The Middle Passage: The Wrongful Conviction of Bro. Khalfani Malik Khaldun
THE MIDDLE PASSAGE
February 2020
“Oppressed People are forced to come to grips with immediate problems which have a philosophical status and are relevant to all people.”
On December 13, 1994, things became real in my life, impacting the entire State of Indiana, and Indiana Department of Corrections’ Officer Phillip Curry, who was stabbed at the Indiana State Prison, and moments later died from (2) stab wounds. One to the heart, the other to his neck; by this time, I had been in prison since 1987. On the night of this stabbing, myself and several Black prisoners were rounded-up, and when I refused to give a statement, I was transferred to the Maximum Control Complex. On January 31, 1995, I was read a warrant for murder, one for Capital Murder in the death of Officer Curry.
THE PRELIMINARY INVESTIGATION
The investigation for the murder of Phillip Curry was led by (Chief Prison Investigator Karl Swihart) and several others, and they were also assisted by the Indiana State Police. The night they came after me, they confiscated all of my clothes, and the officers made it known they all wanted me dead; they were drenched in Phillip Curry’s blood. Karl Swihart gathered multiple statements from ‘prison informants’ who were encouraged to, and given incentives to place me at the scene. One statement manufactured by Alonzo Deadwilder said: “saw me actually argue with this officer then stabbed him...” The other statement came from another informant named Anthony Jackson, who said: “he disposed of a weapon that landed in front of his door...” Yet, he was never charged for allegedly disposing of a potential murder weapon. When a high-profile case such as this occurs inside a prison environment, the prison investigators’ primary objective is to solve the case by any means necessary, even at the expense of using ‘false testimony’ by opportunistic prisoners trying to go home early. This was the case here, information was provided identifying me as the guy that stabbed Officer Phillip Curry. This is how I became the primary suspect, allowing Karl Swihart, Chief Prison Investigator to build and manufacture his findings to his benefit, because there was not one statement provided that night by officers claiming to have witnessed Officer Phillip Curry being stabbed by Leonard McQuay. There were ‘DNA” samples tested from my clothes, but if I stabbed this officer and blood was everywhere – why then was there no blood consistent with the officer’s blood on my jacket, ‘hooded sweatshirt,’ gym shoes, etc.? One ‘smeared’ drop of blood was planted on the ‘left’ side of my blue jeans’ pant cuff. Karl Swihart and the officers working the scene that night, all had blood on them. The officers assisting Phillip Curry by bringing him to his feet, say he collapsed on the second tier saying he wasn’t going to make it. Also, being very desperate, they stated that Curry said: “Khalfani stabbed me...” This was concocted by prison investigators, to, if for nothing else, insured a conviction in Court.
PROLONGING TRIAL DATES
From 1994 through 2001, I had a lot of appearances in Court, and a host of postponements, continuances, etc. We were granted a ‘Change of Venue,’ from the La Porte County Court to St. Joseph County Court in South bend, Indiana. Prior to my trial date, becoming official, the ‘Public Defender’ Atley C. Price assigned to my case, took a job in the prosecutor’s office that was prosecuting me for murder. On March 27, 2001, my trial for murder began, and I was forced to wear an ‘Electric Shock-Box’ attached to the area of my kidney on the left side of my body for (7) straight days while my trial lasted. The judge allowed the prosecutors to introduce 3-5 ‘knives’ as evidence that had no connection to the stab wounds inflicted on the victim, which was all done to heavily impact the jury; in legal terms it’s called an “Evidentiary Harpoon.” Also, not one prisoner came to Court to testify against me. In fact, the (2) informants provided me with ‘Recantations,’ saying they were paid to say I did it! And, others that provided information, did so from fear that they too would become targets of Karl Swihart. There was a bloody thumb print found on my ‘Light Switch’ planted by officers or Karl Swihart himself during the investigation, belonging to someone other than me or Officer Phillip Curry. Meaning, that it could’ve belonged to the actual person who killed the officer. They never even considered the possibility of another suspect, because they wanted me to fall for this case. I was sentenced to (60) years, and shortly after found guilty on April 20, 2001. Now, I have (19 years) served on the (60)-year sentence, leaving me (11) more years to go.
THE RISE AND FALL OF INVESTIGATOR KARL SWIHART
Karl Swihart was the Indiana State Prison’s ‘Shining Star’ intelligence officer for years, and my case pushed him out to the forefront. Inside of his investigative reports he outlined several theories for why this murder occurred, the execution by ‘electrocution’ of Gregory Resnover by the State (Electric Chair), on December 7, 1994, was one theory, he was definitely one of my comrades, so they felt it was in retaliation for them killing Gregory Resnover, (aka) Ajamu Nassor. The second theory was he dated my sister, and beat her up, so I retaliated against him due to his actions. Karl Swihart once had Officer Phillip Curry for trafficking drugs into the facility. Once the prison came off its 6-10-month lock-down, the word was he had ‘played’ prisoners out of a large amount of drugs/money. In 1995-1996, Karl Swihart was transferred to another prison (Westville), where he became engrossed in his own scandal. He was fired for taking and using drugs from the confiscated evidence. He also was giving drugs to prisoners to sell for him at Westville Correctional Facility, and if they refused, he would have them transferred far away from home, or simply set them up on bogus charges. Recently, I received a news clipping that can be ‘googled,’ by doing a search on his name, that Karl Swihart had committed suicide. Now, many of his prison cases are being re-opened. I am waiting on a ‘packet’ by way of the (F.O.I.A.) Freedom of Information Act Public Access, of his complete file on me. He manufactured evidence to secure a conviction, now, it’s time for me and ‘US’ to undue this injustice. I never killed anyone, let alone this Officer Phillip Curry, the time of my vindication and liberation is NOW.
THE MIDDLE PASSAGE
This is my Middle Passage, I am at the end of my time, and I am ready for my release from prison, there can be no going backwards. Since 1994, I have not relented in my fight, they have never killed my thirst and idea of Freedom, Justice, and Equality; when we collectively fight we win. TAKE CARE – POWER AND PEACE! ALUTA CONTINUA (THE STRUGGLE CONTINUES)
Leonard McQuay, #874304,
Bro. Khalfani Malik Khaldun,
Westville CF, 5501 S. 1100 W.
Westville, IN 46391