Calling all lawyers, part 345,332
Elven J. Swisher wore a replica of a Purple Heart on the witness stand when he testified that the defendant had tried to hire him to kill three federal officials.
Asked about the medal, Mr. Swisher pulled a document from his pocket to show that he was entitled to it and many others for his service in combat in the Korean War.
Mr. Swisher said the defendant, David R. Hinkson, an armchair constitutionalist with eccentric views about the tax code, had asked him how many men he had killed. “Too many,” Mr. Swisher recalled saying.
All lies. Mr. Swisher had never seen combat, had killed no one and had served without distinction. The document was a forgery. Mr. Swisher has since been convicted of lying to federal officials, wearing fake medals and defrauding the Department of Veterans Affairs of benefits for combat injuries.
The Korean War Veterans Association filed an Amicus Brief written by lawyer/purple heart recipient John Keker on the case. If someone could find that Amicus and send it to me, I would be very grateful.
Category: Politics
I got nothing. Westlaw only has briefs for appellant/appellee as far as I can find.
Reading the opinion though is maddening. Defense counsel knew at least three months prior to trial that Swisher was going to be a key witness and was going to cite his combat experience as an important part of his testimony and knew (or damn well should have noticed) that Swisher was 16 years old when the Korean War ENDED, but he didn’t raise these issues with the court until after his first cross-examination. He then got to re-open cross and ask Swisher about the purple heart he was wearing:
“Swisher testified he was wearing “a Purple Heart medal” awarded to him by the United States government, and that he served in combat “following” the Korean War on classified missions to free prisoners of war held in secret North Korean prison camps.”
Then the guy whipped out a phony “Replacement DD-214” dated 1957 ON THE STAND and the court bought it and told the jury to disregard all the questions impeaching his military service (as though such a thing is possible when defense counsel has just been roundly embarrassed). When they finally did get a letter from NPRC telling them that the “Replacement DD-214” form didn’t even exist in 1957, and a copy of Swisher’s military records, the court begged off and said the records were too hard to read to tell if Swisher was lying.
I hate to see a dude stay in jail on the testimony of a proven and calculating liar, but seems to me his attorney could have avoided this mess if he’d done his homework a little sooner on the prosecution’s key witness.
Ask, and ye shall receive. Brief on the way. Haven’t had a chance to read it, but will try tonight.
so you can go to jail for lying to federal officers, forging documents that you earned medals etc. but somehow Stolen Valor is unconstitutional? Someone explain this to me.
In the same way, Doc, that you can go to jail for impersonating a congress-critter, or a doctor, or judge, or police officer or fire-fighter, but Stolen Valor? Meh, no biggie, according to several judges.
But, this case is a shining example, as Scott pointed out. Unless the defense attorney was a one person operation, even an intern could have had all of this info on Swisher, before he testified.
I am so sick to death of activist judging! I feel like they stick their finger in the air see which way the wind is blowing and shred the Constitution with the other hand