WS City Council Will Not Help Man Get New Trial

WS City Council Will Not Help Man Get New Trial

August 10, 2012 |

Winston-Salem's City Council will not help one man get a new trial. Kalvin Michael Smith is in prison for the 1995 beating of Jill Marker. She was the assistant store manager at the former Silk Plant Forest store off Silas Creek Parkway and on duty during the attack. Smith maintains his innocence and he's fighting to get a new trial. Federal Judge Catherine Eagle is reviewing his case and will decide if anything new will happen. Today in a press release, the council stated it would not file an Amicus Brief showing support for Smith to get a new trial because it "would not be legally relevant to the federal court's review of the petition". Meanwhile, East Ward Councilman Derwin Montgomery opposes this position and says the city needs to publically supports efforts for Smith to get a new trial. "It is in the council's ability and duty to weigh in on this matter because the city played a role in this entire matter," says Montgomery. "And it is commonly accepted the case was handled terribly and because of that there were issues and the city through the police department contributed to those issues.”

In 2008, The Winston-Salem City Council appointed a Silk Plant Forest Citizens Review Committee to look into Smith's case. It found evidence not presented at his trial and extensive police investigation errors. The group is pushing the city to file the brief. Committee Co-chair Steve Boyd says the best way to uncover the truth surrounding Marker's beating is by giving Smith a new trial where a jury can hear all evidence. In 2008, The Winston-Salem City Council appointed a Silk Plant Forest Citizens Review Committee to look into Smith’s case. It found evidence not presented at his trial and extensive police investigation errors. The group is pushing the city to file the brief. Committee co-chair Steve Boyd says the best way to uncover the truth surrounding Marker’s beating is by giving Smith a new trial where a jury can hear all evidence. “It’s all of our business if someone spends time in prison who doesn’t belong there we all lose," explains Boyd. "As Dr. King said we’re knit together in one single garment of destiny. We cannot flourish without the contributions of everyone.” Councilman Montgomery says the city council should go on record supporting a new trial for Smith. "I think it has potential to influence the courts. But then it also shows the community that in an instance when there's some kind of injustice the city will exhaust every reasonable method to get to the bottom of an issue. Which I don't think we've exhausted every method." Smith was convicted of beating Marker in 1997. He's serving a 23-to-29 year sentence.