WHY DO WE HAVE "REASONABLE DOUBT".

Allegations that the State had suppressed exculpatory evidence–reinvestigate

The testimony of the State Medical Examiner regarding non-performance of autopsy examination – find reasoning behind it.

Time of death of the victims. -?

Any other suspects?

Inefficiency of defense and lack of Motion for Discovery. [The defense attorney relied on the DA's open files]

Lack of medical examination of Patrick immediately after arrest. /Black-out/

Psychiatric evaluation of Patrick. ? [These records were destroyed by the psychiatrist - see letter to Patrick from the psychiatrist himself]

Mike Campbell and his relationship with victims – reinvestigate. His arrest records?

Ronnie Pate. – Investigate his records, drug connections etc.

Patrick’s Police reports and/or eventual drug ring investigation reports. Internal Affairs reports?

Lab tests of projectiles v. lab test of the 22 barrel.

Evidence of Betty and Ronnie Pate involvement in sexual intercourse. Vaginal swabs, DNA, etc. Any lab tests? If yes – what were the results.

Was there a paraffin test done on Patrick hands after the shooting. Results./?/ [we now have this]

Gun powder residue test of Patrick’s clothing? [we now have this]

Forensic tests of the window glass holes; Entry or exit?

Blood spatters.-? Forensic lab discoveries?

Shoddy police Investigative Team’s work at the CS. – Is it the usual procedure?

THE NIGHT OF THE SHOOTING

On the night of December 10, 1987, Betty Snow Swiney and Ronald Pate were shot to death in the home of Betty and Patrick Swiney.

Two nights before the shooting, Patrick and Betty had an argument. It was primarily over her son who was growing marijuana in the house. Patrick had been bugging her for weeks to tell her son to get it out of the house. Finally he told her that he didn't get the stuff out of the house, he was going to call the police. Betty flipped out over this and threw Patrick out of the house, including all his belongings. He drove to his mother's house and stayed there that night. The next day, he returned to pick up the rest of his things. These items included a clock radio, his AR7 .22 semi-automatic rifle and a couple other things. He placed them all in the front of the truck and returned to his mother's house. That night, he realized that in all the commotion, he had not fed the dogs. Betty had given him one of dogs for his birthday in October. A cute little Beagle, Patrick's all time favorite dog. He says it's because they are so smart.

Patrick's mother told me that he got all dressed nice and clean and neat that night and said he was going over there to feed the dogs. He was sober. No one is allowed in her house if they've been drinking, even today. Patrick said he went to three taverns and drank less than ˝ a beer at each, which is highly unusual. He said he went to the taverns where he knew Betty could find him. He was making himself available for her, hoping she would show up.

At the trial, the defense attorney told Patrick that the DA said he was prepared to put an officer on the stand who would testify that he saw Patrick sitting across the street for 1-1/2 hours before the shooting, stalking the house. The defense attorney advised Patrick to take a plea bargain of regular life and Patrick said no because he wasn't guilty of murder. The DA didn't put the alleged officer on the stand.

When Betty didn't show up at any of the taverns, Patrick left to go feed the dogs, deciding not to even let Betty know he'd been there. When he drove by the house earlier that day, there were two vehicles in the yard. When he drove up to the house to feed the dogs, he could see only Betty's vehicle in the yard. He parked his truck, walked across the yard and looked into the window. He saw Betty and a man [Ronnie Pate] in passionate embrace and fondling. That's the last thing he remembers. At that moment, he became unconscious from a severe blow to the back of his head. When he came to, he was inside the house.

The rifle that had been in his truck when he looked through the window, was now in his hand. Well, not "in" his hand. The tip of the barrel was being held by his fingertips. He looked and saw the bodies lying on the floor, then felt the barrel in his hand. He was confused, but he immediately summoned help.

He told the police -- most of which were former colleagues -- that he had no idea what happened, that he was unconscious during the shootings, that his head felt like someone had hit him with a baseball bat. He was still in a daze but the police did not elect to send Patrick to the hospital for treatment. He was the one and only suspect and was taken in for questioning.

Here is a letter from Patrick's sister who was questioned by the police:

Letter (1)

20 January 2000

Mr. Don Siegleman

Governor of Alabama

600 Dexter Avenue

Montgomery, AL 36104

Dear Governor:

I am Patrick Swiney's elder sister. As of this writing, Patrick is 55 years old. I am retired and living on disability. I try to carry our mother to visit him in prison every couple of months if possible. Each year it becomes more and more difficult to make the long drive to Atmore. I live in Alabaster, Alabama, in the house where my brother was born. He never was a transient, so when Mike Campbell told the judge Patrick was a transient, to raise the bond, it was a lie.

I know many of the people who were involved in my brother's trial. I recently saw the hand-written police report by Lt. Stanley Oliver and was shocked at what I read. Stanley Oliver is my nephew [my deceased husband's nephew]. Stanley has done a lot of good things for me and my family. For the life of me, I don't understand why he lied about what I told him on the night of the shootings. I never saw his report until just a few months ago.

I was unable to set that record straight during the trial because, though I was subpoenaed, I was never called to testify. I never told Stanley Oliver or any other police officer that my brother told me he "did it."

Yet the police reports say this is what I told them [see attached]. There are other anomalies in the police reports but I never knew about them until just recently. As sad as it was that night, especially for my brother, I think the police could have done a better job at reporting things accurately.

For one thing, our mother and I are not the only ones who saw Patrick's condition when he first told us of the shooting. My brother was in a state of shock. Our friend, Jerry Mead was at my house when Patrick arrived to have me call 911. Jerry also went to the crime scene with us, but Jerry's name isn't mentioned in any of the police reports I saw. I don't know why Jerry was never interviewed or deposed. He was never called to testify in the trial either. I don't understand this because Jerry could have told the jury how stunned and "out of it" my brother was, like maybe he was hit over the head to make him unconscious.

I guess we'll never know for sure, but I do know one thing: my brother does not lie. Anyone will tell you that Patrick Swiney will tell the truth even if it means he'll get into trouble for it.

I know what it feels like to be a victim of violent crime. My husband was murdered by two black men in Birmingham, Alabama. But even as a victim, I only wanted the guilty people to be punished. I would hope that if Nell Snow knew the whole truth she would also seek freedom for my brother. But with Mike Campbell being so close to the Snow family, and with him in a position to manipulate the law like he has, I seriously doubt Nell will ever really know what happened to her daughter.

My brother was the only suspect. Therefore, everyone assumed he did the shooting. We all thought this even before the trial ever started - everyone: the family, jury and newspapers just figured he did this. And, to make matters worse, Patrick didn't know because he was unconscious, so he couldn't say for sure. For that reason, he was willing to take responsibility.

My cousin, Mickey Johnson who is an attorney, told my mother and I how he was in the judge's chambers when the judge said the most they had was manslaughter. Mickey was going to represent Patrick at the trial but changed his mind at the last minute because he was worried that his own personal reputation might hurt Patrick. Mickey is also first cousin to Mike Campbell, the D.A. After Mickey changed his mind, our mother hired Dick Bell because she thought Dick and Patrick were friends, since they had worked together for two years. Patrick didn't know anything about the decision to hire Dick Bell until after all the fees had been paid, and my mother didn't know that Dick Bell was primarily a divorce attorney.

One thing I do know. Patrick didn't hunt them down like Mike Campbell said he did, and Patrick tried his best to get help as soon as he saw them shot. I know, because I was there when he asked for help. He was so shaken up over the shootings, he was white as a ghost, so much so that I swear, if someone had cut him with a knife that night, I bet he would not have even bled. He was in a daze and he stayed that way for a long while after he was arrested and before he was bonded out. Everyone ignored him when he said he'd been hit over the head with a baseball bat. I'll never understand why the police didn't send him to the hospital for examination to make sure he was all right.

If my brother shot Betty and Ronnie Pate, then it wasn't on purpose. And I think he has served more punishment already than was fair. But I have recently seen the State's forensic reports that say he wasn't the one who did the shooting, plus the police reports that are not accurate, so now I'm wondering what is going on.

I'm told that the forensic reports were never shown during the trial [I don't know because I was not allowed to hear anything that went on at trial because of being subpoenaed]. But if these forensic reports were never shown to the jury, then this was far from a fair trial and it makes me think further that Mike Campbell had a lot to hide that I had not considered before because I didn't know about these things before. It also makes me feel certain that I was never called to testify just to keep me quiet.

Based on all of this, I ask you to do whatever is necessary to free my brother from prison once and for all. Free him without prejudice so he may not be called to trial again. After all he's gone through, he and our family deserve some peace for a change. We've all been in hell for 11 years for something my brother didn't do. Where's the justice in that?

Sincerely yours,

Robbie Carter

P.O. Box 156

Alabaster, AL 35007