PUBLISHER'S NOTE: This post is in two Parts; PART ONE - a story providing excellent background, headed headed, "Detroit man freed pending possible murder retrial seeks 'normalcy,' by Reporter Oralandar Brand-Williams, published by Detroit News on April 20, 2021. PART TWO: The answer? Mlive.com story (updated January 30, 2019) by reporter Gus Burns, headed, "Mystery bullet could support hit man's confession to 14-year-old murder."
Harold Levy: Publisher: The Charles Smith Blog;
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PART ONE:
STORY: "Detroit man freed pending possible murder retrial seeks 'normalcy,' by Reporter Oralandar Brand-Williams, published by Detroit News on April 20, 2021.
GIST: "Thelonious Searcy said Tuesday's light snowfall was humbling as he stepped from a Hamtramck prison into the waiting arms of his family and supporters.
Searcy, 41, has been locked up for 17 years for a murder his lawyer says he was wrongfully convicted of and one that a self-professed hitman has confessed to committing."I can't get back the 17 years I lost," Searcy said after leaving the William Dickerson Correctional Facility.
He said he wants to re-establish his relationship with his daughters, who are 23 and 24, and his 77-year-old grandmother, whom he says he almost lost to illness brought on by his incarceration."I just want to get back to a sense of normalcy," he said.
Searcy was convicted in 2005 of first-degree murder in connection with the shooting of Jamal Segars near the Coleman A. Young Airport on the city’s east side Sept. 5, 2004.
Vincent Smothers has taken credit for Segars’ death and wrote three affidavits in 2015 and 2016 saying he, not Searcy, killed Segars, according to court documents.
Searcy said he plans to finish a paralegal program he almost completed in prison and hopes to go to law school to help others who are behind bars.
Right now, Searcy is in a holding pattern as he and his lawyer await to see if the Wayne County Prosecutor's Office appeals a ruling from the Michigan Court of Appeals that he should receive a new trial.
The case could be retried or charges dismissed."It will be a very difficult case to retry when you have someone else confessing to the crime," said Searcy's attorney, Michael Dezsi. "The evidence is overwhelming and shows that Mr. Searcy did not commit this crime. When you have that kind of evidence, I don't know how you retry a case."Dezsi said "we would be hopeful" that the case is dismissed but that it could take months for a hearing at the Michigan Supreme Court, where an appeal by the prosecutor would be heard.
Assistant Wayne County Prosecutor Maria Miller said Tuesday that the prosecutor's office filed its leave to appeal Monday. "Mr. Searcy is being released, but he has conditions of bond that have been put in place by the court," said Miller.
Last month, Judge Thomas Hathaway of Wayne County Circuit Court ordered Searcy be released on home confinement while the court weighs his request for a new trial.
Deszi said he doesn't think there are grounds for an appeal.
The Michigan appeals court ruled in February that Wayne County Circuit Court should take a second look at Searcy's conviction.
After an evidentiary hearing in 2018 that included Smothers' confession in Wayne County Circuit Court, Judge Timothy Kenny denied Searcy’s bid for a new trial.
During the hearing, Smothers' co-defendant in another murder case, Marzell Black, testified that Smothers admitted to him that he killed Segars. He said the alleged admission came in 2009 during a casual conversation.“(Smothers) said his motive was to free the innocent,” Black said during the hearing.
In August 2015, Smothers wrote a letter to Searcy admitted to killing the victim.
In December 2015, Smothers submitted two affidavits, each of which detailed his involvement in the September 2004 crimes. Specifically, Smothers said he shot the murder victim with a .40-caliber handgun."
The entire story can be read at:
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PART TWO:
PASSAGE OF THE DAY: PASSAGE OF THE DAY: "Some of those surround bullets and casings collected and analyzed by the Detroit Police Department Crime Lab, which was shut down in 2008, largely because of problems with ballistics analysis and evidence handling that resulted in numerous criminal cases being dismissed. The past issues may help Searcy in his effort to get his murder conviction overturned, says his attorney, Michael Dezsi."
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PASSAGE OF THE DAY: "Smothers is already serving numerous 50-to-100-year prison sentences for convictions in 14 murders that date back to 2007. With little hope of ever being released, he now claims he's the actual killer of Segars -- not Searcy. Smothers previously submitted a detailed map, recorded interview and affidavit supporting his claim, and then on March 19 testified in court. Dezsi thought Smothers might claim his Fifth Amendment Right not to incriminate himself and refuse to talk when he was subpoenaed to the witness stand, but instead, the hit man gave "tremendously" helpful and detailed testimony, especially in regard to where he claims to have shot Segars. Dezsi says Smothers' statements "lined up perfectly" with the testimony given by Wayne County Medical Examiner Dr. Carl Schmidt at Searcy's original trial."
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PASSAGE THREE OF THE DAY:
"A new bullet: In the Segars killing, Smothers says Detroit police, who chased him and his now-dead accomplice, opened fire, but Detroit police said that never happened, according to Dezsi. If there was evidence to support this element of Smothers' claim, Dezsi thinks it would significantly bolster the credibility of Smothers' confession -- and thereby, Searcy's innocence. Evidence presented at Searcy's original trial, however, showed there were only fragments and casings from two .40- and .45-caliber guns that Smothers says he and the accomplice carried. There was no evidence that a third gun belonging to Detroit police had been fired."
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PASSAGE FOUR OF THE DAY: "But that potentially changed at a March 26 court hearing, when Dezsi said a Detroit police represenative brought in physical evidence from the case, including several dozen envelopes containing slugs, bullet fragments and casings. It's one sealed envelope that Dezsi -- and the judge -- are eager to open. The envelope for evidence tag no. E07191604 is labeled as both a .40-caliber bullet fragment and a 9mm bullet casing, two very different things, according to Dezsi. The original Detroit Police Department evidence receipt, dated Sept. 9, 2004 and entered as an exhibit at Searcy's hearing last week, identifies the evidence as a 9mm bullet casing, but a subsequent Jan. 27, 2005 labaroatory analysis form, also entered as an exhibit, identifies it as a ".40 caliber metal jacket bullet." What is actually inside the envelope hasn't been revealed. Dezsi said the judge ordered a deputy to seize the envelope and will schedule a future date to open it. Dezsi said he hopes to be present when that happens. "Smothers said police shot at the scene," Dezsi said. "This reference to this 9mm shell casing argualbly supports his testimony." While Detroit police are currently issued .40 caliber handguns, Dezsi says some officers were issued department weapons that fired 9mm bullets in the past. At the very least, even if there is a .40-calliber bullet fragment inside, Dezsi says the inconsistency illustrates the sloppy work Detroit police evidence handlers have been accused of in the past."
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PASSAGE FIVE OF THE DAY: "Smothers claims he fired six shots in total, including a fatal shot to Segars' head. He pulled $300 in cash from his hand before running back to Jeffrey's car and fleeing. Smothers has sent letters to reporters, police and politicians since confessing to the killing in an effort to have Searcy freed. Smothers also gave a recorded jailhouse interview professing details of the killing to Scott Lewis, a former investigative TV reporter in Detroit, who was hired by Searcy. In the phone interview, Smothers said he spent time in the same prison as Searcy, whom he knew by the street name Skinny Man, and learned through other inmates Searcy was serving time for the murder he'd committed. Smothers said his initial letter to Searcy was unprompted, that he was never paid or bribed and is willing to testify under oath in court if necessary."
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STORY: ""Mystery bullet could support hit man's confession to 14-year-old murder," Mlive.com story (updated January 30, 2019) by reporter Gus Burns, published by Mlive.com.
GIST: "Detroit's Wayne County Circuit Judge Timothy M. Kenny has asked to take a closer look at ballistics evidence collected by Detroit police nearly 15 years ago in a murder investigation.
Police say they found the killer and closed the case of the Sept. 5, 2004 fatal shooting of Jamal Segars long ago.
A jury found 38-year-old Thelonious Searcy of Detroit guilty of the crime in 2005, but new questions have arisen.
Some of those surround bullets and casings collected and analyzed by the Detroit Police Department Crime Lab, which was shut down in 2008, largely because of problems with ballistics analysis and evidence handling that resulted in numerous criminal cases being dismissed.
The past issues may help Searcy in his effort to get his murder conviction overturned, says his attorney, Michael Dezsi.
After exhausting his appeals and having several requests for a new trial denied, Searcy, who is currently serving a life sentence, has new hope that he may not die behind bars.
Based on the claims of prolific hit man Vincent Smothers, 37, Searcy was granted a hearing to present new evidence before Kenny, who sentenced Searcy years ago.
The judge could potentially throw out the original conviction and order a new trial.
Smothers is already serving numerous 50-to-100-year prison sentences for convictions in 14 murders that date back to 2007.
With little hope of ever being released, he now claims he's the actual killer of Segars -- not Searcy.
Smothers previously submitted a detailed map, recorded interview and affidavit supporting his claim, and then on March 19 testified in court.
Dezsi thought Smothers might claim his Fifth Amendment Right not to incriminate himself and refuse to talk when he was subpoenaed to the witness stand, but instead, the hit man gave "tremendously" helpful and detailed testimony, especially in regard to where he claims to have shot Segars.
Dezsi says Smothers' statements "lined up perfectly" with the testimony given by Wayne County Medical Examiner Dr. Carl Schmidt at Searcy's original trial.
Wayne County Assistant Prosecutor Thomas Chambers last year filed a brief calling into question Smothers' credibility on numerous issues, including his admission that he committed a high-profile quadruple murder on Runyon Street in 2007 that was pinned on a then-14-year-old Davontae Sanford.
Sanford has since had his conviction overturned -- Wayne County Prosecutor Kym Worthy said it was based largely on a flawed confession -- but Smothers has never been charged in that case.
Chambers wrote that the decision not to continue pursuing charges against Sanford after the overturned conviction "had nothing to do with Smothers' admission."
A new bullet?
In the Segars killing, Smothers says Detroit police, who chased him and his now-dead accomplice, opened fire, but Detroit police said that never happened, according to Dezsi.
If there was evidence to support this element of Smothers' claim, Dezsi thinks it would significantly bolster the credibility of Smothers' confession -- and thereby, Searcy's innocence.
Evidence presented at Searcy's original trial, however, showed there were only fragments and casings from two .40- and .45-caliber guns that Smothers says he and the accomplice carried.
There was no evidence that a third gun belonging to Detroit police had been fired.
But that potentially changed at a March 26 court hearing, when Dezsi said a Detroit police represenative brought in physical evidence from the case, including several dozen envelopes containing slugs, bullet fragments and casings.
It's one sealed envelope that Dezsi -- and the judge -- are eager to open.
The envelope for evidence tag no. E07191604 is labeled as both a .40-caliber bullet fragment and a 9mm bullet casing, two very different things, according to Dezsi.
The original Detroit Police Department evidence receipt, dated Sept. 9, 2004 and entered as an exhibit at Searcy's hearing last week, identifies the evidence as a 9mm bullet casing, but a subsequent Jan. 27, 2005 labaroatory analysis form, also entered as an exhibit, identifies it as a ".40 caliber metal jacket bullet."
What is actually inside the envelope hasn't been revealed. Dezsi said the judge ordered a deputy to seize the envelope and will schedule a future date to open it. Dezsi said he hopes to be present when that happens.
"Smothers said police shot at the scene," Dezsi said. "This reference to this 9mm shell casing argualbly supports his testimony."
While Detroit police are currently issued .40 caliber handguns, Dezsi says some officers were issued department weapons that fired 9mm bullets in the past.
At the very least, even if there is a .40-calliber bullet fragment inside, Dezsi says the inconsistency illustrates the sloppy work Detroit police evidence handlers have been accused of in the past.
There's at least one other matter that Dezsi hopes will steer Kenny toward giving his client a new trial.
Kenny originally forbid the defense from presenting evidence that Segars was a federally convicted drug dealer who trafficked cocaine from Detroit to Minnesota, Dezsi said. He doesn't believe Searcy's original attorney even knew about it, even though information is publicly available online.
Now that Smothers' confession alleges he killed Segars because he was known to have dealt drugs and carried a lot of cash, Deszi feels that information would be important for a jury to hear.
Kenny has scheduled another evidentiary hearing for 9 a.m. Monday, April 2. It's unknown when he'll determine whether the new confession and other evidence is enough to give Searcy a new trial.
It was dusk on a clear night in early September, 2004. Conner Street in east Detroit near Coleman A. Young International Airport was packed with people, many of whom were attending the Black Party, a club event that drew attendees wearing expensive clothes and driving flashy cars.
According to several witnesses who testified at trial, thick traffic slowed to near a crawl.
Police believe Searcy planned to kill a man named DeAnthony Witcher, with whom he'd had a long-standing feud stemming from an argument over money Searcy lost to Witcher while gambling.
Witcher told the jury Searcy shot him once before in 2003 and threatened to "get him at the club."
Witcher was offered immunity in another criminal case in exchange for testifying against Searcy.
But in what investigators believe was an attack intended for Witcher, Searcy mistakenly killed Jamal Segars, and wounded Brian Minner, who were in a car similar to Witcher's, prosecutors said.
Police said Searcy walked from the rear of a 2004 silver Corvette, it's convertible top rolled down, and opened fire from behind.
Witcher also drove a Corvette and was nearby when the shooting occurred, except his Corvette was a blue 1998 model.
In police investigative notes provided to MLive by Searcy, a detective wrote at the time that officers chased the shooter, but were later unable to ID Searcy in a photo lineup.
Four other witnesses, however, did ID Searcy in court.
"I told that mother f***er I would get him," Latasha Boatright, a friend of Witcher who lived near the scene, said she heard the shooter say. She later identified Searcy as the shooter in a photo lineup.
Contacted by MLive after Searcy filed a motion for relief, Boatright said it's been over a decade since she thought about that night.
Boatright remembers being a reluctant witness, but Detroit police detectives canvassed the neighborhood near the shooting and soon ended up at her doorstep on Conner Street.
"I was pregnant with my daughter when this happened ... " Boatright said. "Detectives, they literally, basically threatened and scared me into testifying against (Searcy)."
Boatright remains convinced Searcy is the killer, but also claims Detroit police pressured her at the time.
Detroit police, according to Boatright, threatened imprisonment, said they'd arrange for Child Protective Services to take custody of her unborn baby and offered a "snitching check."
Boatright says that despite the offer, she was never paid for her testimony by Detroit police.
"I did see what I saw, but at the same time, I didn't want any part of that," Boatright said. "It wasn't even about no money for me; they forced me to do it."
The Detroit Police Department spent more than a decade, from 2003 until 2014, under federal Department of Justice oversight after an investigation revealed numerous police abuses, including a practice of detaining witnesses during investigations of serious crimes.
Boatright, however, stands by her testimony, calling Searcy a remorseless "menace to society," and she believes he should remain behind bars.
"If you kill once, you'll kill again," she said. " ... You were coldblooded killer. It's not an accident."
Boatright says she saw Searcy come up from behind the stopped Corvette that Segars was driving and open fire.
"Every bullet he had in that gun was let loose in that car," she said. "He ran passed my house. It was like we contacted eyes but we didn't contact eyes.
"People scatter everywhere. Me and my people we went into the house."
Smothers' version:
Contradicting what police and prosecutors argue, Smothers says the killing was actually a botched robbery targeting a known drug dealer perpetuated by himself and an accomplice.
The alleged accomplice, however, was killed a short time later, on Sept. 21, 2004.
Smothers said he and his partner approached Segars, known on the street as "Q," and another man sitting in the silver Corvette on Conner Street.
Segars was a "certified 'Dope Boy' from the Buffalo Projects off Nevada," Smothers wrote in his signed affidavit filed in court.
"Him and his brother, 'Walla,' was getting money for real," the affidavit says. "I had been on these boys trail for six months (straight), tracking they every move.
"The only thing about these two boys was their crew, they stayed 20 deep. It was me and (my partner's) goal to catch these two boys solo I could easily get 20 or 30 thousand from either brother's pocket."
Smothers claims he fired six shots in total, including a fatal shot to Segars' head. He pulled $300 in cash from his hand before running back to Jeffrey's car and fleeing.
Smothers has sent letters to reporters, police and politicians since confessing to the killing in an effort to have Searcy freed.
Smothers also gave a recorded jailhouse interview professing details of the killing to Scott Lewis, a former investigative TV reporter in Detroit, who was hired by Searcy.
In the phone interview, Smothers said he spent time in the same prison as Searcy, whom he knew by the street name Skinny Man, and learned through other inmates Searcy was serving time for the murder he'd committed.
Smothers said his initial letter to Searcy was unprompted, that he was never paid or bribed and is willing to testify under oath in court if necessary."
The entire story can be read at:
https://www.mlive.com/news/detroit/2018/04/judge_wants_closer_look_at_bul.html
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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;-----------------------------------------------------------------FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project;—————————————————————————————————FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true! Christina Swarns: Executive Director: The Innocence Project;
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