The N.C. Attorney General’s Office says Kalvin Smith should not get a new trial.
Smith is now serving 23 years after being convicted of beating Jill Marker at the Silk Plant store. The attorney general rejected the main gist of Smith’s case for a new trial, a video that Smith’s defense attorney was never shown:
Even though Smith’s trial attorney claims that he was never shown a video in which Marker failed to pick Smith out as her attacker, that video should not lead to a new trial, the attorney general’s office wrote in its response, which was filed Friday.
“Defendant’s so-called newly discovered evidence goes nowhere near proving his factual innocence. All of Defendant’s claims are without merit and should be summarily denied,” the response said, referring to Smith.
