PERTINENT PARTS OF DAVID HINKSON’S APPEAL ~

Here are some details of the case of what some call “The most provably innocent prisoner” in America. See Hinkson’s full story on this site at “Why are these innocent men still in jail?”

V.  HISTORY AND CHARACTER, CONSIDERATION IS MANDATED BY 3553(a) WHEN SENTENCING:  Title $3553(a) mandates that the Court consider Petitioner’s History and Characteristics when computating sentencing, and as the Court is/was supposed to weigh the Character of Petitioner, would like to now provide a brief summary of “Back Ground Information,” about who Petitioner is, and what he had accomplished in the world, before being prosecuted; so that the Court will be able to take Petitioner’s real Character into consideration, even now, at re-sentencing.  Therefore, Petitioner has now provided the Court Exhibit “E,” for their purview (dated November 1, 2019), that was written by News Paper Reporter, “Carol Asher,” who traveled to Witness Swisher’s Home (three months ago), to interview him, about his involvement in the prosecution of Petitioner.  Petitioner, also has over 30 other affidavits of Actual Innocence and Alibi, if the court wants to purview any of them.  Also, Rudy Davis, is a Baptist Minister (Forney TX), who has testimonials and patent drawings on his website “lonestar1776.com.”

 

a.  RESUME:  Vietnam Vietnam Era Veteran; U.S. Navy, Anti Submarine Warfare/MECH, Norfolk VA, Honorable Discharge;  Degree in Business Finance, Ricks College Rexburg ID; GRI Designation from the University of Colorado Boulder, Licensed in CO and Utah;  Degree in Naturapathe, University of Naturapathe, Washington D.C.; Fluent in Russian and Spanish.

 

b.  ACHIEVEMENTS:  Built WaterOz, as a Health Food Supplement Business (1999); invented a new way to make a Heavy Metal into a new non-toxic Copper product, that will kill all Viruses and Parasites in two hours, and will remove all Cancers in about two weeks; therefore, Petitioner traveled to Russia, Ukraine, South Africa, Dominican Republic, giving lectures and doing Clinical Studies, in conjunction with the Doctors Without Boarders, to test these theory’s;  Petitioner,  Built and designed a working Cold Fusion Reactor (1992), that will heat homes and business.  Built and tested a new concept called “HED” (Heat Emitting Diodes), that are over a thousand times more efficient in heating homes and business (1994); designed and built a working GALT Magneto, that violates the Law of Lenz (uses Magnets), that can now be seen on U-Tube, actually working (“GALTgenerator” – Fourth Pic down), as this Magneto actually replaces the need for fossil fuel and Nuclear Energy.  Therefore, Petitioner, has a past history of honor, hard work, integrity; saved over 400 Limbs from Amputation, cured over 3,000 Aids Patients; cured over 5,000 Malaria Patients; gave over 50 Medical Lectures in many countries, and did 1,200 Radio Interviews (on his own Talk Show).  Therefore, it was this very travel activity that brought Petitioner to the place of having an Annual Visa for Russia, and to actually not have been in the United States (July 2002), when Witness Swisher, testified that Petitioner made these so-called attempted Threats.  Petitioner has never made any threats against anyone, and has spent his entire life helping others, and volunteering all of his concepts without compensation as a volunteer.  Petitioner knows that what he claims is known and taught to be impossible, in the institutions of higher learning, but Petitioner can prove what he says.  Petitioner also, knows that the U.S. Patent Office will not let me Patent these devices as they state they can’t work.  I have thus attempted to offer my GALTmagneto to Pres. Obama and then Pres. Trump to help the U.S. Navy.  Nobody, has ever complained about any of what Petitioner was doing in the past, as if someone had no money, Petitioner provided his assistance for free.  Therefore, there is not one shred of evidence in existence anywhere on this planet that supports, that Petitioner ever made a threat against anyone, but the federal government in ID, now considers unsubstantiated and provable perjury as evidence; that is good enough to give a person death by time.

 

c.  CHARACTERISTICS OF THE WITNESS SWISHER:  Witness Swisher, was actually in a Coma in July of 2002, in the VA Hospital, when he had met Petitioner in July, and this was actually provable, as Witness Swisher, was later (two years after Petitioner’s Trial), charged with actually stealing these medical benefits.  Swisher, is known in the community of Cottonwood Idaho, for being a conman, a sociopathic liar and Child Molester (have affidavits from his two daughters, who claimed he started this behavior when they were five years old).

 

d.  ALIBI CANCELED:   Therefore, when Petitioner’s Attorney filed a Notice of Alibi (see Docket), the USA’s filed a Superseding Indictment, to actually cancel Petitioner’s Alibi.  The Trial Judge also hid Witness Swisher’s Medical Records, that would have shown that Witness Swisher was Comatose (June 1st through October 18, 2002), Incontinent, High Blood Pressure, Seizures and Kidney Dialysis (all of 2002); and when Witness Swisher testified, he testified it all happened in July 2002.  This story never passed the smell bad test.  Witness Swisher, claims he actually died on the operating table during his open heart surgery, as they installed his pacemaker (July 2002), but he recovered, enough to be an invalid; who’s lips still move.  Therefore, for Petitioner to actually have been guilty of hiring Witness Swisher to make a threat, he would have had to sneak into the VA Hospital and talk to a guy wearing diapers in a coma.  *Note here, that there was no Mens Rea, or Nexus between Petitioner and the so-called federal officials.

 

e.  CURRENT FINANCIAL STATUS:  The WaterOz business continued to make and sell these products, with no negative claims against Petitioner for 12 years after Petitioner’s Trial, until finally the WaterOz factory, mysteriously was fire bombed to the ground in October 2015 (see WaterOz.com – Fire Pictures).  Therefore, at this time Petitioner now has no financial resources and needs legal counsel to be appointed if this is possible.

 

CONSIDERATION:  Petitioner, now requests that the Honorable Court, at this time review Petitioner’s Legal Claims, and the fact that Petitioner has not been treated fairly (by 9th Cir.), and provide relief from this wrongful prosecution, based on the fact that; (1). Petitioner is actually innocent of the Statute Charged; (2) Petitioner’s Parents are now 90 years old, and need him to come home before they die; (3) and  Petitioner’s children and family have all been destroyed beyond measure for no reason; (4) Petitioner, needs to be released so that he can move forward to bring forth the technology that will stop Global Warming;  (5) and at this time it would now be the morally correct thing to do.

 

.                                                            CONCLUSION

WHEREFORE, Petitioner, in light of the foregoing, respectfully Prays to the Honorable Court for the following relief to be Granted”

a.  That the Court vacate only the Judgment(s) relative to the Solicitations to Commit Murder Convictions, and remand the Petitioner back to his Sentencing Court to be resentenced under 18 $$ 3553, 3584; and all other relief the Honorable Court deems.