"David R. Faulkner, 46, of Ridgely, and Jonathan
D. Smith Sr., 46, of Easton, both were convicted in 2001 of the Jan. 5,
1987, murder of Adeline Wilford, 64. Faulkner is serving a life sentence in prison, plus 10 years, for the crime, and Smith is serving a life sentence in prison. Talbot County Circuit Court Judge Stephen Kehoe began hearing the men’s arguments for a new trial on Monday, April 11. Faulkner and Smith are petitioning Kehoe for a
new trial and also have submitted writs of actual innocence, because of
information their attorneys say is new evidence, which could not have
been discovered in time to move for a new trial and of which the
introduction creates a substantial possibility the original trials may
have ended differently. Joseph Michael, deputy state’s attorney for
Washington County, is the special prosecutor who has been assigned to
the case. He said the state believes the evidence the defense will
produce could have been discovered in time to move for a new trial......... He called on Kehoe to deny Faulkner and Smith new
trials, based on the statute of limitations, which prescribes a period
of limitation for pursuing legal actions, both criminal and civil. “Ninety-five percent of what you heard (during
opening statements) is evidence that was available during the first
trial, including the palm prints ... it was just as admissible to the
jury in 2001,” Michael said. “People are owed the finality of judgement
... you get one bite of the apple.”......... Kehoe heard opening statements from Smith’s
defense lawyer, Donald Salzman of Skadden, Arps, Slate, Meagher and
Flom’s Washington, D.C., office, who delivered opening statements on
behalf of both Faulkner and Smith. Smith’s defense team also consisted of Barry
Sheck, one of the founders and directors of the Innocence Project, and
Bryce Benjet, a staff attorney with the organization. Faulkner was represented during the hearing by
attorneys John Chesley and Jonathan Phillips of Gibson Dunn’s
Washington, D.C., office. During opening statements, Salzman said the case
was investigated for 13 years, before Faulkner and Smith were convicted
in 2001. Salzman said there was no physical evidence tying Faulkner and Smith to the crime. “There is no physical evidence, because they were not in that home,” Salzman said. He said a new match to a palm print that was
lifted from a window identified as the point of entry during the crime
matched that of Ty Anthony Brooks, 48, of Easton, who currently is
incarcerated in a Maryland prison. According to court documents, Brooks was
convicted in 2006 of second-degree burglary with a firearm and in 2012
of theft less than $1,000 value. Salzman said Brooks’ palm print matches seven prints lifted from Wilford’s home. According to Salzman, “Boozie” Thomas, who the
defense said allegedly assisted Brooks during the burglary and murder,
also confessed to the crime Aug. 7, 1991. That confession included key
details of the murder that were unknown to the public at the time,
Salzman said. In addition to Brooks’ palm print and Thomas’
confession, Salzman said the defense also will introduce evidence of a
“secret deal” between Haddaway, who was Smith’s aunt, and police and
prosecutors to drop felony drug charges against Haddaway’s grandson. He said Haddaway threatened to tell defense
attorneys she was crazy unless the state’s attorney dropped the case
against her grandson. Salzman said Haddaway told police she would
produce a document alleging she had been diagnosed with a mental
disorder, which would potentially discredit her testimony against Ray E.
Andrews Sr., 46, of Easton, who was identified as the third man who
participated in the crime, as well as Faulkner and Smith. Salzman said the defense will submit as evidence
taped conversations between police and Haddaway, “that destroy her
credibility as a witness and corrupt this process.” “The scope of her manipulation is disturbing and it’s breathtaking,” Salzman said. Additionally, Salzman said the defense hopes to
introduce evidence that there was another car in the area during the
time of the murder, a 1977 Oldsmobile Cutlass, and he suspects Brooks
and Thomas to be the drivers of that vehicle. The state’s theory, based on testimony from
Haddaway, is that Andrews, Faulkner and Smith walked to and from the
scene of the crime. Salzman also said a confession Smith gave to
Haddaway was not consistent with circumstances surrounding the murder,
and a later confession made to police was made under pressure. Smith
later testified to his innocence during his trial. Additionally, Salzman said, during the initial
trials, the state presented a number of witnesses who had “powerful
motives to lie,” including Andrews. Andrews testified against Faulkner and Smith in
2001, and as part of a plea agreement, was convicted of involuntary
manslaughter and sentenced to 10 years in prison......... The evidentiary hearing will continue through this week.
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