Connie Larue of Washington state took us up on our invitation to contact Rep. Goodlatte (R-VA) and urge him and the House Judiciary Committee to investigate the criminal activity of Judge Tallman re. the David Hinkson case. However, she has been told every excuse the bureaucratic office helpers can come up with from “You are not a constituent” to “Your letter was too long for consideration.”` Many others have received nothing but frustration, and we are yet to see the first acknowledgement that Rep. Goodlatte has even been made aware of the criminal corruption surrounding the David Hinkson case. His cage needs more rattling.
9 December 2014
Congressman Bob Goodlatte
Chairman of the House Judiciary Committee
I am writing to you, Congressman Goodlatte, because you are not simply a Congressman from one district from one state, but you represent the entire nation as the Chairman of the extremely powerful and prestigious House Judiciary Committee.
“What will it take for you, Congressman Goodlatte, to start an investigation into the atrocities that our federal government and judiciary have committed against one David Hinkson, an honorable man, an inventor, a radio-talk-show host? In case you are not familiar with this story, let me briefly explain it to you.
Mr. Hinkson was charged (due to the proven lies of a government informant, Elven Joe Swisher) with murder solicitation. Judge Richard C. Tallman conducted David’s sham trial in 2005, sentencing the then 49-year-old Hinkson to what amounts to a life sentence – or death by time. Judge Tallman withheld crucial evidence from the jury– a passport showing Mr. Hinkson was not even in this country at the time he supposedly met with the witness to purchase services. That passport would have exonerated Mr. Hinkson, and was held in the possession of Tallman, who refused to produce it in response to the defendant’s FOIA. Judge Tallman also held an ex-parte meeting with the prosecutor’s star witness and chief liar (Elven Joe Swisher) and lied to the jury, inflating the military history of Swisher.
Anyone railroaded by the government – as David was – who can demonstrate he is truly innocent of a crime – as David now has – is entitled to his day in court at an evidentiary hearing to prove his case. So we are all waiting; when will David have his hearing?
David now seeks review by an en banc panel (probably by another eleven judges) of the Ninth Circuit to see if the judiciary will: 1) hold Judge Tallman accountable for his crimes and remove him from David’s case, 2) allow David an evidentiary hearing, 3) look at the totality of all the evidence, 4) acknowledge David’s claims of innocence, and 5) eventually permit David to go back to his family. The issue has been that each time David has applied for review, the case was sent back to the “sentencing judge” – who is Judge Tallman – the one with a vested interest in covering up his own crimes committed from the bench in David’s trial. The only solution, if fairness is to prevail, is to remove Judge Tallman from David’s case.
Neither Judge Tallman nor the prosecution informed the jury of the falsehoods before deliberations despite the fact that the U.S. Supreme Court requires government lies to be revealed to the jury in order to prevent a fundamental miscarriage of justice; because people can’t be convicted based on lies in a free society. By vouching for Swisher as a Korean combat soldier, Judge Tallman suborned Swisher’s perjury – which itself is a crime. The association of Korean War Veterans has already indicated its disgust of Swisher for his crimes and stolen valor which cheapen the sacrifice of all veterans, especially those who gave their lives in conflict.
Who will hold Judge Tallman accountable? Let it be you, Mr. Goodlatte, and the House Judiciary Committee. Liberty- and truth-seeking people of this nation expect you to uphold your oath of office and the United States Constitution and laws. We command you to immediately begin a full investigation into the illegal and unethical behavior of Judge Richard C. Tallman for lying in open court and for suborning perjury. Impeachment is the only thing that will stop the evil practices which have now reached epidemic proportions and are a fast-growing cancer in America.
I believe no judge should be allowed to lie and get away with it, and I remind you that the Constitution requires you, as the Chairman of the Judiciary Committee in the U.S. House of Representatives that it is your job to impeach federal judges like Richard C. Tallman who commit “high crimes and misdemeanors.”
Thank you for your interest in and actions on behalf of Mr. David Hinkson. I look forward to hearing from you regarding your progress with this case.
Connie LaRue
xxxxxxxxxxxxxxxxx Road
Colville, Washington 99114
For more information see: www.rolandhinksonfiles.com or www.davidhinkson.info
Below are Endnotes from http://www.ini-world-report.org/2014/12/01/veteran-falsely-convicted-by-lying-judge/:
[i]For proof that outspoken innocents who demand justice have been wrongfully convicted, google Edgar Steele, Matt Hale, and Schaeffer Cox, for crimes that never occurred, with the accused prevented from presenting their case of innocence by activist judges. See USA Today Article: Locked Up But Innocent, Aug. 2012, Brad Heath, finding 60 who were not guilty but held in federal prison anyway and other similar articles.
[ii] 28 USC §2244(b)(3)(A)
[iii] U.S. v. Hinkson, 526 F.3d 1262 (9th Cir. 2008) (the Fletcher-Hug opinion).
[iv] U.S. v. Hinkson, 585 F.3d 1247 (9th Cir. 2009) (the Bea opinion).
[v] U.S. v. Hinkson v. 611 F.3d 1098 (9th Cir. 2010) (Chief Judge Kozinski dissent).
[vi] In that August 2012 opinion, Judge Tallman adopted another Swisher fake story of attempted murder claiming Hinkson sent a shooter to the back woods of Idaho to gun-him-down. Actually, Deputy Sheriff Herbert Lindsey, who investigated Swisher’s false report, proved that the whole story was made up by him. Instead of Judge Tallman consulting the local authorities to determine if this report was valid, he swallowed this Swisher fabrication “hook, line and sinker” making it appear Judge Tallman had formed a strong bond with Swisher after the illegal ex parte meeting. (See Appendix C, in Ninth Circuit Case No. 14-16507, Herbert Lindsey Affidavit, Exhibit B-4, found in documents 6, on pgs. 234-236-Also review Document 7 for more information).
[vii] In Ninth Circuit Case No. 14-16507, see Judge Tallman’s Order Denying Recusal dated August 28, 2012, also found in Appendix C, Exhibit B-2, filed in Ninth Circuit Case No. 14-16507, at pages 151 to 162.
[viii] Herrera v Collins, 506 U.S. 390, 404.
[ix] Tallman’s statement about Swisher’s “amphibious” landing is found in the Transcript of the Hinkson 2005 trial (Appendix C, Exhibit B-3, at page 216) located on the trial transcript at Page 2309, lines 6 – 10 and his concern that he did not want to turn the case into a mini trial on whether “Mr. Swisher is lying or not” (line 16-19) which is exactly what he should have been doing with the evidence from the Commandant’s Office of the U.S. Marine Corps which had just been presented to him (Report of Col. Dowling). That is, if Swisher was lying (and his 2008 conviction proves that he was lying) the December 30, 2004 report of Col. Dowling (then in front of Judge Tallman) gave him an absolute duty to make a determination whether Swisher was lying, and if so, Judge Tallman had an absolute duty to inform the jury so that they would not be deceived, before allowing the jury to deliberate. The U.S. Supreme Court requires that the judge had a duty to inform the jury of the falsehoods presented by the government. In fact, if Judge Tallman says he did not know Swisher was lying, then he knowingly and intentionally turned a blind eye to Col. Dowling’s report that stated that Swisher did not serve in Korea nor did he have the training, experience or rank to participate as a member of an expeditionary force in a secret mission; and according to the U.S. Navy and Marine Corps, there were absolutely no secret missions to North Korea after the Armistice was signed in 1953.