Lawrence Schwiger

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Lawrence Schwiger	Lawrence Schwiger # 71278 Northern Nevada Correctional Center P.O. Box 7000 Carson City, Nevada 89702 USA
Lawrence Schwiger	DOB: June 7, 1952

Lawrence Schwiger's case data
Status	possibly not-guilty
State and County	Nevada, Clark County
Case No.	C173970 C174784
Crime	Count 1: Lewdness Count 2: Solicitation
Date of Crime	Count 1: somewhere between early September 2000 and February 16, 2001 Count 2: occurred between February 16, 2001 and March 22, 2001
Date of Arrest
Date of Conviction	December 11, 2001
Sentence	Count 1: Life in prison without possibility of parole after 10 years served. Count 2: 6 to 15 years consecutive to the lewdness sentence.
Age at the Date of Crime	48
Contributing Factors	False Accusation, Perjury, Misleading Forensic Evidence, Misconduct
Did DNA evidence contribute to the conviction?	Yes.
Is there DNA evidence to test?	?

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Introduction

There was NO ‘day of the crime’, and therefore I could not have been there. In fact, NO CRIME was ever committed by anyone.

The allegations against me have been “FABRICATED” and “THE FALSE CRIMINAL CASE” WAS “MANUFACTURED” and “SET UP” against me by at least (3) three corrupt detectives of the Las Vegas Metropolitan Police Department (LVPD) for the benefit of my wife, now ex, to remove me as a factor in the custody of our own daughter and to retaliate against me for throwing my wife out of our home just 34 days, coincidentally, before the “false” allegation first surfaced.

My wife, Lisa Nazee Schwiger, at the instruction of these corrupt detectives, then attempted to plant my semen (DNA) into my daughter’s bed in order to attempt to corroborate the story of the “alleged” victim, Alexis Ashford, which later changed, because my wife failed somehow at her evidence plant attempt.

Alexis was initially coerced to say that the “alleged” misconduct – WHICH NEVER ACTUALLY HAPPENED – had taken place in my daughter’s bedroom, and later was told to change her story, which she did at the preliminary hearing, to reflect that the “alleged” conduct had taken place in my bedroom.

As a result of my wife’s failure to plant this evidence in my daughter’s bed ( I CAN EASILY PROVE SHE DID TRY), these corrupt detectives and the prosecutor had little or NO chance for a conviction on these “false” sexual charges.

Because they had “NO CASE” against me on the sexual charges, these corrupt detectives, who previously had worked in the county jail and had a good personal friend who was in charge of “intelligence” within the jail, then induced a plan to “ensnare” me into a phony plot to allegedly murder the potential witnesses in the sexual case. The purpose of this was to create the “false appearance” that I was attempting to silence the witnesses, implying that this must mean that I was guilty of the sexual charges. In other words, they were trying to manufacture the “phantom witness” they did not have in the sex case.

I was then illegally indicted on the solicitation charges, because the State KNEW very well that I could “explain away the charges” before the grand jury. In Nevada, a defendant has a State Constitutional and Statutory Right to appear and testify before the grand jury. The State purposely neglected to serve me with this Statuatory “MARCUM NOTICE” of their intent to seek their indictment. After the State garned their ill-gotten indictment against me on the phony solicitation case, and because they had literally NO CHANCE of garning a conviction on the sexual charges without this PREJUDICIAL and FALSE IMPLICATION, they had the judge in the case “CONSOLIDATE” these two wholly disparate sets of charges into the same trial. The judge did this without even permitting the defense an opportunity to file a “written” opposition to the State’s Motion. This ‘one-sided’, ‘biassed’ and I strongly suspect ‘corrupt’ judge, then granted the State’s prejudicial Motion to Consolidate these cases which, my attorney’s advised, removed ANY CHANCE of me receiving a “fair trial”.

My attorneys then advised me that they would need to appeal this very prejudicial decision by this biased judge and that I would have to accept an ALFORD Plea (NO ADMISSION OF GUILT WHILE STILL MAINTAINING COMPLETE INNOCENCE) in order to allow them to appeal this and other “abusive decisions” by this judge so that I could later be afforded a “fair trial”. I had NO experience in the law and felt I had NO OTHER CHOICE but to trust the people, my two attorneys, who were assigned and responsible for advising me correctly on what I must do – my best interests. This was a grave mistake. I could have NO WAY to know this at the time however. I believe my attorneys were “handled” by this corrupt judge.

Both of my attorneys advised me, and the judge, ON THE RECORD, that these issues which they said MUST be appealed were inherently preserved on appeal within the very language of the plea agreement itself, and, “that no one can waive their rights to appeal…” [by signing a guilty plea]. The judge even clarified and confirmed counsel’s assertion, ON MY RECORD.

As a result of my attorneys assurances I accepted their Alford Plea for the “specific” and “express” purpose of the appeal! The Nevada Supreme Court (NSC) ruled on my appeal and stated that these issues WERE waived by accepting the plea. My attorneys clearly advised the judge and I wrongly!

This makes it plain that I accepted the plea “UNKNOWINGLY” and “UNINTELLIGENTLY”. This necessarily makes my plea “INVOLUNTARILY” entered into, which makes it inherently and necessarily “INVALID”. But for counsel’s error, I would never have accepted the plea.

I have committed NO CRIMES and remain in prison for the rest of my natural life, as an innocent man, unless I can get serious help. This, because I was hoodwinked and conned by the criminal just-us system and the very attorneys assigned to protect me.

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Documents

Alexis’ Voluntary Statement (pdf, 12 pages)
Las Vegas Metropolitan Police Department
January 25, 2001
NOTE: This interview was withheld from the defense until AFTER Direct Appeal had already been adversely decided to me.

Linda Simione’s Voluntary Statement (pdf, 13 pages)
Las Vegas Metropolitan Police Department
January 25, 2001
NOTE: Page 12 is “missing” from Linda Simione’s January 25, 2001 interview. This page is exculpatory and has been withheld from the defense by the state since the start of this case. Several additional extremely exculpatory documents, transcrips and interviews are also still being withheld from me by the state. Motions for Discovery were also filed in the district court for these exculpatory items to support my Post-Conviction Habeas Petition. The court ignored one motion and denied the second. Two taped interviews by the “alleged” eyewitness in this case are also being withheld.

Wendy Shelton’s Voluntary Statement (pdf, 18 pages)
Las Vegas Metropolitan Police Department
January 25, 2001

Alexis’ Voluntary Statement (pdf, 17 pages)
Department of Family and Youth Services
February 2, 2001

Lawrence Schwiger’s Voluntary Statement (pdf, 42 pages)
Las Vegas Metropolitan Police Department
February 23, 2001
NOTE: This interview was withheld from the defense until AFTER Direct Appeal had already been adversely decided to me.

Alexis’ Testimony (pdf, 48 pages)
Preliminary Hearing of March 13, 2001

Paula Hammack’s Testimony (pdf, 35 pages)
Preliminary Hearing of March 13, 2001

Linda Simione’s Testimony (pdf, 48 pages)
Preliminary Hearing of March 13, 2001

Transcripts of Bind Over Proceeding (pdf, 21 pages)
March 14, 2001

Tape Recorded Interview between Jim Thomas and Don Savage (pdf, 29 pages)
July 16, 2001, interview room at the Clark County Detention Center

Transcripts of Plea Negotiation Process (pdf, 24 pages)
July 19, 2001

Appellant’s Opening Brief (pdf, 34 pages)
December 26, 2002

Petition to Writ of Habeas Corpus (Post-Conviction Relief) (pdf, 67 pages)
August 22, 2005 and Order for Petition for Writ of Habeas Corpus, October 10, 2005

Reply to State’s Response to Petition for Writ of Habeas Corpus (PCR) (pdf, 35 pages)
August 2, 2006

Supplemental Petition for Writ of Habeas Corpus (PCR) (pdf, 29 pages)
April 10, 2006

Reply to State’s Opposition to Defendant’s Supplemental Petition for Writ of Habeas Corpus (PCR) (pdf, 31 pages)
September 20, 2006

Docket Sheets, Case Number 01-C-173970-C (pdf, 9 pages)
January 23, 2008