisher.

Ironically, Swisher was able to present these lies to the jury with impunity. Only a proper investigation by prosecutors, motivated to do justice, could possibly have prevent this kind of travesty. Here, in spite of strong indications that Swisher was lying, rather than looking into the military record of Swisher to be certain that it was correct and not a forgery, the prosecutors, whose only motivation was obtaining a conviction, ignored their duty to investigate. Yet a prosecutor has a special duty to prevent and disclose frauds upon the court and to guard against due process violations caused by false testimony.

Former Congressman Robert E. Bauman JD (from Maryland), explained in a publication that there is a rule (Rule IV) know by insiders; it is, "Almost all police lie about whether they violated the Constitution in order to convict "guilty defendants." Perjury is the most widespread form of police wrongdoing. He noted that it even has a well-known nickname among the court house "cognoscenti–TESTILYING."

Recognition of the widespread corruption prompted a bill (HR 4276, August 31, 1998) to be considered in the 105th Congress, 2d Session. Part of it was to establish ethical standards for Federal prosecutors. This Bill never made it into law, unless I have just failed to discover it. However, it would have corrected serious abuses by law enforcement officials.

It provided under SEC. 821 (a) VIOLATIONS:

The Attorney General shall establish, by plain rule, that it shall be punishable conduct for any Department of Justice employee to violate any of these provisions:

(1) in the absence of probable cause [to] seek the indictment of any person;

(2) fail promptly to release information that would exonerate a person under indictment;

(3) intentionally mislead a court as to the guilt of any person;

(4) intentionally or knowingly misstate evidence;

(5) intentionally or knowingly alter evidence;

(6) attempt to influence or color a witness' testimony;

(7) act to frustrate or impede a defendant's right to discovery;

(8) offer or provide sexual activities to any government witness or potential witness;

(9) leak or otherwise improperly disseminate information to any person during an investigation or

(10) ingage in conduct that discredits the Department.

The Attorney General shall establish penalties for engaging in conduct described in subsection (a) that shall include–

(1) probation; (2) demotion; (3) dismissal; (4) referral of ethical charges to the Bar; (5) loss of pension or other retirement benefits; (6) suspension from employment; and (7) referral of the allegations, if appropriate, to a grand jury for possible criminal prosecution.

The problem is that the "Good Ol' Boy" syndrome is at work here. No one who attacks the "System" will prevail. The corruption within the "out-of-control government" is well entrenched. It is no longer a question of whether you live an honorable life; rather it's a question of how well you are connected.

Whether all the Federal participants in this case believed that they were doing right does not mitigate the ultimate damage to my son, David Hinkson. Regardless, at the hands of United States Deputy Marshal David Meyer, he cast our son back into his dungeon-like cell at Ada County jail awaiting transport to the ultimate dungeon: SUPERMAX (ADX) in Florence, Colorado.

We got to talk to David–on June 7th, 2005, but the next day he boarded a prisoner plane bound for Oklahoma. As far as we knew he was off the Planet–until we got a call from him on June 23rd; he was allow one 15 minute call.

In spite of all the depressing events, I wrote to David letting him know that I'm proud of him for his strength and honor, that he is truly a man of conviction and stature. I wrote to him while he was in solitary confinement:

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.

Attorney Wes Hoyt sums up the case in his own words and tell why each of us must now watch our backs–not as much from ordinary crooks, but from government.