A cesspool of Judicial Corruption

FIVE the judge locks up david and throws away the key

Sentencing, although set for April 25, was postponed until June 3, 2005. To hopefully mitigate the severity of the punishment we brought new, exculpatory testimony to the Court. Judge Richard C. Tallman responded with an Order dated June 1, 2005, denying any new consideration–he knew all that he cared to know.

At sentencing, on June 3rd, in the same Federal building in the same courtroom, David, who suffered from a head injury with stitches on his head, was shackled both hands and feet. He had not slept that night, was exhausted and delirious. He took his seat behind the defense counsel table which supported a couple of monitors. Next to him sat his two lawyers and the prosecutors. The table was about 20 feet from the elevated judge's bench.

IRS Special Agent Steven Hines spoke and was followed with the government's closing argument. David presented his allocution statement for his own defense; it played like a broken record in his delirious mind–all night.

We, David and his family, envisioned that Tallman may possibly pronounce a severe sentence maybe as much as ten years, but we were hoping for three years or less because of the perjured, questionable testimony of the sole, so-called "witness," Elven Joe Swisher.

The Judge (who had shaved off his beard before sentencing) read for nearly two hours from his notebook, tap-dancing around all of the cases he had reviewed–but he totally ignored the Constitution. We sat patiently.

Tallman's demeanor was quite affable. He came across as an honorable judge who was only following the law and would rule reasonably and justly. Judge Tallman then said:

"Defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a total term of 516 months [43 years]."

As Tallman's words rang out, David stood up; and as his attorney, Wesley Hoyt, who sat next to him observed, "David collapsed. His body fell across the table knocking a TV monitor to the floor." Guards instantly subdue him and dragged him out the side door as David hollered at Judge Tallman, "I hope you die of cancer, you son of a bitch,"

Of course, this was a great opportunity for the government to accuse David of attempting to add Tallman to his "hit list." Probably if David could have catapulted Tallman into space, he would have done so–gleefully. But unfortunately, a gang of marshals shackled and constrained David as they dragged him out of the courtroom.

In the "Criminal Proceedings Document" (filed June 3, 2005) the Court published its spin on the incident:
. . . [The] Court spoke as to the applicable sentencing factors and then began to impose the sentence at which time the defendant Mr. David Roland Hinkson erupted in the courtroom and tried to rush the judge's bench, knocking over a television monitor and water pitcher on defense counsel's table before deputy marshals could restrain him. After United States marshals were able to contain Mr. Hinkson, he was escorted out of the courtroom into a detention cell.
Proudly they succeeded in restraining Superman, who could leap over tables, tall buildings and outrun speeding trains. David was taken to a holding cell but later brought back to conclude sentencing. He remained silent. When sentencing resumed, Tallman declared,

"The Court recommends that the Defendant be placed in the maximum security facility at Florence, Colorado. Monetary penalties include a $100,000.00 fine–due immediately. A Special Assessment of $2,435.00 is due immediately, plus $300.00 Special Assessment with another $720 due immediately, and finally $135,000.00 in U.S. currency as previously ordered."

Tallman is about three years older than David. He graduated from Northwestern Law School. After serving as a law clerk for Judge Morell E. Sharp of the United States District Court for the Western District of Washington he worked from 1979 to 1980 as a trial attorney (prosecutor) in the General Litigation and Legal Advice Section of the Criminal Division at the U.S. Department of Justice in Seattle, Washington.

Former President Bill Clinton, in May of 2000, appointed him to the Ninth Circuit Court of Appeals along with a pack of last minute political appointees before Clinton left office. He was an associate and partner at Schweppe, Krug & Tausend from 1983 to 1989. From1990 until 1999, he was chairman of the white-collar criminal defense practice group at the former Bogle and Gates law firm. After that Firm closed on March 31, 1999, Tallman formed the firm Tallman & Severin and then went to the Ninth Circuit as a judge.

His associations and experience as a prosecutor hardly made him an open minded, unbiased evaluator of truth and justice. As a former prosecutor, without any experience as lower court judge, he soared to the appellate court bench. Because of his close association with the prosecutors at the Department of Justice and lack of experience as a judge, we dubbed Tallman as "The Black-robed Prosecutor."

Tallman had no doubt that David was rolling in money stashed in foreign banks worldwide. Throughout the trial, there was reference to David's great wealth. By recommending the SuperMax facility in Florence, Colorado, he was able to assure that David would suffer the most sever confinement available in the United States. The government will now silence David forever, and no one will ever hear his name again.

Because I'm David's father, I probably know my son better than anyone knows him, and I was in close, continual contact with him. I had been on the phone with David during a great deal of the time while these unbelievable accusations were germinating and sprouting.

I told David, "Don't worry, Dave, no intelligent juror would believe this non-sense." Until I sat through his trial, I had believed that justice would, in fact, prevail. But by time Judge Tallman sentenced David I lost all respect for our Justice System here in the United States of America. I personally witnessed a Kangaroo court in full swing. Since I knew the full story, how Tallman had lied and abused his discretion, how the prosecutors had lied, how the greedy accusers had conspired with government agents my respect for our Justice System plummeted.

I had lived under the misconception that jurors would learn all the facts so they could make a reasoned and just determination. Although not appointed as County Judge, I had the recommendation of my former governor and congressman. Now I understand how they play the game. My personal experience during the time I spent in law school (University of Utah, 1957-58) convinced me that our legal system worked. I honored and respected the American legal community.

I still believe that most citizens are conscientious about wanting to see justice prevail. Yet with smoke and mirrors our masters can and do manipulate jurors into believing nearly anything. But until our Constitution is totally insignificant or dead, a single juror can, in truth, stop this type of tyranny. Regardless of instructions from a judge, even one juror can, constitutionally, HANG THE JURY merely by voting for an acquittal.

Now that this man, Judge Tallman, chose to destroy David's life by denying him a fair, constitutional and just trial, what were we to expect would happen? But how will they treat David while we continue to battle for justice?