Council member Adams explains why she didn't support amicus brief in Kalvin Michael Smith case

When the public safety committee of the Winston-Salem City Council met in July, it appeared that a majority of members were on board with a request by the Silk Plant Forest Truth Committee to file an amicus brief requesting a new trial for Kalvin Michael Smith.

Derwin Montgomery and James Taylor Jr., who respectively represent the city’s East and Southeast wards, said they supported they supported the idea of the city filing an amicus, or “friend of the court” brief.

Denise D. Adams, their colleague from the North Ward made a statement that, at least on its face, appeared to align with Montgomery and Taylor’s position.

“There comes a time when we must do what is just and right,” she said. “We have to use our political will to always right injustice.”  

Others who made statements suggesting an inclination to intervene on Smith’s behalf included Mayor Pro Tem Vivian Burke and South Ward Councilwoman Molly Leight. Montgomery and Taylor stood firm, but the majority eroded. The council ultimately decided in closed session against filing an amicus brief and issued a statement from City Attorney Angela Carmon articulating that “the city council’s opinion on the merits of Kalvin Michael Smith’s petition for a writ of habeas corpus would not be legally relevant to the federal court’s review of the petition.” 

Adams said in an interview today that she decided to follow the city attorney’s advice. 

“As a city we have done several things such as in the process of this whole ordeal one of them was adopting the resolution in ’07 in establishing the Silk Plant Forest Citizens Review Committee,” said Adams, who was elected to the council in 2009. “That was a milestone. We hired two detectives to open up the case. We used our investigative authority to compel Detective DR Williams to present testimony to the council.” 

Adams indicated that she believes her support for the decision by the majority of council in closed session is consistent with her previous statement advocating using “our political will to always right injustice” during an open meeting of the public safety committee. 

“I can quantify reports, and there were several things that we’ve done to assist the justice process,” she said. “It’s not like we locked down the door and said, ‘We are not going to do anything.’… We’re providing all these pertinent pieces of documentation. What does that say about us that we’re doing nothing and we don’t care? Mr. Christopher Swecker [a retired FBI consultant] said that we implemented investigative techniques that exceed the FBI.”

Citizens group asks judge to look at report in Kalvin Michael Smith habeas case

The The Silk Plant Forest Truth Committee filed a "friend of the court" brief (link) in federal court today, calling US District Court Judge Catherine C. Eagle's attention to a report by retired FBI Assistant Director Christopher Swecker's report calling for a new trial for Kalvin Michael Smith.

The "friend of the court" brief references a key conclusion of the Swecker report (link) that "due to the flawed nature of the original investigation only a new trial that considers the full record and evidence not available, misrepresented or omitted in the original trial will provide the full measure of justice the community of Winston-Salem and every accused defendant deserves."

The Silk Plant Forest Truth Committee has requested that the Winston-Salem City Council intervene in the case by filing a "friend of the court" brief with the federal courts requesting a new trial for Smith. The council discussed the request in closed session with City Attorney Angela Carmon on Monday, but adjourned without taking any action. Council plans to take up the matter in closed session again on Aug. 6.

   Smith was convicted in 1997 of brutally beating Jill Marker, an employee of the Silk Plant Forest store. Based on a 2004 investigative series by the Winston-Salem Journal, a report by a citizens committee empaneled by the Winston-Salem City Council and Swecker's review, many believe that Smith's conviction was a miscarriage of justice. Critics point to critical evidence that was overlooked, key witness testimony that was coached and subsequently recanted, and an interview with the victim that was conducted under inappropriate circumstances. 

Smith has a habeas corpus motion pending in federal court. 

The decision today by the Silk Plant Forest Truth Committee to intervene in the case ensures that the judge is aware of Swecker's review and recommendations, but also potentially reduces the impact of a possible future motion by the city, which is believed to have the most ability to persuade the judge. But getting the Swecker report to Judge Eagles might resolve a dilemma about whether the city council should submit additional documentation to the court. 

If the city council were to submit the report of Silk Plant Forest Citizens Review Committee — a body distinct from the truth committee — which said it "does not have confidence in the investigation, the information in question, or the result of the investigation," it would likely aid Smith's prospects for a new trial. But the council might also decide to forward a recent report by the Winston-Salem Police Department recommending that the case remain closed, which could muddy the water. A lot is riding on how the city intervenes, if at all, and what and how much information it chooses to share with the judge. But, if nothing else, the truth committee's action today ensures that Judge Eagles has an unequivocal recommendation based on a thorough review by a law enforcement veteran with impeccable credentials. 

The amicus, or "friend of the court" brief reads, 

The [Silk Plant Forest Truth Committee] represents that its limited participation will not prejudice any party nor delay the hearing on this matter. The submitted material does not directly support either party's position in the cast, but he SPFTC believes that it is highly relevant to the plaintiff's habeas petition, and so believes the court may be substantively informed thereby. Furthermore, the SPFTC's interest in the matter rests on its stated objectives of an open, accountable criminal justice system, and public interest therein. 

Winston-Salem council takes no action after discussing Kalvin Michael Smith case

The Winston-Salem City Council met for about an hour and 15 minutes in closed session this evening to discuss the case of Kalvin Michael Smith, a local man who was convicted in the brutal beating of Jill Marker based on what many consider to be a deeply flawed police investigation that overlooked key evidence, coached testimony by a witness who has since recanted and an inappropriate interview with the brain-damaged victim.

Smith has been incarcerated for almost 15 years while steadfastly proclaiming his innocence. He has a habeas corpus appeal pending in federal court. The council is considering whether to intervene in the legal process in some manner.

The Rev. Kelly Carpenter, co-chair of the Silk Plant Forest Truth Committee, urged the council to file an amicus brief, also known as a friend-of-the-court brief stating that a new trial is in order.

“We ask you to convey to the court that you have no confidence in the investigation that resulted in the jury verdict in this case,” Carpenter said, “and that you believe the resulting injustice can only be remedied by a new trial.

“For those of you that understand the facts, do not let this get watered down by legalese,” he added.

The council emerged from closed session at about 9:45 p.m., but took no action on the matter. Mayor Allen Joines said council plans to go into closed session again on Aug. 6 with City Attorney Angela Carmon “at which time we hope to move forward.