GIST: "Detroit City Council on Tuesday approved an $8.5 million settlement to a man who spent 27 years in prison after being wrongfully convicted of a 1994 fatal shooting.
Larry Smith was 18 when he was convicted first-degree murder, based in part on the testimony of an informant. Now 48, he was released in 2021 after his life in prison without parole conviction was overturned.
“After a thorough review of the investigation and evidence in this case, we have determined that Mr. Smith is certainly entitled to a grant of relief,” Wayne County Prosecutor Kym Worthy said in a statement to The News. “We found that the Detroit Police Department’s informant was unreliable, as well as the testimony of a key witness.”
After his release, Smith sued the city and Wayne County. Jarrett Adams, Smith's attorney, said they settled against the city because "we think it's reasonable rather than sending Larry and his family through the trauma of going through trial." But it doesn't "erase the damage that was done."
Smith was convicted in connection with the slaying of Kenneth Hayes in the early morning hours of March 24, 1994 in the 2200 block of Annabelle in Detroit.
During Smith's trial, the sole eyewitness who testified described the gait and body shape of a person who ran from the scene. No testimony established that Smith had a distinctive walk or build.
There also was no conclusive forensic evidence that linked Smith to the crime. A jailhouse informant testified that Smith had confessed to committing the slaying to him; the prosecutor's office said the informant's testimony was later discredited because it may have been "fabricated" to gain favors from police in his own case.
Smith denied making a confession to the informant and has always maintained his innocence.
Smith's conviction was overturned as a result of an investigation by the Wayne County Prosecutor Office's Conviction Integrity Unit, headed by director Valerie Newman. Wayne County Circuit Court Judge Shannon Walker signed an order that allowed the case against Smith to be dismissed and for him to be released from prison.
Detroit has been facing an onslaught of lawsuits for wrongful convictions and spent more than $20 million in settlements between 2021-2022.
Smith's agreed-upon settlement is among the highest wrongful conviction payouts for the city.
The City Council approved a $7.5 million settlement in a 2022 federal lawsuit brought by Davontae Sanford, who was 14 years old when he says he was tricked by Detroit cops into confessing to a 2007 quadruple homicide. A year prior, the council approved a $9.95 million payout to Mubarez Ahmed, who served nearly 20 years for a 2001 double homicide before he was exonerated in 2019. Ahmed's lawsuit was settled by an arbitrator.
"All settlements are agreed upon and the city settles lawsuits for one reason, which is a determination that it is the best way to resolve a suit in the best interest of the City," said Detroit Corporation Counsel Conrad Mallett Jr.
Even with the settlement with the city, Adams, Smith's attorney, said they'll continue to pursue their case against Wayne County. An earlier ruling determined the county was immune from the lawsuit because of a (Wrongful Imprisonment Compensation Act) statute.
"We are happy that we've been able to reach an agreement on behalf of Larry and his family, we are hopeful he can start the process of healing. However, he is continuing his pursuit of liability against the county because he can't fully start to part this past him until all those who played a part in his wrongful conviction are brought to justice civilly," Adams told The News.
Smith found Adams after watching him in a newscast. Adams also was wrongfully convicted at the age of 17 and served nearly a decade incarcerated before the Seventh Circuit overturned his conviction.
"I wasn't compensated and 90% of those wrongfully convicted aren't," Adams said. "...This is a bittersweet moment. He's never had what any of us have had and to be released and have to manage money or anxiety. This will help tremendously, but it can never pay to erase the damage that was done.""
The entire story can be read at:
https://www.detroitnews.com/story/news/local/detroit-city/2024/07/09/detroit-settles-8-5-million-in-larry-smiths-wrongful-conviction/74329447007/PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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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;
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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;
