Some evidence in Silk Plant Forest case was never tested, police say

Some of the evidence seized during the Winston-Salem police investigation of the 1995 Silk Plant Forest-Jill Marker assault case was never sent out for testing, Police Chief Scott Cunningham said in a statement released earlier today.

The evidence was not admitted at the trial of Kalvin Michael Smith, the man convicted of the crime, and will now be tested “to determine if it contains any identifiable forensic information,” Cunningham said.

Smith was convicted by a Forsyth County jury in 1997 of the brutal assault on Marker and armed robbery of the Silk Plant Forest shop. Marker suffered severe brain damage in the attack and now requires 24-hour care. Smith is currently serving a 23 to 29 year prison sentence. He has steadfastly proclaimed his innocence.

The evidence to be tested is comprised of Marker’s clothes, a piece of cardboard with blood and hair on it and cigarette butts found at the scene of the crime. The items are listed on inventory sheets of physical evidence seized by police investigators in 1995, which were provided to both the district attorney’s office and Smith’s defense lawyer William Speaks, Cunningham said.

“Apparently, no one ever asked that it be tested,” Cunningham said.

Cunningham announced three procedural changes to department policy as a result of the internal review. Winston-Salem police detectives will now be required to document the beginning and ending times of all taped interviews in supplemental reports, and all interviews with witnesses and suspects must be recorded and uninterrupted. Also, Cunningham has revised police procedures regarding receipt, verification and preservation of statements gathered during criminal investigations.

On Tuesday, Superior Court Judge Richard Stone ordered the full release of the Silk Plant Forest Citizens Review Committee report, including exhibits that contain information about police actions during the Silk Plant Forest investigation. Stone stayed his order 10 days to give the eight current and former WSPD officers who objected to the report's release a chance to appeal.