Meanwhile, over in Winston-Salem, Kalvin Smith’s hearing in his quest for a new trial got underway yesterday, and his defense attorney was little help testifying that a key piece of evidence that could prove his innocence wouldn’t have made much of a difference in his trial for the near-fatal beating of Jill Marker:
William Speaks, Smith’s trial attorney, testified that he isn’t sure he saw the second half of a videotaped interview from October 1996, in which Marker was shown photographs and failed to pick Smith.
Marker appeared to identify him at trial, when she was wheeled in front of Smith and asked if he was the man who hurt her.
But Speaks said he wouldn’t have used the October 1996 interview to attack a victim who could only moan and nod her head in a swaying motion in response to questions, he said.
“You have to picture the scene, she was rolled into the courtroom on a hospital bed,” he said. “I just wanted her out of there as quick as I could. If I could do it again, I would have said ‘No questions.'”
Former Winston-Salem Police Detective Don Williams’ failure to provide Smith’s defense attorneys with the videotape that raised doubts about Marker’s ability to identify her attacker was the key component in Smith’s quest for a new trial. Now that component is gone, and attorneys are now forced to rely on witnesses who say thay were forced to lie about Smith’s guilt under pressure from police.
I’m no attorney, but I can’t see how that doesn’t damage Smith’s case.
