Mr. Swinner was 28 years old in 1999, when he and his friend walked into a second-hand store to sell some speakers. The men behind the counter offered to buy them if Mr. Swinner and his friend could also give them marijuana. Mr. Swinner’s friend had some marijuana and gave the men enough for one joint, and the men gave Mr. Swinner the money. The men behind the counter were undercover police officers. Mr. Swinner was arrested for “distribution of marijuana.” Mr. Swinner was tried, convicted by a non-unanimous jury. His nonviolent prior involvement in the criminal legal system gave the prosecutor the discretion to enhance his sentence under Louisiana’s habitual offender law. He was sentenced to life in prison. Under today’s laws this sentence would be illegal.
Mr. Swinner remained in prison for nearly 21 years until Innocence & Justice Louisiana worked with the district attorney’s office to secure his freedom. He was the first client released as part of our Unjust Punishment Program (UPP), in July 2020, after nearly 22 years in prison.
