November 12, 2012
I write this for posting at seanswain.org and for emailing to attorneys and law schools. I provide only brief summaries of legal history and issues, and more information can be provided if it isn’t already posted at seanswain.org.
My Criminal Case
I was falsely convicted of murder in 1991. My conviction was reversed with specific instructions, but the trial court did not obey the mandate. All further proceedings were void, in violation of the law of the case doctrine. In August 2011, I filed a motion to vacate in the Erie County Court of Common Pleas. The court has refused to rule on it and the clerk of courts answers none of my inquiries.
I have been unlawfully imprisoned for 21 years. Any attorney who can get Ohio to follow the law can keep every dime of a wrongful imprisonment lawsuit.
My motion to vacate was filed in August 2011 in State v. Swain. Erie County Common Pleas case number 91-CR-253.
In September 2011, the Ohio Parole Board violated statute that requires them to notify my counsel prior to a full board hearing. My local hearing was held Sept 19 and the full board hearing was held just eleven days later on Sept 30 without statutorily-mandated notification of counsel. A re-hearing can be mandated, allowing counsel to present the evidence police concealed at the time of trial, proving there was a break-in at my home and I acted in self-defense.
My Current Situation
I have been targeted and framed for gang activity, absent any credible or relevant evidence linking me to any conduct- all based on an inexpert assertion regarding my “ideology.” I have been profiled based upon my deeply-held religious beliefs that humans are designed by their creator for tribal life and that this current, unsustainable disorder is a rebellion against the creator’s plan. Because I am a neolithic indigenist- my religion recognized, approved, and accommodated by the State of Ohio- I have been profiled as an “ideological” offender, my published criticism of policy referenced, to have me sent to Lucasville. Whether I will be permanently silenced or not, this frame-up will cause me to die in prison for a crime I did not commit.
I am held in a special management unit cell, awaiting transfer. Lieutenant Chris Lynch has denied me access to my criminal case file, which was just mailed to me as part of a settlement in a civil action. This file contains thousands of documents I have never seen in my 21 year ordeal.
Every aspect of my criminal case, conditions of confinement, and parole have been extra-legal- and demonstrably so.
I need help.
I have been held hostage for 21 years and own nothing of value. On Sept 19, all of my personal property was destroyed. My parents live on a fixed income and are retured- I am their only child. None of my friends are wealthy. I hope to have the return of $2,500 to a friend of mine from previous counsel who did not attend the full board hearing she was retained for, but that money isn’t mine.
If you save me, I’ll owe you my life.
I’ll honor you and compensate you any way I can.
My parents have held their breath for 21 years, waiting for an end to injustice. They don’t deserve this.
Please contact seanswain.org if you may be interested in representing me.
Thank you for your time and kind consideration in reading this,