annotated index of ricky smith documents -...

The Street Law Clinic at Georgetown University Law Center The Innocence Project Curriculum

Annotated Index of Ricky Smith Documents

1. Police Investigation

Reports

Evie Gonzalez Police Report Police report by Evie Gonzalez implicating Ricky Smith in the robbery

Frances Verner Police Report Eyewitness account of Frances Verner, the victim’s wife, describing the crime

Ricky Smith Police Report Report given by Ricky Smith denying involvement

Forensics

Certificate of Analysis – DNA An official analysis of the DNA collected at the scene of the crime

Certificate of Analysis – Fingerprint An official analysis of the fingerprints collected at the scene of the crime

2. Trial Documents

Brian Carson Trial Transcript Testimony by Officer Brian Carson pinning the crime on Ricky through Ricky’s alleged confession

Evie Gonzalez Trial Transcript Testimony by Ricky’s ex-girlfriend implicating Ricky in the robbery through their conversations and by

identifying the gun used in the robbery

Frances Verner Trial Transcript Testimony by the victim’s wife including her description of the robbery and murder and the identification of

Ricky Smith via a composite sketch

Gail Early Trial Transcript Testimony by the gunshot expert claiming to have found gunshot residue on Ricky Smith’s hands

Graham Corter Trial Transcript Testimony by a police officer working on the case, explaining how Frances Verner identified Ricky Smith out

of a photo lineup

Jarred Smalls Trial Transcript Testimony by a federal inmate describing Ricky’s confession of participation in the crime. Testimony given in

exchange for a lesser sentence.

Nate Surry Trial Transcript Testimony by a neighbor of Ricky Smith implicating Ricky in the crime, perhaps for his own benefit

Ricky Smith Polygraph Report A report containing the results of a polygraph test Ricky was asked to take after his arrest

3. Post-Conviction Documents

Ricky Smith’s Full Questionnaire The full questionnaire completed by Ricky Smith containing answers to questions asked by the Innocence

Project

Blank Full Questionnaire A blank version of the full questionnaire sent by the Innocence Project and completed by Ricky Smith

Letter to Ricky from Evie Gonzalez A letter written to Ricky from Evie years after her testimony confessing that she lied on the stand out of

anger toward Ricky for cheating on her


Police Investigation

Police Reports & Forensics


METRO CITY POLICE DEPARTMENT WITNESS STATEMENT

1. NATURE OF INVESTIGATION

Homicide by Gunshot

5. DOB

1-22-67 2. STATEMENT OF [INDIVIDUAL]

Gonzalez, Evelyn

6. DATE

2-26-84 3. HOME ADDRESS

1238 G Street, NE. Metro City

7. LOCATION

Homicide Office 4. NAME OF OFFICER TAKING STATEMENT

Detective Brian Carson

8. TIME

1100 Hours

Questions by Brian Carson: Q: How do you know Ricky Smith? A: He was my boyfriend until he got picked up for this murder. Q: How long had you and Mr. Smith been together? A: About 6 months. Q: Do you have information about this crime? A: On the day before the murder, Ricky and I got into a fight because he said he wanted to rob someone and I didn’t want him to. He wanted to get a car so we could go on real dates and stuff like that. He didn’t have a job or nothing. He didn’t have much money of his own so he said he wanted to rob that yellow house on F Street, a few blocks down from his. He was planning on borrowing a gun for the friend to do the robbery. We were yelling at each other for a while that morning about it because I really didn’t want him to. I didn’t care he didn’t have a car. Q: Did you hear from Ricky again after that fight? A: No. He got picked up the next day I think. Q: Did Ricky ever carry a gun? A: Sometimes he used a .22. Q: What color was that .22? A: Black and brown. It looked like an old cop gun. Q: Were you given or promised anything for making this statement? A: No. .

I HAVE READ THIS STATEMENT AND CERTIFY THAT IT IS TRUE TO THE BEST OF MY KNOWLEDGE

evelynDgonzalez

DATE

2-26-84

SIGNATURE OF OFFICER OBTAINING THE STATEMENT

BCarson

WITNESS SIGNATURE

OTTO CHANCEY

METRO CITY POLICE DEPARTMENT


WITNESS STATEMENT 1. NATURE OF INVESTIGATION

Homicide by Gunshot

5. DOB


Verner, Francis

6. DATE


1168 F Street, NE. Metro City

7. LOCATION

1168 F Street 4. NAME OF OFFICER TAKING STATEMENT

Detective Graham Corter

8. TIME

700 Hours

This morning at about 6:15, I went outside and started my car. Then I went back inside to pack my lunch, and then went back outside at 6:30 and got in my car. Before I had a chance to shut the car door, a man appeared next to me and put a gun in my face and said ‘I am here to rob you.’ He was a black male, medium height, about 5 foot 10. He didn’t have any facial hair to my knowledge. He was wearing a winter coat that looked pretty heavy. It was a green-brown color. He was also wearing a hat and dark-colored pants and I think tennis shoes. He told me to give him my pocketbook and I tried to tell him I didn’t have any money and he could come back tomorrow after I got paid but he did not believe me and would not leave. He then started asking me who else was in my house. I initially told him no one was in the house. Then he started trying to get me to get out of the car but I refused because I was so scared of what would happen if I got out. He kept asking questions and when I told him again that I lived alone, he said we should go in. I told him I had a dog that would bark but the man was holding the gun to my head and said ‘Well if he barks, I’ll take care of him with this.’ I was so scared of the gun that I agreed to go inside. The gun was black and brown. I tried to put the car in gear to turn it off and he started getting really jumpy and started threatening me. I got out of the car and he held the gun to my back and we walked up to the house. I told him my husband lived in the house but wasn’t well when I was unlocking the door, and he said ‘If he get’s up, I’ll take care of him, too.’ Then we got inside the house and the light at the end of the living room was on and he told me to turn it off. I told him I couldn’t because my husband would notice, but he said again to turn it off. I started heading toward the light and then I heard the dog and my husband get up so I went toward my husband down the hallway and told him there was a man in the house behind me who had a gun. I told him not to do anything. But then I heard the man coming down the hallway and then he pushed me to the ground and pushed my husband into the bedroom and then I heard gunshots. The man ran back past me and out the front door and after I heard the front door slam, I ran into my bedroom and saw my husband bleeding on the ground. I called the police instantly and you all arrived very shortly after. I think I could identify the man who shot my husband if you showed me a picture.

I HAVE READ THIS STATEMENT AND CERTIFY THAT IT IS TRUE TO THE BEST OF MY KNOWLEDGE

Francis Verner

DATE

2-1-84

SIGNATURE OF OFFICER OBTAINING THE STATEMENT

Detective Graham T. Corter

WITNESS SIGNATURE

OTTO CHANCEY



DEFENDANT/SUSPECT STATEMENT 1. NATURE OF INVESTIGATION

Homicide by Gunshot

5. DOB


Smith, Ricky

6. DATE


1326 F Street, NE. Metro City

7. LOCATION

Homicide Office 4. NAME OF OFFICER TAKING STATEMENT

Detective Brian Carson

8. TIME

2200 Hours

Although Ricky Smith originally denied shooting the victim, he has since decided to come forward with the truth. He gave the following statement to the detectives: This morning, February 1, I left my house earlier for school than usual. I did this intentionally. I walked a few blocks from my house at 1326 F Street to the victim’s house on F Street. I waited outside of the Verner’s house until the lady came out to her car. I went up to her at the car and tried to force her to give me money. She didn’t give me any money, which made me very upset. I still wanted to rob them, so I took out my gun and made the lady go inside her house. I found out her husband was home which I was not happy about. I did not want to have another person see me, but when we got in the house, he did see me. I was afraid he would tell the police what I looked like and I felt like I didn’t have another choice so I ran over the lady and shot the husband in the head. Then I ran out of the house and ran up F Street away from the Verner’s and my house, toward 15

th Street, to get away from the crime. I walked around a while and was arrested

after that. Additional Questions by Detective Otto Chancey: Q: How did you know which house was the Verner’s? A: I knew which one it was because I had been there before to scope out the situation. Q: Why did you want to rob the Verner’s? A: Because I knew they had money. Q: What happened to your gun? A: I lost it somehow on my way out of the house. Q: To your knowledge, did anyone besides Mr. and Mrs. Verner see you at the crime? A: No. Q: Were you read your Miranda rights before making this statement? A: Yes. Q: Were any promises made to you in exchange for making this statement? A: No. I HAVE READ THIS STATEMENT AND CERTIFY THAT IT IS TRUE TO THE BEST OF MY KNOWLEDGE

Ricky Smith

DATE

2-1-84 SIGNATURE OF OFFICER OBTAINING THE STATEMENT

BCarson WITNESS SIGNATURE

OTTO CHANCEY

METRO CITY FORENSIC LABORATORY

CERTIFICATE OF ANALYSIS

May 31, 2012

TO: Metro City Police Department

Attention: Graham Corter Case: M849927 Victim(s): VERNER, Michael; VERNER, Francis Suspect(s): SMITH, Ricky Evidence Submitted by: Detective Graham Corter

Item #1 – Jacket with blood found at 1168 F Street, NE on February 1, 1984. Item #2 – Hair found on jacket at 1168 F Street, NE on February 1, 1984. Item #3 – Hat found at 1168 F Street, NE on February 1, 1984. Item #4 – Hair found on hat at 1168 F Street, NE on February 1, 1984. Item #5 – Blood sample of Ricky Smith from February 3, 1984.

Examiner: Dana Epstein RESULTS OF EXAMINATION: Deoxyribonucleic acid (DNA) was isolated from the above listed evidence and characterized through the polymerase chain reaction (PCR) at the following generic systems: Item Sample DQ Alpha GYPA HBGG 1 Jacket Blood 1.2, 2 B A, C 2 Jacket Hair 1.2, 2 B A, C 3 Hat NA NA NA 4 Hat Hair 1.2, 2 B A, C 5 Ricky Smith 1.2, 4 A B NA = No activity detected. Based upon the above listed results, the DNA profile obtained from the blood sample from Ricky Smith excludes Ricky Smith as a possible source of the genetic material in Item #1, #2, or #4. A DNA sampled was not detected on Item #3.


CERTIFICATE OF ANALYSIS

February 6, 1984

TO: Metro City Police Department

Attention: Brian Carson Case: M849927 Victim(s): VERNER, Michael; VERNER, Francis Suspect(s): SMITH, Ricky Evidence Submitted by: Detective Brian Carson

Item #1 – Fingerprint of Suspect Ricky Smith taken on February 1, 1984 at

12:52 p.m. Item #2 – Fingerprint recovered from recovered from the gun found at 1168 F Street, NE on February 1, 1984.

Item #1 Item #2 Examiner: Frank Erikson RESULTS OF EXAMINATION: It can be concluded that the fingerprint in Item #1 matches the fingerprint in Item #2 with 100 percent positive identification.

Trial Documents

Trial Transcripts & Polygraph Report


1

BRIAN CARSON, a witness called by Metro City, first being 1

duly sworn, testified as follows: 2

DIRECT EXAMINATION 3

BY PAULA ALPERT: 4

Q Detective, would you please state your name in a loud clear 5

voice and spell it for the court reporter, please? 6

A Brian Carson. First name I spell B-R-I-A-N. Last name I 7

spell C-A-R-S-O-N. 8

Q Where are you employed, Detective? 9

A I’m employed with the Metro City Government, the Metro City 10

Police Department, Supervising Detective of Homicide Investigation. 11

Q Detective, were you so employed in that capacity on 12

February 1, 1984? 13

A Yes ma’am. 14

Q And on that date, did you participate in obtaining a 15

statement from Ricky Smith? 16

A Yes, ma’am. 17

Q And can you tell me, at that particular time you 18

interrogated him, exactly what were your responsibilities in reference 19

to Mr. Smith? 20

A My partner Detective Otto Chancey and I interviewed him, 21

and then we took a statement from Mr. Smith. 22

Q Now, prior to Mr. Smith giving that statement, did you have 23

a discussion with him? 24

A Yes, ma’am. He was debriefed. 25

THE COURT: He was what? 26

THE WITNESS: Debriefed. 27

THE COURT: What do you mean? 28

THE WITNESS: Interviewed. 29


2

THE COURT: All right. Why don’t you use that word. 1

THE WITNESS: Yes, sir. 2

BY PAULA ALPERT: 3

Q Did you interview him by yourself at any time? 4

A Yes, with my partner, ma’am. 5

Q Yourself only, just you and Mr. Smith, one on one? 6

A Generally, we were-- 7

THE COURT: No. Do you recall whether you ever talked to Defendant 8

Smith when only you were present? 9

THE WITNESS: I can’t recall. 10

BY PAULA ALPERT: 11

Q Now, during the period that you were taking the statement 12

of Mr. Smith, you didn’t ask any questions; did you? 13

A I don’t know. I can’t recall. 14

Q Besides a few follow-up questions by Detective Chancey, you 15

were just letting him tell you the story of what happened to the 16

victim, is that correct? 17

A Yes. 18

Q And when Mr. Smith was telling you this story, what did he 19

tell you? 20

A He said that he was looking for some money and knew that 21

the Verner’s had money. He admitted he had gone by their house a few 22

times in advance to scope out their situation. 23

Q When you say scope out their situation, what is it you’re 24

referring to exactly? 25

A He meant that he had walked by the house in advance to 26

figure out how the crime could be committed. 27

Q Okay. Continue the story you were told by Mr. Smith. 28


3

A Mr. Smith said he went over to their house and tried to get 1

money from Mrs. Verner at her car, but when she wouldn’t give him 2

money, he got very upset and took her into her house to get money. He 3

hadn’t wanted to see Mr. Verner, thought he could get the money from 4

Mrs. Verner without having another person see him, but when that 5

didn’t happen, he felt that he wasn’t left with much of a choice. Once 6

he saw Mr. Verner, he became nervous that Mr. Verner was going to tell 7

the police what he looked like, so he shot him to get rid of him as a 8

witness. Then he fled the house. 9

Q During this interview, did Mr. Smith tell you where he ran 10

when he left the house? 11

A He ran up F Street, towards 15th Street, Northeast. 12

Q And when you arrested Mr. Smith on February 1st, the morning 13

of the murder, where did you find him? 14

A Heading up F Street, toward 15th. 15

PAULA ALPERT: No further questions. 16

CROSS EXAMINATION: 17

BY TRACEY ATKINSON: 18

Q Isn’t it a fact, Detective Carson, that one of your 19

responsibilities in this interrogation was to be the hard partner 20

toward Mr. Smith? Bad cop, if you will? 21

A No, ma’am. 22

Q Isn’t it a fact that during the interrogation, you would 23

stare and make gestures to Mr. Smith? 24

THE COURT: Wait a minute. That’s two questions. Break those 25

down and isolate them, please. 26

TRACEY ATKINSON: During the interrogation, you stared 27

continuously at Mr. Smith, didn’t you? 28

A No ma’am. 29


4

Q During the interrogation, you made suggestive--threatening 1

suggestions to Mr. Smith, did you not? 2

A No, ma’am. 3

Q Were you there when Mr. Smith took his lie detector test? 4

A Yes, ma’am. 5

Q Did you tell Mr. Smith that he failed his lie detector 6

test, sir? 7

A No, ma’am. 8

Q You didn’t tell him that? 9

A No, ma’am. 10

Q During any point in the interrogation, did you tell Mr. 11

Smith that you had physical evidence linking him to the murder? 12

A Not during the interrogation. No, ma’am. 13

Q You did not tell him you had his fingerprint on the gun? 14

A Not during the interrogation, no. 15

Q Did you yell at Mr. Smith at any time? 16

A No, ma’am. 17

Q Were you present when Detective Chancey yelled at him? 18

A I don’t recall that, ma’am, him yelling at him. 19

Q Do you recall a time when Detective Chancey told you he had 20

yelled at Ricky? 21

A I don’t believe he told me that. 22

Q Isn’t it a fact that you told Mr. Smith he was a liar and 23

unless he came clear, that he could get the death penalty? 24

THE COURT: No, that’s two things. 25

TRACEY ATKINSON: I’m sorry, Your Honor. 26


Q Didn’t you call Mr. Smith a liar? 28

A No, ma’am. 29


5

Q Didn’t you threaten that he would get the death penalty if 1

he didn’t come forth with what you thought was the truth? 2

A No, ma’am. 3

Q Didn’t you slam Mr. Smith against the wall? 4

A No, ma’am. 5

TRACEY ATKINSON: Would the Court indulge me, please, Your 6

Honor? 7

THE COURT: Yes. 8

(Pause.) 9


Q Did you slam Mr. Smith down in the chair while he was 11

handcuffed? 12

A No, ma’am. 13

TRACEY ATKINSON: No further questions, Your Honor. 14

THE COURT: Anything on redirect? 15

PAULA ALPERT: I have no questions. 16

THE COURT: You may step down. 17

THE WITNESS: Thank you. 18

(Whereupon the witness was excused.) 19

20


6

EVELYN GONZALEZ, a witness called by Metro City, having 1

been so duly sworn, testified as follows: 2


BY PAULA ALPERT 4

Q Good afternoon. Could you first give us your full name? 5

A Evelyn Gonzalez. I go by Evie, though. 6

Q Could you spell it for the court reporter? 7

A E-V-E-L-Y-N G-O-N-Z-A-L-E-Z. 8

Q Do you know someone by the name of Ricky Smith? 9

A Yes. 10

Q And how do you know Ricky Smith? 11

A He was my boyfriend. 12

Q Could you tell us how old you are? 13

A 17. 14

Q You say he was your boyfriend. How long had you been 15

boyfriend-girlfriend with Ricky Smith? 16

A About six months. 17

Q And when was the last time you saw Ricky Smith? 18

A The day before the murder. 19

Q January 31st, 1984? 20

A Yes. 21

Q All right. Do you remember what time of day it was? 22

A It was the morning. 23

Q Do you remember anything that happened between you and 24

Ricky Smith on that morning? 25

A Yes. We fussed and then he left out the house about 7:30 26

that morning. 27

Q What were you fussing about? 28

A A robbery. 29


7

Q A robbery? 1

A Yes. 2

Q What kind of robbery? 3

A He wanted to rob someone, and I didn’t want him to. 4

Q He wanted to rob someone? 5

A Yeah, he wanted to get a car so we could go on real dates. 6

But he didn’t have the money. 7

Q So he said he was going to rob someone? 8

A Yeah, that yellow house on F Street. 9

Q Did you know which house he was speaking about? 10

A Yeah. It’s between 11 and 12 on F. 11

Q How did you know that’s the yellow house Ricky meant? 12

A Because he’d shown it to me before. 13

Q And that morning, how angry were you with Ricky? 14

A I was real mad. He was real mad. 15

Q Did you see Ricky Smith at all anymore that day, January 16

31st? 17

A No. 18

Q What about the next morning? 19

A No. 20

Q Do you remember what you did that next morning, February 21

1st? 22

A Yeah, I got up and stayed in the house and looked at the 23

T.V. all day long. 24

Q So you didn’t go to school that day? 25

A No, I didn’t. 26

Q Can you tell us why you didn’t go to school that day? 27

A I just didn’t go. I was still upset about my fight with 28

Ricky. 29


8

Q Okay. Did you go to school the next day, February 2nd? 1

A Yes. 2

Q What time do you go to school? 3

A Around 7:30. 4

Q Do you remember going to school that day? 5

A Yes. 6

Q Had you, the night before, watched the news at all? 7

A No, I didn’t. 8

Q Were you aware the night before that anything had happened 9

to Mr. Verner? That he had been killed? 10

A No. I wasn’t. 11

Q Or that anyone had been killed in the neighborhood? 12

A No. 13

Q Did you know about the murder when you went to school the 14

next morning? 15

A No, I didn’t. 16

Q Did you talk to anybody at school about it? 17

A No. 18

Q When did you first hear about Mr. Verner’s murder? 19

A That afternoon. 20

Q That was after you came home from school? 21

A Yes. 22

Q Do you remember how you heard about it? 23

A Around 3:30, the kids come home from the middle school. 24

They were sitting near my window talking about it. 25

Q Do you remember what you heard about it? 26

A Yes. 27

Q What? 28


9

A That the police was going around asking questions about 1

Ricky, and that they found Ricky’s fingerprints on the gun or 2

something. 3

Q When you say “the gun,” what gun do you think they were 4

referring to? 5

A A .22 that Ricky sometimes used. 6

Q Why do you think that? 7

A Because they said it was black and brown and that it looked 8

like an old cop gun. 9

Q Ricky sometimes used a gun that had this description? 10

A Yeah. 11

Q Did he own this gun? 12

A No, he didn’t have his own gun. 13

Q Do you know who the gun belonged to? 14

A Nah. Ricky would never tell me. 15

Q When you heard the kids talking about this crime, did you 16

say anything to them? 17

A No, I didn’t say anything. I just listened. 18

Q Where were you? You were in your apartment? 19

A Yes. 20

Q And where were they? 21

A On the side of my apartment. It has a window, and all the 22

kids hang around outside my window. And when they talk, my window is 23

right up there and you can hear everything they say. 24

Q I’m sure the jury must want to know why it was you decided 25

to come down and tell us what you told us. 26

A Because, see, I been knowing Ricky a long time, and he do a 27

majority of little things, robbing for some sodas, stealing a few 28

bucks off people, stuff like that. But I never thought he was capable 29


10

of doing this. But it seems that he did, and it’s not right. I mean, 1

even if he was going to steal big time from them, he didn’t have to do 2

what he did to that man because he’s got a wife and stuff, and now she 3

don’t have no husband. And see, what he did, he should have to pay for 4

it because he shouldn’t have done that. 5

PAULA ALPERT: No further questions. 6


Q You testified that on January 31st you were in a fight with 8

Ricky Smith. 9

A Yes. 10

Q And you say that the fight was over the fact that he wanted 11

to rob someone? 12

A Yes. 13

Q Ms. Gonzalez, were you mad at Ricky Smith about anything 14

else? 15

A No. 16

Q Had you had a fight about another girl Ricky might have 17

been interested in? 18

A No. 19

Q You had not fought about another girl you thought Ricky was 20

interested in? 21

A No. Nothing like that. 22

Q Ms. Gonzalez, is it your testimony that you did not speak 23

to Mr. Smith after again that conversation on January 31st? 24

A Yes. 25

Q And have you spoken to him between the time he was arrested 26

and today? 27

A No. 28

Q Have you exchanged letters with him? 29


11

A No. 1

Q Have you visited him? 2

A No. 3

Q So you never had a chance to ask him if killed Mr. Verner, 4

is that correct? 5

A Yeah. 6

Q Yes, that’s correct? 7

A Yes. 8

Q Okay. And remind me again, when was the first time that you 9

found out Mr. Verner had been killed? 10

A February 2nd. 11

Q Was that as a result of a conversation that some kids had 12

outside your apartment window? 13

A Yeah. 14

Q On February 2nd? 15

A Uh-huh. 16

Q Is it your testimony that you also heard some children 17

outside your window talking about Ricky being connected to the murder? 18

A Yes. 19

Q That would have been about 3:30 in the afternoon on 20

February 2nd? 21

A After the kids came home from school. 22

Q And they were talking about a gun? 23

A Yes, a black and brown cop gun. 24

Q And you testified that you believed them to be speaking as 25

though the gun belonged to Ricky? 26

A Yes. 27

Q And how do you know that? 28


12

A Because they said the gun was black and brown and Ricky 1

used a .22 that looked just like that. 2

Q But did they say the gun belonged to Ricky? 3

A Well, no, but his prints was on it. 4

Q But you didn’t actually hear them say they had knowledge of 5

the gun belonging to Ricky. 6

A No. 7

TRACEY ATKINSON: No further questions. 8

REDIRECT EXAMINATION 9

BY PAULA ALPERT: 10

Q Ms. Gonzalez, based on what you heard about the gun found 11

with Ricky’s prints on it, can you tell us again why you believed that 12

it was Ricky’s? 13

A Because the kids was saying that the gun was black and 14

brown. And they said it was a .22. That’s the gun Ricky sometimes 15

used. I know that’s the gun he sometimes used. 16

PAULA ALPERT: Nothing further. 17

TRACEY ATKINSON: Nothing further. 18

THE COURT: You’re excused, Ms. Gonzalez. Thank you. 19


21


13

FRANCIS VERNER, a witness called by Metro City, having 1

being so duly sworn, testified as follows: 2


BY PAULA ALPERT: 4

Q If you will, tell the jury your name, please. 5

A Francis Verner. 6

Q If you will direct your answers not to me, but to them. 7

How old are you? 8

A 47. 9

Q Where were you living on February 1st of this year? 10

A 1168 F Street, Northeast 11

Q Let me go back a minute? Do you work? 12

A Yes. 13

Q Where are you working? 14

A Metro City Hospital. 15

Q What do you do now? 16

A I work at a private doctor’s office. 17

Q Who did you live with at that address on F Street? 18

A My husband. 19

Q How old was he? 20

A 49. 21

Q You don’t live there any more? 22

A No, I don’t. 23

Q Was anyone else living there at the time? 24

A No, ma’am. 25

Q Now, on that date, will you tell the jury exactly what 26

happened. 27

A At the time, I was working 7:00 to 3:00. At about 6:15 I 28

went out and started my car. 29


14

Q 6:15, are we talking about morning or evening? 1

A The morning. I went out and started my car and went back in 2

to pack my lunch. I had fixed a glass of tea to take with me. I went 3

about 6:30 outside to leave to go to work. I had put my pocketbook in 4

the passenger seat, my lunch in the floor, and when I was trying to 5

put the glass of tea between the two seats, I heard a noise from the 6

side, and when I looked up, there was a gun in my face, and somebody 7

said don’t scream, I am here to rob you, and I have a gun. 8

Q Was your door open? 9

A Yes. I hadn’t closed the car door yet. 10

Q What did the person say then? 11

A He asked me to hand him my pocketbook. I told him I didn’t 12

have any money, today was payday, that I get paid on the 1st. I said if 13

you come back in the morning, I will give you my whole check tomorrow. 14

Q Where was the gun at this time? 15

A Like right here where the microphone is, the side of my 16

face. And he says, do you think I am stupid, I will leave and you will 17

call the police and I will be back and they will come and get me. And 18

I said, no, I won’t do that, I will just give you everything, just 19

leave me alone, don’t do anything. And, he started asking me questions 20

about who was in the house. 21

Q What did he ask you? What did you say? 22

A He asked who was in the house. I told him no one. 23

Q Was that the truth? 24

A No, my husband was in the house in bed asleep. 25

Q Why did you say no one? 26

A Because I didn’t want anything to happen to my husband. I 27

just wanted the situation to stay where it was, try to take care of it 28

there. And, he asked was anybody in there and I told him no. He asked 29


15

a couple of times about that and I kept telling him no. And then he 1

asked me to get out of the car, and I told him if I leave my car here 2

my neighbors will notice I haven’t left for work, something will be 3

different and they will come and see what’s going on. 4

Q Why did you say that? 5

A Because it is true. I have a couple of neighbors that leave 6

at the same time and I knew that, and also I just wanted it to stay 7

where it was. I had a better chance sitting in my car than I did 8

getting out and leaving because he could easily take me elsewhere. 9

Q What happened then? 10

A He told me to let him in and I said no. 11

Q Let him in? 12

A The car, the other side of the car. And I said no, I can’t. 13

I said if you see the other side of the car has been wrecked, I can’t 14

open the door, and he asked me to get out of the car again and I said 15

no. And, he started asking questions again about who was in the house, 16

did I live alone. I said yes, and then he says, well, let’s go in. 17

Q Where was the gun during this conversation? 18

A The whole time it was at the side of my face. I was sitting 19

in the car seat and he said let’s go in and I told him that I had a 20

dog, that I would have to get the dog because he would bark and I 21

would have to put him up. He says, if he barks, I will take car of him 22

with this. And, he moved the gun. And, I went to turn the car off, and 23

I have to put it in gear. He got jumpy. He says, don’t you try 24

anything, I don’t know anything about your car. And, I said, I have to 25

put it in park to turn it off, and I turned it off and I grabbed my 26

pocketbook, took my house keys, and I don’t know who closed the car 27

door. I guess I did. And, we started walking up towards the house and 28

he had the gun in my back the whole time we were walking up. When we 29


16

got on the porch, as I was unlocking the door, that’s when I told him 1

my husband lived there. I said, he isn’t well and is very tired, he 2

stays in bed most of the time. He says, well, if he gets up I will 3

just take care of him, too. 4

Q Was that true about what you said about your husband? 5

A No. He was more active than I am. I just didn’t want him to 6

do anything to him. And, he says, I will just take care of him as 7

well. We went into the house. There is a light at the end of the 8

living room and he says, turn the light off. I said I can’t, because 9

he will get up and he will notice that the light is off. I always 10

leave it on. He turns it off when he gets up. He said, turn it off. I 11

said, I can’t. I went towards the light and put my pocketbook down and 12

he was behind me the whole time. At that time I heard the dog jump off 13

the bed in the back of the house and then I heard my husband move. So, 14

I stepped from the living room into the hallway and I saw my husband 15

at the end of the hallway at the bedroom door. At that time the dog 16

went past me towards him, went after him. I didn’t see him after that, 17

and I down the hallway to my husband and told him there is a guy 18

behind me with a gun, he is trying to rob me, just don’t do anything. 19

At the time, I hear him coming up behind me in the hallway. He grabs 20

my shoulders and pushes me onto the ground and pushes my husband into 21

the bedroom. I heard gunshots. Then he runs past me on the ground. At 22

that time I heard the front door slam and I ran back into the bedroom 23

and saw my husband lying on the ground bleeding. I ran into the living 24

room. The dog was running around and I called the police. 25

Q Let me go back a minute. When you were in the car, what was 26

the lighting out there? 27


17

A It was early morning. It was quite well, because my car was 1

parked behind my husband’s and there was a street light right in front 2

of our home. 3

Q How long would you say, a period of time, if you can, you 4

were with the defendant? 5

A At least 15 minutes. 6

Q Did you call the police after he left? 7

A Yes. 8

Q How long did it take the police to get there, would you 9

say? 10

A They were right there. No more than five minutes. 11

Q Did you tell the police what happened. 12

A Yes. I had a house full of police officers, detectives, I 13

gave them a full description. Some of them left and I told them what 14

all happened. 15

Q What was the defendant wearing? What was the person who 16

attacked you and your husband wearing that day? 17

A He had a hat on. He was wearing a heavy winter coat, 18

greenish-brown color. He had on dark pants, and I believe tennis 19

shoes. 20

Q The person that you have told us about, what they did to 21

you and your husband, do you see that person in the courtroom now? 22

A Yes, I do. 23

Q Would you point to him? 24

A The man sitting over there. 25

Q The person right here? 26

A Yes, ma’am. 27

Q Did you say you gave the police a description? Did you 28

prepare a composite with the police? 29


18

A Yes. Later that same day, Detective Carla Offstreet came 1

over and we did a composite. 2

TRACEY ATKINSON: I have seen the composite, Judge, and I 3

have no objection. 4

Q If you will look at this and tell the jury whether you can 5

identify it? 6

A Yes. That’s the one I gave. 7

Q Tell the jury how you prepared that, what procedure you 8

went through, what you had to do to prepare that composite picture? 9

A There is a book and they have a section of noses, eyes, the 10

face, ears, hair, eye shape. 11

Q How many of those, approximately? 12

A There is at least three to four front and back pages. 13

Q Three or four noses on a page? 14

A Pages of them. There is like six on a page and you pick the 15

one that gives the closest, or the one, and you tell her. She gets the 16

number. There is a box. They have all of them singly, each one, in a 17

box, and she puts it all together. 18

Q Who is she put is? 19

A Detective Carla Offstreet did that. 20

Q How does she know which nose to put on? 21

A The one I had picked has a number and would go and match it 22

from the box she had. 23

Q If you don’t see one that is like the one you saw, you pick 24

the closest? 25

A The closest. 26

Q Is that composite you prepared? 27

A Yes. 28


19

PAULA ALPERT: I ask that this be introduced into evidence 1

and shown to the jury. 2

NOTE: Received and so marked as METRO CITY’S EXHBIT NO. 1. 3

Q After you prepared the composite, did there come a time you 4

saw some photographs? 5

A Yes. She had some with her and I looked at a couple of 6

them. 7

Q She, who is she? 8

A Carla Offstreet 9

Q If you will look at these photographs and see if they look 10

familiar to you. 11

A Yes, they do. 12

Q Do they look like the photographs she showed you? 13

A Yes. 14

Q Did you pick anybody out of that? 15

A No, he wasn’t in that. 16

Q When you say he, who are you referring to? 17

A The guy that killed my husband. And, she said if I had to 18

choose one, which one would that be. But, I said, he is not in here, 19

so I couldn’t pick one. 20

PAULA ALPERT: Judge, I ask that these be introduced into 21

evidence and shown to the jury. 22

TRACEY ATKINSON: No objection. 23

NOTE: Received and so marked as METRO CITY’S EXHBIT NO. 2 24

Q If you will look at this photo spread. Were you shown this? 25

A Yes, I was. The very next day, Detective Corter and 26

Detective Offstreet had some more. He asked me to look at them. These 27

are the ones. 28

Q Did you pick anybody out of these? 29


20

A Yes, I did. 1

Q This is the photograph that you picked out? 2

A Yes, ma’am. 3

PAULA ALPERT: Judge, I would like the record to reflect 4

that is the photograph of the defendant, Ricky Smith, and I ask that 5

it be introduced into evidence. 6

Q Would you tell the jury exactly how this happened, how they 7

were shown to you? 8

A He had me turn my back, and he laid the pictures down in 9

two rows on my kitchen table. He says turn around. He says, take your 10

time, make sure. As soon as I saw the picture, I picked him out, but I 11

compared his picture to each picture to make sure it was the right 12

one. 13

Q You picked the photograph out immediately? 14

A Yes. 15

TRACEY ATKINSON: Objection, leading. 16

THE COURT: I think that was recounting. 17

PAULA ALPERT: Judge, I ask if the defendant could stand, 18

please. 19

THE COURT: All right. Stand up, please. 20

Q You have identified Mr. Smith as the person? 21

A Yes. 22

THE COURT: Be seated. 23

PAULA ALPERT: That would be all the questions. 24

THE COURT: All right, Ms. Atkinson. 25

CROSS-EXAMINATION 26

BY TRACEY ATKINSON 27

Q Mrs. Verner, I take it you were quite frightened when you 28

looked up and saw a gun? 29


21

A Yes, anybody would be. 1

Q Were you worried about your safety? 2

A Yes. 3

Q And, I take it you were also worried about your husband’s 4

safety? 5

A Very much so. 6

Q Because of that you were able to understand the 7

circumstances, you fabricated an untruth of no one being in the house, 8

then about your husband being ill? 9

A Yes. 10

Q That’s because at the time you were worried about your 11

husband. 12

A Yes. 13

Q And, you wouldn’t get out of the car for some period of 14

time because you were worried about that; is that correct? 15

A Yes. 16

Q Foremost on your mind was your safety, then your husband? 17

A Right. 18

Q You furnished a description of this individual to the 19

police, did you not? 20

A Yes, ma’am. 21

Q That being a description that he was 5 feet, 10 inches 22

tall, dark complected, no facial hair? 23

A Yes. 24

Q How long was this individual at your car? 25

A We were approximately there about then minutes, from the 26

car to the house above five. 27

Q When he approached you in the car, you were looking 28

straight ahead? 29


22

A No, I was looking down in the car and I heard something and 1

I looked up, and when I looked up, that’s when the gun was there. 2

Q After you saw the gun, where did you look? 3

A Straight ahead. 4

Q This person would be to the side of you leaning down 5

somewhat; would that be correct? 6

A Yes, standing next to the car. 7

Q What kind of car were you driving? 8

A A 1973 Volkswagen. 9

Q Where was the composite done? At your house or-- 10

A At my house. 11

Q And, I take it Detective Offstreet came in with all sorts 12

of noses and mouths and facial descriptions and you went through and 13

you picked what your description of your assailant would be; is that 14

correct? 15

A Yes, ma’am. 16

Q And, you were satisfied with that composite when Detective 17

Offstreet finished with it? 18

A Yes, ma’am. 19

Q She showed you some photographs? 20

A Yes. 21

Q Do you recall how many photographs she showed you? 22

A Ten, fifteen. 23

Q Did you tell her that anybody looked similar to the person 24

that assaulted you? 25

A Not initially. She said if I had to pick one, would there 26

be one in that pile. 27

Q Did you pick one? 28

A (Shakes head no.) 29


23

Q She and Detective Corter came back the day after that? 1

A Yes. 2

Q And, he asked--it took place in your house? 3

A Yes. 4

Q What room were you in? 5

A Kitchen. 6

Q And, he asked you to turn your back so he could spread the 7

photographs out? 8

A We were in the dining room. He made me go into the kitchen 9

doorway. 10

Q You were in the doorway between the dining room and the 11

kitchen. 12

A Right. 13

Q You did not actually leave the room? I take it you did not 14

see the photographs? 15

A I didn’t see him take them out of his case. 16

Q Did he take any statement? 17

A He told me to turn around. I turned around. He says, take 18

your time and look at them carefully. He says, if you pick one, hand 19

it to me. 20

Q Did he ever tell you your assailant was in that group of 21

photographs? 22

A No. 23

Q When you left the car, you said the gun was in your back? I 24

assume the man that assaulted you was behind you at that time? 25

A Yes. 26

Q And stayed behind you when you got to the porch and when 27

you opened the door. 28

A Yes, ma’am. 29


24

Q And remained behind you when you walked in and told you to 1

cut off the light? 2

A Yes. 3

Q At that point you had some discussion that you couldn’t cut 4

off the light because your husband was there? 5

A Right. 6

Q That was the only light on in the house. 7

A Yes, ma’am. 8

Q Do you know what a line-up is, ma’am? 9

A Yes, ma’am. 10

Q What is a line-up? 11

A Where they pick possible suspects and you have to go and 12

identify them. 13

Q And, it’s one when the actual people are present, is that 14

correct? 15

A Right. 16

Q Were you asked to identify anyone in a line-up? 17

A No, ma’am. 18

Q Changing subjects, the individual asked you if you lived 19

with anyone? 20

A Yes, ma’am. 21

Q You told him you didn’t even though you did? 22

A Yes, ma’am. 23

Q So, once again, you were trying to protect yourself? 24

A Right. 25

Q And, again, that was foremost on your mind at that time? 26

A Right. 27

Q Did he make any statement to you as you walked up the 28

walkway to your porch as to what was going to happen? 29


25

A No. 1

Q Did he say anything as to what would happen once you got in 2

the house? 3

A I just told him about the dog and about my husband. 4

Q I am sorry. I misled you. Did he make any statement as to 5

what was to happen to you or your husband after you got in the house? 6

A No. 7

TRACEY ATKINSON: Thank you I have no further questions. 8

REDIRECT EXAMINATION: 9

BY PAULA ALPERT: 10

Q You said the gun. Could you describe that? 11

A The dog? 12

Q The gun. 13

A It was a black and brown small hand-gun type. 14

Q Was it a real gun? 15

A Yes. 16

Q Have you ever seen a gun before? 17

A Yes. 18

Q You’re familiar with guns? 19

A Uh-huh. 20

PAULA ALPERT: Nothing further, Your Honor. 21

THE COURT: Anything, Ms. Atkinson? 22

TRACEY ATKINSON: I have no further questions, Your Honor. 23

THE COURT: You’re excused, Ms. Verner. Thank you very much. 24

(Whereupon the Witness was excused.) 25

26


26

GAIL EARLY, a witness called by Metro City, having been so 1


THE CLERK: You may be seated. Please state your name and 3

assignment for the record. 4

THE WITNESS: My name is Gail Early. I’m a criminalist in 5

the crime laboratory at the Baltimore City Police Department. 6

VOIR DIRE EXAMINATION 7

BY PAULA ALPERT: 8

Q Which unit do you work with? 9

A I work in the Trace Evidence Unit-- 10

Q All right. 11

A --of the laboratory. 12

Q And would you please explain to the jury, because I, 13

because I think I made a mistake and called you technician. But would 14

you explain what your duties are as a criminalist? 15

A I examine small pieces of evidence that are associated with 16

a crime to find out if the evidence has properties relevant to the 17

crime. 18

Q All right. 19

A And recently, I’ve been analyzing gunshot residue. 20

Q All right. And what is your experience analyzing gunshot 21

residue? 22

A Well, I have a, a college degree in science and a master’s 23

degree in forensic science, and I received some training on how to use 24

the gunshot residue instruments, and since then, I’ve attended two 1-25

day seminars on the gunshot residue tests. 26

Q And how long have you been testing gunshot residue. 27

A Since 1981. 28

Q All right. And do you have any teaching experience? 29


27

A When I was in graduate school, I taught one undergraduate 1

lab. 2

Q All right. And are you the member of any professional 3

societies? 4

A I’m a member of the Metro City Association of Forensic 5

Scientists. 6

Q And have you been published? 7

A I’ve published two papers on forensic science, and one on 8

drug analysis. 9

Q Okay. And, ma’am, have you been qualified in the Metro City 10

Superior Court as an expert witness in gunshot residue analysis? 11

A Yes, I have. 12

Q All right. 13

PAULA ALPERT: Your Honor, at this point in time, I would 14

offer Criminalist Gail Early as an expert in the analysis of 15

gunshot residue. 16

THE COURT: You want voir dire? 17

TRACEY ATKINSON: No questions. 18

THE COURT: She may testify as an expert in the area. You 19

may continue. 20


BY PAULA ALPERT: 22

Q Now, would you explain to the jury what the test for the 23

gunshot primer residue is? If you could just give a general 24

characterization. 25

A When a bullet is fired, the firing pin mashes against the 26

primer cap which has a chemical in it which explodes. The explosion 27

ignited the gunpowder which causes a bigger explosion and that forced 28

the bullet out of the barrel of the gun. 29


28

Q And can you describe what happens during that explosion? 1

A The chemicals, the gunpowder and the primer, form little 2

specks of dust after they explode and they leak out of the breach of 3

the gun. All the leaks and crevices in the gun where there are cracks, 4

there’s a -- because of the explosion, the particles of dust come out 5

and they get on the hand or wrist of the shooter. 6

PAULA ALPERT: Can you point on your own hand? 7

THE WITNESS: -- the back of the thumb, the side of the 8

forefinger, or the wrist. And that’s where we search for gunshot 9

primer residue. There are little tiny specks. They’re microscopic and 10

invisible to the naked eye. 11

PAULA ALPERT: 12

Q And how do you look for these specks when you analyze? 13

A Well, the crime lab technician, has a special sampling 14

device with sticky tape on it, and it’s a small circular disk of 15

metal. And he tabs the hand of the subject of the test. And it has a 16

sticky tape on the little metal disk, and small pieces of dust that 17

are present on the, on the skin is picked up by this sticky tape. 18

I take that sampling device, put it in the microscope. This is an 19

electron microscope, a magnification of several thousand, and we look 20

for the teeny little particles. And the particles of gunshot primer 21

are unique and tell us than an explosion has occurred in a gun near 22

this person’s hands or wrists. Either the person fired the gun or his 23

hand was right close to the gun. 24

Q All right. Now, I want to ask you more specifically, did 25

you perform the analysis, the gunshot primer residue analysis on the 26

kit that was recovered from the wrists of Ricky Smith? 27

A Yes, I did. 28


29

Q All right. And this is the report of the results of the 1

gunshot residue analysis? 2

A Yes, on Ricky Smith. 3

Q All right. And on the report you have a correction as to 4

the date that the kit was recovered from the wrists of the Defendant. 5

The report indicates February 1st of 1984, but below that you have 6

written -- And are these your initials? 7

A That’s correct. 8

Q All right. And what I’d like to know is what were the 9

results of your findings as far as the presence of gunshot primer 10

residue? 11

A The results of my test on the subject, Ricky Smith, was 12

gunshot primer residue were found on the sample taken from his right 13

wrist and gunshot primer taken from his wrist hand, also. 14

Q Can you characterize the amount of gunshot primer residue -15

- Can you characterize the amount of gunshot primer residue that you 16

found on the right wrist and the amount that you found on the left 17

wrist? 18

A Yes. I found a lot of both wrists. 19

Q Okay. And what would that indicate to you? 20

A The results were the same as the test that we perform in 21

the laboratory on people who have just fired a gun. 22

Q What did the results that you found appear to indicate to 23

you about the source of gunshot residue and why? 24

A Due to the large amount of gunshot primer residue on the 25

subject’s wrists, it’s the same quantity as we have found when we 26

perform test firings in the laboratory on, on subjects. The same 27

amount was found as if a person had fired a gun. 28


30

Q Can you say whether this amount of gunshot residue that you 1

found would be consistent with any other source, any other way that 2

the person obtained gunshot primer on his wrists? In other words--do 3

you understand what I’m asking you? 4

A Yes. 5

Q In other words, would the person--would it be likely that 6

the person has a positive gunshot residue, primer residue of this sort 7

from another way besides having shot the gun himself? 8

A It’s possible that, that a person could get this amount of 9

gunshot primer residue on their wrist if they had their hand near the 10

muzzle of the gun when it went off, also. 11

Q Okay. Can a person, can a person get a positive gunshot 12

residue result from also touching the body of a victim where a bullet 13

has entered the victim’s body? 14

A I can’t say it’s impossible, but it’s unlikely. 15

Q Now, I want you to explain to the jury why it would be 16

unlikely for you to get those positive GSR results with this amount of 17

gunshot primer residue in that other scenario. 18

A Well, this amount of gunshot primer residue, it’s unlikely 19

that it was transferred from another--like a secondary transfer from 20

another object, just very unlikely. Almost impossible. 21


CROSS EXAMINATION 23


Q Ms. Early, we find in your report that both wrists have 25

primer residue on them, don’t they? 26

A Yes. 27

Q A person can fire a gun with two hands. Is that true? 28

A Yes. 29


31

Q And if a person fires a gun with both hands, he or she 1

would then get primer residue on both hands or wrists, right? 2

A Very likely, yes. 3

Q On the other hand, a person can get primer residue on both 4

wrists from a transfer from the surface of an object which was 5

immediately adjacent to a firearm during its discharge within a few 6

hours of time. Is that correct? 7

A That’s a possibility, yes. But it’s highly unlikely. 8

Q How did you note, Ms. Early, as to the amount of GSR which 9

was found on either the right wrist or the left wrist of Mr. Smith? 10

A I count the number of unique particles of gunshot primer 11

residue that are found on each wrist or hand up to four or five, and 12

then I stop counting. 13

Q Do you have your numbers here? 14

A Yes, I do. 15

Q All right. And what are your numbers? 16

A Refer to my notes? 17

Q Sure. 18

A On the right wrist, I found six particles and then I 19

stopped counting because I had enough to convince me that-- 20

Q And that was the right wrist. What about the left hand? 21

A On the left wrist, I found three unique particles and I 22

stopped counting. 23

Q So, you have three particles and six particles. Is that 24

correct? That’s what your data says, isn’t it? 25

A Yes. 26

Q Now, are we talking then about you having counted thousands 27

of particles of residue on the hands of this person? 28

A Not thousands, no. 29


32

Q We’re talking about you having counted three on one wrist 1

and six on another. Isn’t that true? 2

A There were more than six. I stopped counting after six 3

because-- 4

Q You’re telling us you counted six. 5

A But-- 6

Q You’re not telling us, you’re not telling us what number 7

there is beyond six, are you? 8

A No, ma’am. 9

Q And all you’re saying is that you found gunshot residue. Is 10

that correct? 11

A That’s correct. 12

Q And it’s fair to indicate that the primer residue comes 13

from firing a gun. Is that correct? 14

A Yes. 15

Q And that firing of the gun can cause the primer residue, 16

residues to be deposited both on the victim of the firing, as well as 17

the person doing the firing. Is that correct? 18

A Yes, that’s correct. 19

Q And there can be a transference of that primer residue from 20

one person or surface to another. Is that correct? 21

A It’s rather unlikely, though. 22

Q Well, I’m asking you whether it can be true or not. Is your 23

answer yes? 24

A No. It’s rather unlikely. I’d say almost impossible. 25

Q Now, Ms. Early, are you able to, to a reasonable degree of 26

scientific certainty, indicate to the ladies and gentlemen of the jury 27

that a gun was fired from the right hand or the left hand of Ricky 28

Smith? 29


33

A No, I cannot. 1

TRACEY ATKINSON: Then I have no further questions. 2

THE COURT: Ms. Alpert? 3

PAULA ALPERT: Yes. 4


BY PAULA ALPERT: 6

Q Now, I want you to just show the--I want you to, just using 7

your hands--You can use this as your--to pretend you have the gun. And 8

I want you to just show the jury, you can use one hand if you like, 9

show the jury on your hands where you would expect gunshot particles 10

to deposit on the person’s hand or wrist when they shoot a weapon, a 11

gun. 12

TRACEY ATKINSON: Objection. 13

BY PAULA ALPERT: 14

Q Does that make sense? 15

TRACEY ATKINSON: Objection, Your Honor. We already went 16

through this-- 17

PAULA ALPERT: Well, I’d like for him to just show using his 18

own hands where the gunshot primer-- 19

THE COURT: I’ll overrule the objection. 20

BY PAULA ALPERT: 21

Q Just use your own hands as if you’re firing a gun, and you 22

can show--using your other hand, show where the gunshot primer 23

residue, where you would expect it to deposit upon your hands. 24

A Pretending that this is the gun and this is the trigger 25

finger, gunshot primer residue will leak out anywhere around here onto 26

this part of the hand or sneak down to the wrist, also the back. But 27

it also comes out the muzzle, too, so it’ll be deposited around here. 28


34

We just test on the wrists, the back of the thumb and the back of the 1

forefinger and around the knuckle, and that’s it. 2

Q Okay. And is that where you found the large amount of 3

gunshot primer residue in this case? 4

TRACEY ATKINSON: Objection, Your Honor. There’s a 5

characterization in her question that was not in the answer. 6

THE COURT: Sustained. Just rephrase the question. 7

BY PAULA ALPERT: 8

Q Is that where you found the gunshot primer residue in this 9

case? Mainly, show--Is the place on the wrist, the location upon the 10

wrist where you found the gunshot primer residue in this case? 11

A Yes. 12

TRACEY ATKINSON: Objection. Objection, Your Honor. There’s 13

no way in the world he can answer that. He didn’t take the test. He 14

didn’t gather the sample. 15

PAULA ALPERT: I’ll lay a foundation then. 16

THE COURT: Lay a foundation. 17

PAULA ALPERT: Is this where the gunshot primer residue, 18

where it is recovered by a technician, is that the protocol, that it 19

would be recovered from this area that you have just stated on the 20

hands and wrists? 21

TRACEY ATKINSON: Objection. 22

THE COURT: Come to the bench. 23

PAULA ALPERT: You want Ms. Early to come up, Your Honor? 24

THE COURT: No, I do not. I want the-- 25

PAULA ALPERT: Okay. 26

(Counsel and Defendant approached the bench.) 27

THE COURT: Since when does a witness come to the bench? 28


35

PAULA ALPERT: Oh. I thought you might want to instruct her 1

of something or ask her a question? 2

THE COURT: No. 3

PAULA ALPERT: Okay. 4

THE COURT: But you did have a witness here who did the 5

swab? 6

PAULA ALPERT: Right. 7

THE COURT: And did you ask the witness where that had been 8

swabbed from? 9

PAULA ALPERT: Yes. 10

THE COURT: So, then why wouldn’t you-- 11

PAULA ALPERT: All right, that’s fine. I’ll move on. 12

THE COURT: --use that answer. 13

PAULA ALPERT: I’ll move on. 14

THE COURT: Because she didn’t really swab this person. 15

PAULA ALPERT: Okay, I’ll move on. 16

THE COURT: It becomes an important issue in this case. And 17

also the question what is protocol or what should be done is really 18

something you can’t ask. You can rely on the testimony of the person-- 19

PAULA ALPERT: Okay. That’s fine, Your Honor. 20

THE COURT: I’ll sustain the objection. 21

PAULA ALPERT: All right. 22

TRACEY ATKINSON: Would the, would the Court there instruct 23

the jury that it should disregard the question and the implication of 24

the question? 25

THE COURT: I’ll just say I sustain the objection and they 26

should disregard the question. 27

(Counsel returned to the trial table) 28


36

THE COURT: All right. Members of the jury, I did sustain 1

the objection, thus you should disregard the question and not guess at 2

a possible answer. You may continue, Ms. Alpert. 3

BY PAULA ALPERT: 4

Q Now, you stated when the Defense attorney probed and probed 5

that it would be unlikely that the gunshot primer residue in this case 6

was transferred from another object. Can you explain that. 7

A Gunshot primer residue does not transfer very readily. It 8

almost never transfers to the wrists. And we got the GSR from the 9

wrists, where the residue is typically found when someone uses a 10

firearm. 11

TRACEY ATKINSON: Objection again. She’s not the person who 12

took the swabs from my client. 13

THE COURT: As to what--I’m going to make it so you’re not 14

talking as to what happened in this case, correct? 15

THE WITNESS: That’s correct. 16

THE COURT: Alright. I’m going to overrule the objection. 17

You may bring out on cross what you wish. 18

BY PAULA ALPERT: 19

Q So--I’m sorry, we cut you off. You were saying that-- 20

A Gunshot residue almost never transfers from other surfaces, 21

especially not to the wrists. And that’s where we tested. 22


RECROSS EXAMINATION: 24


Q Now, Ms. Early, let me ask you this—If gunshot residue were 26

to be on mental, say a pair of handcuffs, would that transfer? Based 27

on your scientific knowledge as a forensic scientist, does metal 28

collect gunshot residue? 29


37

A No. 1

Q Well then, the final question I have for you is this. As a 2

forensic scientist, to a reasonable degree of medical certainty, can 3

you state to the ladies and gentlemen of this jury that your test on 4

either the left wrist or the right wrist of this Defendant shows that 5

he fired a firearm? 6

A It shows that he fired a firearm or that his hand was near 7

the firearm when it was fired. That’s my conclusion. 8

Q That is my question. I’m not asking for your conclusion. 9

I’m asking you to-- 10

PAULA ALPERT: Your Honor, I’m objecting to Defense 11

badgering the witness. 12

THE COURT: I’m going to overrule the objection. 13


Q Listen to my question. I’m asking you, and that’s the way 15

the question has to be phrased, to a reasonable degree of scientific 16

certainty, can you state to the ladies and gentlemen of the jury that 17

your tests in this case show that this Defendant fired a handgun or a 18

weapon with his right hand? Yes or no? 19

A I said I can answer this yes. 20

Q And you can answer it no. Is that what you’re telling me? 21

A Yes or no and not being exactly right in answering, so I 22

would--that’s why I used the longer-- 23

THE COURT: Well, the question, Ms. Early, was do you have 24

an opinion, to a reasonable degree of certainty. That’s the first 25

question she’s asking you. 26


Q Are you able to state yes? 28

A Would you repeat the question so I-- 29


38

Q To a reasonable degree of scientific certainty, are you 1

able to state to the ladies and gentlemen of this jury that this 2

Defendant on February 1, 1984, fired a handgun or, or other weapon 3

with his right hand? 4

PAULA ALPERT: Objection. 5

THE COURT: Overruled. 6

THE WITNESS: Are you saying that either--my answer can only 7

be yes or no? Is that what you’re saying? 8


Q That’s what I’m asking you. Can you give me that opinion? 10

A I can’t answer it yes or no. 11

Q Well, then you must be saying no. Isn’t that correct? 12

A No. 13

PAULA ALPERT: Objection, Your. She-- 14

THE COURT: Ms. Early, the question isn’t what your opinion 15

is, it’s whether you do have an opinion to a reasonable degree of 16

scientific probability, not what the opinion is. It’s just do you have 17

an opinion to a reasonable degree of scientific probability? 18

THE WITNESS: No, I don’t have a yes or no answer for that 19

question. So-- 20

THE COURT: You don’t know whether you have an opinion or 21

not? Not what the opinion is. 22

THE WITNESS: No. 23

TRACEY ATKINSON: That’s all I needed, Your Honor. Thank 24

you. 25


BY PAULA ALPERT: 27


39

Q Do you have an opinion as to whether it was probable that--1

Not that he fired with his right hand versus his left hand, but that 2

he fired a weapon at all? 3

A Yes. 4

Q Do you have an opinion as to that question? 5

A It’s very probable. 6

Q Very probable, and why? 7

A That he fired a gun with his--with either one of his hands 8

or that his hands were right near the gun when it went off. 9



THE COURT: You’re excused. Thank you, Ms. Early. 12


14


40

GRAHAM CORTER, a witness called by Metro City, first being 1



BY PAULA ALPERT: 4

Q Would you tell us your name? 5

A Graham Corter, Detective, Metro City Police Department. 6

Q How long have you been with the Metro City Police 7

Department? 8

A 22 years. 9

Q What is your assignment? 10

A Assistant Supervisor of Homicide Investigations. 11

Q Did there come a time when you met Francis Verner? 12

A Yes, I did. 13

Q I want to show you these two sets of photographs. If you 14

can look at each one of them, sir. 15

A This is the first group of photographs. I was present when 16

she viewed these. We went by her place at which time no identification 17

was made from the group. 18

Q You showed those to Francis Verner; is that right? 19

A Yes. 20

Q No one was identified? 21

A No one was identified in that first set of pictures. 22

Q Is there more than one set of photographs you in which you 23

were involved? 24

A Yes. In the second set that was shown to her-- 25

Q Go on, sir. 26

A This is a group of photographs I showed Francis Verner on 27

the morning of February 2nd, 1984, at which time this picture on the 28

top of the group of thirteen photographs. 29


41

Q Who is that photograph of? 1

A This is the photograph of the defendant, Ricky Smith. 2

Q Sir, how was she shown the photographs? 3

A The photographs were laid out in two rows. I laid them out. 4

I asked her to turn her head. I laid them out in the first row and 5

then the second row, and I had them numbered like they were laid out. 6

This picture of him is 5-13. I numbered them 1-13, 2-13, all the way 7

to 13-13, and they were laid out in two rows. 8

Q What did she do? 9

A She identified the picture of Ricky Smith. 10

Q Did she initial that photograph? 11

A Yes, she did. 12

Q Sir, did you determine where Ricky Smith was living in 13

February of 1984? 14

A Yes, I did, at 1326 F Street, Northeast. 15

Q How far is that from 1168 F Street, Northeast, where the 16

Verner’s lived? 17

A Approximately two blocks. 18

PAULA ALPERT: That would all the questions I have. 19



Q Detective Corter, have you ever had occasion to measure the 22

defendant’s height? 23

A Yes, I have. 24

Q How tall is he, sir? 25

A Five foot six and a half inches. 26

Q The picture of Mr. Smith that’s in the photo set No. 3, 27

when was that taken? 28

A It was taken on the 1st day of February. 29


42

Q And, Mr. Smith was living in an apartment complex, was he 1

not sir? 2

A Yes, he was. 3

Q Is that apartment complex largely occupied by black 4

families, sir? 5

A Yes, it is. 6

TRACEY ATKINSON: Thank you, sir. I have no further 7

questions. 8

THE COURT: All right, you may step down. 9


11


43

JARRED SMALLS having been so duly sworn, testified as 1

follows: 2


BY PAULA ALPERT: 4

Q Would you state your full name, please? 5

A Jarred Smalls. 6

Q And Mr. Smalls, you’re currently incarcerated in, is it 7

federal prison? 8

A Yes, ma’am. 9

Q Okay. And what’s that for? 10

A For drug conspiracy. 11

Q Okay. And where exactly is this? 12

A Virginia. 13

Q You’re in Virginia now. All right. Now, Mr. Smalls, have 14

you ever had occasion to speak with the defendant? Take a look over to 15

the left of you. 16

A Yes. 17

Q Do you recognize him? 18

A Yes. 19

Q Okay. Do you know his name? 20

A Yes. 21

Q What is it? 22

A Ricky Smith. 23

Q All right. And when did you have occasion to speak with 24

him? 25

A When he was in the Regional Jail with me. 26

Q Now, where in the jail were you when you spoke with him? 27

A F-5, first floor on F-5. 28


44

Q All right. Is that--I’m not real--I’ve never been there, 1

I’m not familiar. Is that--is it like a common area or is it all 2

individual cells? 3

A No, we got--it’s six individual cells, two to each cell. 4

Twelve (12) man--twelve (12) man dorm like. 5

Q Okay. And what, do they all open onto a center area? 6

A Yeah, yeah. 7

Q All right. And during the day, I’m talking about during the 8

day when you were in the same area with Ricky Smith, were you locked 9

up in those cells all the time or were they open? 10

A They was open. 11

Q Okay. For how long? 12

A They opened at six o’clock in the morning, close at eleven 13

o’clock. 14

Q All right. Now, how did you come to speak to Ricky Smith? 15

A He came in--he came in I think it was like on a Thursday or 16

so, Thursday, and (unintelligible). I had been there a long time and 17

me and him started conversing about everything, asking me why I was in 18

there and then I asked him about why he was in there. I told him why I 19

was in there for drugs. Then we got on--that’s how we got--started 20

talking. 21

Q Okay. And what did he say to you? 22

A He asked me--when he told me his case, I said I had a 23

cousin like that too, which I did have a cousin named Bernie was on a 24

murder case, same thing, capital murder, and I told him--he asked me 25

to run it down. I told him about Bernie and he asked could you get 26

convicted without a bunch of witnesses and I told him Bernie did it. 27

He had people coming to testify on him. That’s how he got convicted. 28

Q Okay. So then what did Ricky Smith say? 29


45

A He asked me could he get convicted without a bunch of 1

witnesses and I said the same thing apply to you, I guess. 2

Q All right. And what else did he say to you? 3

A He just told me, you know, how--how it went down, how 4

basically how everything went down with him and the incident. He said, 5

you know, I shot that man. 6

Q He said he shot that man? 7

A That woman’s husband. 8

Q Did he tell you where or anything? 9

A No, he never said--he never would--that’s why I never did 10

ask. 11

Q Okay. Did he tell you what caliber of gun that was used? 12

A It was a .22. 13

Q All right. And did he say anything about how he got away? 14

A He says he ran on foot down F Street and then just started 15

walking. He shot--he shot him and then just left out the front door. 16

Q Okay. And do you remember when this happened, 17

approximately? 18

A Yeah, ‘cause it was--it was playoff time during the NBA 19

season so it was New York and Indiana so it had to be like--yeah, it 20

had to be April--April. That’s playoff season. 21

Q Okay. All right. And let me ask you this. You’re testifying 22

today. Has anybody promised you anything for your testimony? 23

A Nothing. 24

Q Okay. Are you expecting anything for your testimony? 25

A Nothing. 26

Q You spoke with Detective Brian Carson and Detective Otto 27

Chancey, is that right? 28

A Chancey, correct. 29


46

Q Did they promise you anything? 1

A No, they didn’t. 2

Q Just one moment, Your Honor. Thank you, sir. That’s all the 3

questions I have, Your Honor. 4

THE COURT: You may cross. 5

CROSS-EXAMINATION 6


Q Mr. Smalls, you’re presently a federal inmate, is that 8

right? 9

A Right. 10

Q And do you recall when this--when this happened, when you 11

talked to Mr. Smith? 12

A It would be spring, yeah. 13

Q When was it? 14

A 1984. 15

Q And what month? Do you have any idea? 16

A I told you it was around playoff time. It had to--like 17

April, May, around that area. 18

Q Okay. And after you had--well, first off, how long were you 19

in--in the cell or the area with Ricky Smith. 20

A It wasn’t--wasn’t more than--he wasn’t in for more than a 21

day or two at the most. 22

Q One or two days? 23

A Yes, ma’am. 24

Q Okay. And you--you at that point sort of befriended him, 25

started talking to him? 26

A Right. 27

Q Okay. And did he come--did you go over to talk to him and-- 28

A Right. 29


47

Q --sort of help him out in the system. 1

A Yes, I did. 2

Q Because he was young. 3

A Yes, I did. 4

Q And you started just asking him to talk about his case. 5

A No. I didn’t ask him like--no, nothing like that. 6

Q Okay. Did he ask you about your case or did you just start 7

talking about your case? 8

A Yeah. 9

Q Yes. 10

A Yeah, I talked about mine, yeah. 11

Q Now, after you had talked to him, you contacted Ms. Paula 12

Alpert. Did you call her up? 13

A Not right after, no. 14

Q Okay. Did you call the detectives or what did you do once 15

you had your information? 16

A It took me a while. Then I called, I believe Ms. Alpert. 17

Q Okay. What did you call--make a collect call or-- 18

A No, my counsel. 19

Q Through your counselor? 20

A Yes. 21

Q Okay. So you called Ms. Alpert and then did you talk to 22

some of the detectives? 23

A No, they came. He told me that he would send somebody to 24

look further into--into it. 25

Q Okay. And didn’t you tell the investigators that--well, 26

first of all, you’re saying that Ricky Smith said that he shot a 27

woman’s husband. 28

A Right. 29


48

Q And do you recall telling the detectives that he shot him 1

in the head three times for instance? 2

A No, I didn’t. I don’t recall. 3

Q You don’t recall-- 4

A No. 5

Q --or he didn’t say that? 6

A No, I don’t recall. It was twice. 7

Q So he may have said three or two or one or four shots, 8

even, you don’t recall? 9

A Two. 10

Q You feel confident about that? 11

A Two. 12

Q Is that what you’re testifying under oath, that he said he 13

shot the man two times? 14

A Twice. 15

Q If I can just show you a document, just to see if that will 16

refresh your memory at all. 17

A Okay. 18

Q Do you want to change your testimony? 19

A No. I’m saying that was when I have it to them. 20

Q Okay. You didn’t say about the three shots he fired? 21

A Right. 22

Q So what did he say, three or two? 23

A It’s two, that’s when they got it. 24

Q Okay. So when you said three shots here, that wasn’t 25

accurate. 26

A No, it wasn’t accurate. 27


49

Q You called the detectives, and after you gave them 1

information, did you ask them that if it was possible for them to 2

speak on your behalf to the Metro City Attorney? 3

A Yeah, I did. 4

Q Okay. 5

A But they didn’t. 6

Q Excuse me? 7

A They didn’t--they didn’t talk to him. 8

Q Well, I’m just asking what you asked them. 9

A Okay. 10

Q And you specifically asked them to speak on your behalf to 11

the Metro City Prosecutor on the day you were sentenced? 12

A Yes. 13

Q Okay. And that’s when you plead guilty to the drug 14

conspiracy charges? 15

A I can’t recall. 16

Q You don’t know when you plead guilty? 17

A No, to tell you the truth. 18

Q In the time since you plead, isn’t it true you testified 19

against another person in an attempt to get a motion for substantial 20

assistance? 21

A Right, testify against one dude. 22

Q Okay. And you know what that--you know what a motion for 23

substantial assistance is, right? 24

A Yes, ma’am. 25

Q And isn’t that where your federal sentence got reduced? Is 26

that what happened? 27

A Right. 28


50

Q And in the federal government, that’s how it’s done. Once 1

you’ve plead guilty, and by testifying against somebody else, you can 2

reduce your sentence, is that right? 3

A Right. 4

Q And in fact, you’ve been doing that? 5

A I did it once. 6

Q And isn’t it true that your sentence--you were looking at 7

life in prison without parole? 8

A Right. 9

Q Plus five years for the gun charge. 10

A Yeah, for my charge--yeah, that’s what the charge carry. 11

Q Because you were a Kingpin, right? 12

PAULA ALPERT: Objection, Your Honor. 13

THE COURT: Objection sustained. 14


Q And what was the sentence you were given? 16

A Fifteen (15) years. 17

Q Okay. Now, under the federal rules, you know what a Rule 18

35B is, don’t you? 19

A Yes, I do. 20

Q And why don’t you tell the jury what that is? 21

A It’s when you come back within a year to get your time cut. 22

Q Okay. So you can further reduce your sentence if you 23

testify within twelve (12) months of your sentencing hearing, is that 24

right? 25

A I don’t know if the Metro City rules applies to the fed. 26

Q Well, when you called the--when you talked to the 27

detectives, that’s what your--that’s what you called them about, 28

right? 29


51

A When I called the detectives? 1

Q When you called Ms. Alpert and when you talked to the 2

detectives, wasn’t that for the purpose of reducing your sentence 3

potentially? 4

A Somewhat, yes, but if somebody--that could have been my 5

grandfather, your father or somebody else. I would feel somebody else 6

would do the same for me. 7

Q Right. Well, is that because you have concern for all these 8

people, is that what you’re saying? 9

A For older people, yes. 10

Q As part of your being the Kingpin, wasn’t your mother part 11

of your conspiracy? 12

PAULA ALPERT: Objection--objection, Your Honor. 13

THE COURT: I’m going to sustain the objection as to the 14

reference. 15

PAULA ALPERT: And, Your Honor, it’s prejudicial to say that 16

in front of the jury. 17

THE COURT: I did sustain the objection. 18

PAULA ALPERT: I know you did, Your Honor. 19

THE COURT: And I’ll ask counsel to disregard--not to 20

mention that again. 21


Q When you spoke to Ricky Smith, you talked about your case, 23

is that right? 24

A Right. 25

Q And you sort of explained to him how the system works, is 26

that right? 27

A Yeah. 28


52

Q And what you told the detectives, that it was a .22 caliber 1

handgun that was used, that Mr. Smith told you that? 2

A Right. 3

Q He told you that he left in a--you sort of--you said he was 4

on foot? Running? 5

A Running. 6

Q Okay. And is that what Ricky Smith said to you, I ran away 7

from the scene? 8

A He ran away. 9

Q How many separate conversations did you have with Ricky 10

during that day in prison? 11

A Probably two or three. Can’t recall, about two or three. 12

Q Thank you. No further questions. 13

THE COURT: Questions on redirect? 14

PAULA ALPERT: Yes, sir. Just a few. 15

THE COURT: Okay. 16


BY PAULA ALPERT 18

Q It’s your understanding that what you’re doing here today 19

doesn’t have any impact on federal sentencing, is that right? 20

A Right. 21

Q That’s all the questions I have. Thank you. 22

THE COURT: Anything else? 23

TRACEY ATKINSON: No, thank you. 24

THE COURT: All right, sir, you may stand down. 25


27


53

NATE SURRY, a witness called by Metro City, first being so 1



BY PAULA ALPERT: 4

Q May I proceed, Your Honor? 5

THE COURT: Yes, please. 6

Q Thank you. Would you state your full name, please? 7

A Nathan Surry. 8

Q Okay. And, Mr. Surry, how old are you? 9

A Twenty-eight (28). 10

Q I’m sorry, twenty-eight (28)? 11

A Uh-huh. (Indicating yes.) 12

Q Okay. And, Mr. Surry, you’ve been convicted of a felony, is 13

that right? 14

A Yes, ma’am. 15

Q Okay. Now, how do you know—well, first of all, do you know 16

Ricky Smith? 17

A Yes, ma’am. 18

Q Okay. Would you point him out to the Court, please? 19

A He’s right here. 20

Q Sitting with the black jacket on? 21

A Yes. 22

Q All right. And how do you know Ricky Smith? 23

A He grew up in my neighborhood. 24

Q Okay. Now, back in February of last year, how old were you 25

then? 26

A Twenty-seven (27). 27

Q Twenty-seven (27)? Okay. And did you live at home then? 28

A No, ma’am. 29


54

Q Okay. Where were you? 1

A I went to a group home that January in Metro City. 2

Q In Metro City? 3

A Yes. 4

Q Okay. Now, let me ask you this, do you remember the time 5

that you heard the defendant, Ricky Smith, discussing Mr. Verner? 6

A Yes, ma’am. 7

Q Okay. Where was that? 8

A In the park near Ricky’s house. 9

Q Okay. Do you remember when that was? 10

A That was the day before he got killed. 11

Q Okay. Now, why were you there? 12

A I was just hanging around the park and ran into Ricky. 13

Q Okay. And let me ask you this, did you know Mr. and Mrs. 14

Verner? Had you ever met them or knew who they were or anything? 15

A I had seen them around the neighborhood, but I didn’t 16

actually know them. 17

Q Okay. So it was just you and Ricky that were having this 18

conversation or was there anybody else involved that you remember? 19

A No, ma’am. 20

Q Okay. So Ricky was just talking directly to you? 21

A Yes, ma’am. 22

Q All right. What--what was said? 23

A He was talking about what he was going to do the next day. 24

Q Okay. 25

A And-- 26

Q What did you specifically hear the defendant, Ricky Smith, 27

say? 28

A Ricky said that he should pay or suffer. 29


55

Q Okay. 1

A And he mentioned using a gun. 2

Q Okay. And later on that evening, did you go anywhere? 3

A Yeah. I went to Fairfax. 4

Q Okay. And on the way to Fairfax, did you notice anything? 5

Anything stand out in your mind? 6

A I happened to drive past the Verner’s house, and I seen the 7

upstairs lights on, and I noticed Ricky standing down the street 8

watching the house. 9

Q Did Ricky see you passing by? 10

A Yes, ma’am. 11

Q And what did he say to you? 12

A Well, he was kind of mumbling to himself about finding a 13

spot to bury the gun. 14

Q Ricky said he was going to bury it? 15


Q Okay. And did you happen to see a gun while he was talking 17

to himself? 18

A Ricky had a gun in his hand. 19

Q What kind of gun was it? 20

A It was a handgun and I remember it kind of looked like an 21

old cop gun-- 22

Q Okay. What color was it? 23

A Black and brown. 24

Q All right. And then what did he do after that? 25

A He turned around and started walking away from the house. 26

Q Okay. Now, did--you told the police this, is that right? 27

A Yes, ma’am. 28


56

Q Okay. And were you totally truthful with them regarding 1

Ricky Smith during those conversations? 2

A No, ma’am. 3

Q Okay. What did you tell them that was not true? 4

A I first told them that when I drove past the Verner’s house 5

that night, I didn’t see Ricky standing there. 6

Q Why did you do that? 7

A Because I thought it would make him look less involved. 8

Q Okay. And then what led you to decide to tell them the 9

truth? What happened? 10

A They showed me a photograph of her house with the trees in 11

front of it and, you know, then I told them I did see Ricky standing 12

near the house. 13

Q Okay. Now--now these are all transcripts of your 14

statements. There’s some contained in here as well. Has anybody ever 15

let you read any of this? 16

A No. 17

Q Have you reviewed this with anybody? 18

A No, ma’am. 19

Q So if you have to read from this today, it’s going to be, 20

what, the first time you’ve seen it? 21

A Yes, ma’am. 22

Q Do you remember how many times you were interviewed by the 23

detectives? 24

A No, ma’am. 25

Q Was it--it was more than once? 26

A Yes. 27

Q Okay. Now, you’re testifying today. What are you expecting 28

in return for this? 29


57

A Nothing. 1

Q Has anybody promised you anything for your testimony? 2

A No, ma’am. 3

Q Detective Brian Carson, in your understanding of why you’re 4

here, is there anything Brian Carson said to you that would leave you 5

to believe that there’s a promise or something is going to happen 6

favorable to you? 7

A No, ma’am. 8

Q All right. What about Detective Graham Corter? 9

A No, ma’am. 10

Q Anything anybody else has said to you? 11

A No. 12

Q All right. Thank you, Mr. Surry. That’s all the questions I 13

have, Your Honor. 14



Q Is it true that the reason you initially were talking to 17

the police and saying that you didn’t even remember anything about 18

that night that you were driving to Fairfax was because you were maybe 19

concerned that you would be--were you scared they would comparing this 20

crime to the crime that you had committed in 1976? 21

A Yes. I mean, I was scared. 22

Q Okay. And that’s--that’s the reason, that’s initially why 23

you were talking to the police, because in that crime you previously 24

committed-- 25

PAULA ALPERT: Objection, You Honor. Your Honor, she can talk of--26

he can bring up on cross his prior criminal record, no question about 27

that, but she cannot go into the specifics of the crime because we 28

can’t try that here today. I’m not prepared to do that. 29


58

THE COURT: That’s an objection then, as to the details of it? 1

PAULA ALPERT: Yes, sir. 2

THE COURT: The Court sustains the objection. 3

Q But you ended up deciding it was okay to go ahead and talk 4

about Ricky Smith. 5

A Well I already served time for my prior crime, so yeah. 6

Q Mr. Surry, did you know that sometimes prosecutors and 7

judges agree to do something in return for information? Is that how 8

really you started the interview out? 9

PAULA ALPERT: Counsel, what are you referring to? 10

Q Do you recall any of the detectives saying, and if you’re 11

able to give us some information, then of course the prosecutors and 12

judges sometimes will agree to do something in return for that. 13

A Yes. 14

Q So at this time, they were asking you about if you knew of 15

anybody that was involved in any of this, is that right? 16

A Yes. 17

Q Okay. And then right after that, did the detectives bring 18

up Ricky Smith, the name Ricky Smith? 19

A I don’t know. 20

Q And going back for a second, when the--when the detectives 21

were asking you if you had seen Ricky Smith by the Verner’s, you said 22

you didn’t recall whether or not you were around the neighborhood the 23

weekend Michael Verner was killed. Do you recall saying that? 24

A No, I mean, at first I was, you know, lying to them, so-- 25

THE COURT: I think you’ll need to speak up. 26

A At first I wasn’t, you know, being completely honest with 27

them. 28


59

Q Okay. Well, I think your initial response is at first you 1

were lying to them and then you’re saying you weren’t being completely 2

honest with them, and so are you saying that you told them you didn’t 3

remember being around the neighborhood that weekend? 4


Q Is that what you told them? 6

A Yes. 7

Q And do you recall during that interview them saying that 8

although they couldn’t make any promises, that something certainly 9

could be done if you continued to talk to them and give them 10

information, do you recall that? 11

A I mean, I recall talking to them about it, but they always 12

told me that he couldn’t make any promises. Nobody could make any 13

promises about anything. 14

Q And do you recall them saying anything like depending on 15

the information something certainly could be done? Do you recall them 16

saying things like that? 17

A Yes. 18


THE COURT: Anything else from you, Ms. Alpert? 20

PAULA ALPERT: No. Thank you, Your Honor. 21

THE COURT: Thank you, sir. You are free to go. 22


24

REPORT OF INTERVIEW AND POLYGRAPH EXAMINATION

Subject: SMITH, RICKY

Examiner: PETER ECKELMAN, CPDDE

Date: 4/15/84 After being properly identified, the above-named Subject was interviewed and voluntarily took a polygraph examination on the date indicated. The examination utilized a Lafayette LX6300 polygraph which indicated and recorded on a moving chart relative changes in blood pressure, rate and strength of pulse beat, galvanic skin response and respiratory patterns. The Subject reported no disabilities which could adversely affect the results of this examination. PURPOSE OF EXAMINATION To determine truthfulness of Subject's statements regarding allegations that he committed an armed robbery and murder on February 1st, 1984. Subject denies these allegations. Polygraph data will be collected to accompany eyewitness testimony and other evidence suggesting Subject’s guilt. SUBJECT'S STATEMENTS AND ADMISSIONS Subject states that he was not aware of any armed robbery or murder as he was not in the vicinity that evening. Subject’s ex-girlfriend supplied testimony to the contrary, stating that he committed the robbery in order to purchase a new vehicle. Subject provided an alibi suggesting he was not on the scene at the time of the crime, and claims never to have seen either the victim or the victim’s wife before court proceedings. Subject believes the government is “out to get” him because of his race, and believes another individual in his

Metro City

Police Department

neighborhood committed the crimes. QUESTIONS AND RESULTS The below-indicated questions were among those asked of the Subject during the overall examination. Assume that the response given by the Subject to all questions is “no”, unless otherwise noted. After careful analysis of the Subject's polygraph charts, it is the opinion of this examiner that the Subject's individual responses to the above-listed questions resulted in the following determinations. FORMAT USED (SEE ADDENDUM FOR KEY):

(QUESTION 1) What is your name? (answer: “Ricky Smith”) RESPONSE LEVEL: 2.2

(QUESTION 2) Is your father the President of the United

States? RESPONSE LEVEL:1.0

(QUESTION 3) Did you shoot Mr. Michael Verner? RESPONSE LEVEL: 4.3

(QUESTION 4) Did you commit an armed robbery on the

evening of February 1st, 1984? RESPONSE LEVEL: 5.6

OVERALL CONCLUSION ( ) Subject may reasonably be excluded as a suspect

(X) Subject can not be excluded as a suspect (X) Additional testing may be helpful

Submitted by:


P. Eckelman Peter Eckelman Certified PDD Examiner Court-Certified Polygraph Expert

REPONSE LEVELS: [1-3] = LIKELY TRUTHFUL REPONSE [4-6] = INCONCLUSIVE RESPONSE [6-10] = LIKELY UNTRUTHFUL RESPONSE

0

1

2

3

4

5

6

QUESTION 1 QUESTION 2 QUESTION 3 QUESTION 4

SMITH, RICKY

SMITH, RICKY

Post Conviction Documents

Questionnaire & Letter to Ricky

INNOCENCE PROJECT

SCREENING QUESTIONNAIRE

NAME: Ricky Smith

PRISONER NUMBER: #5679832

DATE OF BIRTH: July 15, 1967

SOCIAL SECURITY NUMBER:

CURRENT CORRECTIONAL FACILITY AND ADDRESS:

New Columbia Correctional Center

4801 Massachusetts Ave., NW

Washington, DC 20016

CURRENT PRISON COUNSELOR: TK

COUNSELOR’S TELEPHONE NUMBER: (202) 895-4519

TODAY’S DATE: October 2, 2013

IF YOU WERE NOT CONVICTED IN VIRGINIA, MARYLAND, OR THE

DISTRICT OF COLUMBIA, PLEASE DO NOT CONTINUE. WE ARE

ABLE TO ACCEPT CASES ONLY WHERE THE CONVICTION

OCCURRED IN ONE OF THESE STATES.

WHEN RETURNING THIS QUESTIONNAIRE TO US, PLEASE INCLUDE

COPIES OF ANY BRIEFS OR DECISIONS FILED IN THE COURSE OF

YOUR DIRECT APPEALS, AS WELL AS ANY LAB REPORTS IN YOUR

POSSESSION. PLEASE ALSO SIGN AND COMPLETE THE “THIRD

PARTY CONTACT AUTHORIZATION FORM” ATTACHED TO THIS

QUESTIONNAIRE.

PLEASE COMPLETE THIS QUESTIONNAIRE AS FULLY AS POSSIBLE.

IF YOU DO NOT KNOW THE ANSWER TO A QUESTION, YOU MAY

LEAVE IT BLANK.

PART I. BASIC INFORMATION

1. List the crimes of which you were convicted (for example: murder, attempted murder, rape, etc.) Also

list your sentence for each crime:

2. Date and place of your conviction, and court case docket number:

3. Are you factually innocent of all of these crimes? If not, which crimes did you commit and which

crimes did you not commit?

4. Do you currently have a lawyer? If so, please provide his or her name, address, and telephone number.

5. Please describe what you were convicted of doing. What was the crime? What did the

prosecutors say happened? What, if anything, was your involvement in what happened? What

do you think really happened? Why? Feel free to add additional pages if necessary.

PART II: YOUR TRIAL AND APPEALS

6. Who was your trial attorney? Was he or she appointed to represent you, or did you hire him or her?

7. Where was your attorney located? Do you know where we can reach him or her today?

8. How were you convicted (circle one)?

Jury trial Judge trial Guilty plea Alford /no contest/nolo contendere plea

9. Did you appeal your conviction? If so, what was the decision?

10. Have you filed any other post-conviction appeals or petitions? If so, have they been decided? What

was the result?

11. Did any attorneys help you with your appeals or post-conviction filings? If so, please provide their

names, contact information, and an explanation of what they helped you with.

12. List all issues raised in each of your post-conviction motions or petitions (for example: ineffective

assistance of counsel, prosecutorial misconduct, police misconduct, etc.):

PART III: YOUR ARREST AND INVESTIGATION

13. How did you become a suspect in the case?

14. Describe the circumstances of your arrest: where were you and how and when did it happen?

15. What was the name of the victim(s)?

16. Did you know the victim(s)? If so, how?

17. Who were the investigating detectives on your case?

18. Did the police or investigating detective interview you before or after you were arrested?

19. How many times, and for how long?

20. Was any part of the interview(s) recorded?

21. Did you give a written statement?

22. If you gave a statement in any form, please explain why you chose to do so, and briefly describe what

you told the police.

23. Was any victim or witness asked to identify you prior to trial with a line-up or photo spread? If so,

please describe.

24. Did you take a lie detector test? If so, why and what was the result?

25. Was there anyone who was asked to identify you but could not? If so, who, when, and where?

PART IV: IF YOU PLEADED GUILTY (OR ALFORD/NO CONTEST)

(If you pleaded guilty or Alford/no contest/nolo contendere to any charge, please answer

the following questions. If you went to trial, please skip to Part V.)

N/A

26. What kind of plea did you enter (circle one):

Guilty Alford/no contest/nolo contendere

27. Did your attorney advise you take a plea bargain?

28. If yes, what did your attorney say to make you decide that a plea was in your best interest?

29. If no, why did you choose to accept the plea agreement?

30. Did you tell your attorney that you were innocent? If not, why not?

31. If the plea was in writing, did you sign it? If so, was your attorney present?

32. Did you read and understand what you were signing? If not, why did you sign it?

33. Did you ever try to withdraw your plea?

PART V: YOUR TRIAL

(If you pleaded guilty and did NOT go to trial, please skip to Part VI.)

34. Who was the prosecuting attorney?

35. Who was the trial judge?

36. Did you have any co-defendants? If so, did they plead guilty or go to trial? Were they also

convicted? Did any of them testify against you?

37. Did you testify on your own behalf? If not, why not?

38. Did any of the victims testify? If so, please list their names and any information you have about how

to contact them.

39. Did any eyewitnesses testify, either for you or against you? If so, please list their names and any

information you have about how to contact them.

40. Did any experts testify for either side? If so, who and what did they say?

41. Who else testified for the prosecution at your trial?

3)

42. Who else testified for the defense at your trial?

43. Did any police informants or snitches testify against you at your trial?

44. Did any informant or snitch who testified claim to have learned information about

your case from you while you were in jail?

45. Did any informant or snitch claim to have learned any information from you about your case

before you were arrested?

46. Did anybody testify against you in exchange for a promise of leniency in his or her own case?

47. Did anyone who testified against you, including the alleged victim, have a reason to lie? If yes,

please explain.

48. Do you have an alibi that proves you could not have committed the crime?

49. Did you attempt to prove the alibi at trial? If so, how? If not, why not?

50. Please briefly describe the make-up of your jury, including the races and genders of your jurors.

How long did they deliberate? Are there any other facts we should know about your jury?

51. Please describe the defense that you or your attorney raised at trial. (For example, if you were

convicted of rape, did you assert that the sex was consensual, or that you were wrongfully identified as

the assailant? Or did you argue self-defense, present an alibi, or raise some other defense?)

PART VI: PHYSICAL AND BIOLOGICAL EVIDENCE

52. Was any physical and/or biological evidence recovered during the investigation of your case? If so,

please describe it.

53. If applicable, was a rape kit obtained from the alleged victim?

54. Was any testing done on the evidence? If so, what kind?

55. Did you ever see a report of the test results? If so, what did it say?

56. Were the results used at trial?

57. Do you know what lab or individual conducted the test?

PART VII: CASE MATERIALS

58. Please check those documents that you can make available to us.

Hearing Transcript(s) __________

Trial Transcript(s) ____X_____

Police Report(s) (Please describe) _____X_____

Laboratory Report(s) (Please describe) _____X______

Witness Statements (Please describe) ____X_____

Other Discovery (Please describe) __________

Appellate Briefs: ***My cell got flipped in prison and everything got taken. I have some pieces left of the documents I’ve checked off above.

Appellant (defense) __________

Respondent (prosecution) __________

Appellate opinion ___________

Probation/Sentencing Report _____________

If you have checked Laboratory Report(s), Appellate Briefs (for Appellant or Respondent),

or Probation/Sentencing Report, please send these documents to us along with your

questionnaire. PLEASE DO NOT SEND US ANY OTHER DOCUMENTS UNLESS WE

WRITE BACK TO YOU AND SPECIFICALLY ASK FOR THEM.

59. If these documents are in the possession of a friend or relative, please provide us with the name,

address, and phone number of the person who has them:

60. Please provide the name and address of the person to whom we should return your documents at the

conclusion of your case screening. (If you list no one, we will return them to you.)

PART VIII: ABOUT YOU

61. What is your first language?

62. What is the highest grade you completed in school?

63. List any schools you attended after high school:

64. Did you have Special Education issues? ___ (Yes) ___ (No). If Yes, please describe.

65. Have you ever received mental health treatment? ___ (Yes) ___ (No). If Yes, please describe.

66. Prior to this conviction, had you ever been convicted of another crime? If yes, please list the dates and

offenses of which you were convicted:

67. Were you employed at the time of your arrest? If so, please provide the name, address, and telephone

number of your employer:

68. Please provide the names, addresses, and phone numbers of family and friends who might have

information regarding your case:

69. Do we have your permission to contact these people to discuss the specific details of your case?

Yes___X__ No______

If not, why not?

PART IX: POST-CONVICTION EVIDENCE

70. Has a victim or witness come forward to exonerate you since your conviction? Yes__X No_____

71. If yes, who? How and why has his or her story changed?

72. Has any other way to prove your innocence developed after your trial? (For example, has someone

else confessed to the crime?) If so, please describe.

73. Do you know whether any physical evidence is still available for testing? Yes___X__ No_____

Where is it?

Who has it?

74. Would you be willing to submit to a DNA test, knowing that the test could confirm your guilt or

innocence in this case and potentially other cases?

75. Do you know who committed the crime(s) of which you were convicted? Yes___X_____

No________

76. If yes, please provide that person’s name and whereabouts (if known):

77. How do you know that this person is the true perpetrator?

78. Is there anything else you would like us to know that could help us prove your innocence?

Date______________________________ Signature______________________________________

MID-ATLANTIC INNOCENCE PROJECT

THIRD-PERSON CONTACT AUTHORIZATION FORM

This document authorizes and directs any persons or government agencies including, but not limited to,

police prosecution, sheriff, probation, and parole officers and officials, to release to the Mid-Atlantic Innocence

Project and any attorney, staff member, student, or volunteer working under its purview, any and all documents

and other materials in their possession pertaining to me or my case.

This document authorizes and directs attorneys who have previously represented me or from whom I have

sought legal advice and their agents, to release to the Mid-Atlantic Innocence Project and any attorney, staff

member, student, or volunteer working under its purview, any documents pertaining to me or my case and to

disclose to the Mid-Atlantic Innocence Project any confidential information or privileged communications.

This document authorizes any attorney, staff member, student, or volunteer working with the Mid-

Atlantic Innocence Project to communicate with any persons or government agencies having information relevant

to the evaluation of my case, including, but not limited to, attorneys who have previously represented me or from

whom I have sought legal advice, as well as police, prosecution, sheriff, corrections, probation, and parole officers

and officials. This document further authorizes the Mid-Atlantic Innocence Project to examine, receive, and/or

photocopy any and all documents pertaining to me or my case that are in the possession of such persons or

agencies.

This document authorizes any attorney, staff member, student, or volunteer working with the Mid-

Atlantic Innocence Project to communicate with any persons or organizations, including, but not limited to,

members of the Innocence Network regarding the evaluation, progress, and/or status of my request for legal

assistance.

In all other respects, my interactions with the Mid-Atlantic Innocence Project will remain privileged and

confidential.

This document serves as authorization for the Mid-Atlantic Innocence Project’s evaluation and

investigation purposes only. I understand that the Mid-Atlantic Innocence Project does not represent me.

DATED: ______________________ SIGNATURE: _____________________________

NAME: ____________________________

DATE OF BIRTH: ____________________

ADDRESS: __________________________

__________________________

___________________________

STL INNOCENCE PROJECT

SCREENING QUESTIONNAIRE

NAME:

PRISONER NUMBER:

DATE OF BIRTH:

SOCIAL SECURITY NUMBER:

CURRENT CORRECTIONAL FACILITY AND ADDRESS:

CURRENT PRISON COUNSELOR:

COUNSELOR’S TELEPHONE NUMBER:

TODAY’S DATE:

IF YOU WERE NOT CONVICTED IN VIRGINIA, MARYLAND, OR THE

DISTRICT OF COLUMBIA, PLEASE DO NOT CONTINUE. WE ARE

ABLE TO ACCEPT CASES ONLY WHERE THE CONVICTION

OCCURRED IN ONE OF THESE STATES.

WHEN RETURNING THIS QUESTIONNAIRE TO US, PLEASE INCLUDE

COPIES OF ANY BRIEFS OR DECISIONS FILED IN THE COURSE OF

YOUR DIRECT APPEALS, AS WELL AS ANY LAB REPORTS IN YOUR

POSSESSION. PLEASE ALSO SIGN AND COMPLETE THE “THIRD

PARTY CONTACT AUTHORIZATION FORM” ATTACHED TO THIS

QUESTIONNAIRE.

PLEASE COMPLETE THIS QUESTIONNAIRE AS FULLY AS POSSIBLE.

IF YOU DO NOT KNOW THE ANSWER TO A QUESTION, YOU MAY

LEAVE IT BLANK.

PART I. BASIC INFORMATION

1. List the crimes of which you were convicted (for example: murder, attempted murder, rape, etc.) Also

list your sentence for each crime:

2. Date and place of your conviction, and court case docket number:

3. Are you factually innocent of all of these crimes? If not, which crimes did you commit and which

crimes did you not commit?

4. Do you currently have a lawyer? If so, please provide his or her name, address, and telephone number.

5. Please describe what you were convicted of doing. What was the crime? What did the

prosecutors say happened? What, if anything, was your involvement in what happened? What

do you think really happened? Why? Feel free to add additional pages if necessary.

PART II: YOUR TRIAL AND APPEALS

6. Who was your trial attorney? Was he or she appointed to represent you, or did you hire him or her?

7. Where was your attorney located? Do you know where we can reach him or her today?

8. How were you convicted (circle one)?

Jury trial Judge trial Guilty plea Alford /no contest/nolo contendere plea

9. Did you appeal your conviction? If so, what was the decision?

10. Have you filed any other post-conviction appeals or petitions? If so, have they been decided? What

was the result?

11. Did any attorneys help you with your appeals or post-conviction filings? If so, please provide their

names, contact information, and an explanation of what they helped you with.

12. List all issues raised in each of your post-conviction motions or petitions (for example: ineffective

assistance of counsel, prosecutorial misconduct, police misconduct, etc.):

PART III: YOUR ARREST AND INVESTIGATION

13. How did you become a suspect in the case?

14. Describe the circumstances of your arrest: where were you and how and when did it happen?

15. What was the name of the victim(s)?

16. Did you know the victim(s)? If so, how?

17. Who were the investigating detectives on your case?

18. Did the police or investigating detective interview you before or after you were arrested?

19. How many times, and for how long?

20. Was any part of the interview(s) recorded?

21. Did you give a written statement?

22. If you gave a statement in any form, please explain why you chose to do so, and briefly describe what

you told the police.

23. Was any victim or witness asked to identify you prior to trial with a line-up or photo spread? If so,

please describe.

24. Did you take a lie detector test? If so, why and what was the result?

25. Was there anyone who was asked to identify you but could not? If so, who, when, and where?

PART IV: IF YOU PLEADED GUILTY (OR ALFORD/NO CONTEST)

(If you pleaded guilty or Alford/no contest/nolo contendere to any charge, please answer

the following questions. If you went to trial, please skip to Part V.)

26. What kind of plea did you enter (circle one):

Guilty Alford/no contest/nolo contendere

27. Did your attorney advise you take a plea bargain?

28. If yes, what did your attorney say to make you decide that a plea was in your best interest?

29. If no, why did you choose to accept the plea agreement?

30. Did you tell your attorney that you were innocent? If not, why not?

31. If the plea was in writing, did you sign it? If so, was your attorney present?

32. Did you read and understand what you were signing? If not, why did you sign it?

33. Did you ever try to withdraw your plea?

PART V: YOUR TRIAL

(If you pleaded guilty and did NOT go to trial, please skip to Part VI.)

34. Who was the prosecuting attorney?

35. Who was the trial judge?

36. Did you have any co-defendants? If so, did they plead guilty or go to trial? Were they also

convicted? Did any of them testify against you?

37. Did you testify on your own behalf? If not, why not?

38. Did any of the victims testify? If so, please list their names and any information you have about how

to contact them.

39. Did any eyewitnesses testify, either for you or against you? If so, please list their names and any

information you have about how to contact them.

40. Did any experts testify for either side? If so, who and what did they say?

41. Who else testified for the prosecution at your trial?

42. Who else testified for the defense at your trial?

43. Did any police informants or snitches testify against you at your trial?

44. Did any informant or snitch who testified claim to have learned information about

your case from you while you were in jail?

45. Did any informant or snitch claim to have learned any information from you about your case

before you were arrested?

46. Did anybody testify against you in exchange for a promise of leniency in his or her own case?

47. Did anyone who testified against you, including the alleged victim, have a reason to lie? If yes,

please explain.

48. Do you have an alibi that proves you could not have committed the crime?

49. Did you attempt to prove the alibi at trial? If so, how? If not, why not?

50. Please briefly describe the make-up of your jury, including the races and genders of your jurors.

How long did they deliberate? Are there any other facts we should know about your jury?

51. Please describe the defense that you or your attorney raised at trial. (For example, if you were

convicted of rape, did you assert that the sex was consensual, or that you were wrongfully identified as

the assailant? Or did you argue self-defense, present an alibi, or raise some other defense?)

PART VI: PHYSICAL AND BIOLOGICAL EVIDENCE

52. Was any physical and/or biological evidence recovered during the investigation of your case? If so,

please describe it.

53. If applicable, was a rape kit obtained from the alleged victim?

54. Was any testing done on the evidence? If so, what kind?

55. Did you ever see a report of the test results? If so, what did it say?

56. Were the results used at trial?

57. Do you know what lab or individual conducted the test?

PART VII: CASE MATERIALS

58. Please check those documents that you can make available to us.

Hearing Transcript(s) __________

Trial Transcript(s) _________

Police Report(s) (Please describe) _________

Laboratory Report(s) (Please describe) __________

Witness Statements (Please describe) _________

Other Discovery (Please describe) __________

Appellate Briefs:

Appellant (defense) __________

Respondent (prosecution) __________

Appellate opinion ___________

Probation/Sentencing Report _____________

If you have checked Laboratory Report(s), Appellate Briefs (for Appellant or Respondent),

or Probation/Sentencing Report, please send these documents to us along with your

questionnaire. PLEASE DO NOT SEND US ANY OTHER DOCUMENTS UNLESS WE

WRITE BACK TO YOU AND SPECIFICALLY ASK FOR THEM.

59. If these documents are in the possession of a friend or relative, please provide us with the name,

address, and phone number of the person who has them:

60. Please provide the name and address of the person to whom we should return your documents at the

conclusion of your case screening. (If you list no one, we will return them to you.)

PART VIII: ABOUT YOU

61. What is your first language?

62. What is the highest grade you completed in school?

63. List any schools you attended after high school:

64. Did you have Special Education issues? ___ (Yes) ___ (No). If Yes, please describe.

65. Have you ever received mental health treatment? ___ (Yes) ___ (No). If Yes, please describe.

66. Prior to this conviction, had you ever been convicted of another crime? If yes, please list the dates and

offenses of which you were convicted:

67. Were you employed at the time of your arrest? If so, please provide the name, address, and telephone

number of your employer:

68. Please provide the names, addresses, and phone numbers of family and friends who might have

information regarding your case:

69. Do we have your permission to contact these people to discuss the specific details of your case?

Yes______ No______

If not, why not?

PART IX: POST-CONVICTION EVIDENCE

70. Has a victim or witness come forward to exonerate you since your conviction? Yes_____ No_____

71. If yes, who? How and why has his or her story changed?

72. Has any other way to prove your innocence developed after your trial? (For example, has someone

else confessed to the crime?) If so, please describe.

73. Do you know whether any physical evidence is still available for testing? Yes_____ No_____

Where is it?

Who has it?

74. Would you be willing to submit to a DNA test, knowing that the test could confirm your guilt or

innocence in this case and potentially other cases?

75. Do you know who committed the crime(s) of which you were convicted? Yes_______ No________

76. If yes, please provide that person’s name and whereabouts (if known):

77. How do you know that this person is the true perpetrator?

78. Is there anything else you would like us to know that could help us prove your innocence?

Date______________________________ Signature______________________________________

STL INNOCENCE PROJECT

THIRD-PERSON CONTACT AUTHORIZATION FORM

This document authorizes and directs any persons or government agencies including, but not limited to,

police prosecution, sheriff, probation, and parole officers and officials, to release to the STL Innocence Project

and any attorney, staff member, student, or volunteer working under its purview, any and all documents and other

materials in their possession pertaining to me or my case.

This document authorizes and directs attorneys who have previously represented me or from whom I have

sought legal advice and their agents, to release to the STL Innocence Project and any attorney, staff member,

student, or volunteer working under its purview, any documents pertaining to me or my case and to disclose to the

STL Innocence Project any confidential information or privileged communications.

This document authorizes any attorney, staff member, student, or volunteer working with the STL

Innocence Project to communicate with any persons or government agencies having information relevant to the

evaluation of my case, including, but not limited to, attorneys who have previously represented me or from whom

I have sought legal advice, as well as police, prosecution, sheriff, corrections, probation, and parole officers and

officials. This document further authorizes the STL Innocence Project to examine, receive, and/or photocopy any

and all documents pertaining to me or my case that are in the possession of such persons or agencies.

This document authorizes any attorney, staff member, student, or volunteer working with the STL

Innocence Project to communicate with any persons or organizations, including, but not limited to, members of

the Innocence Network regarding the evaluation, progress, and/or status of my request for legal assistance.

In all other respects, my interactions with the STL Innocence Project will remain privileged and

confidential.

This document serves as authorization for the STL Innocence Project’s evaluation and investigation

purposes only. I understand that the STL Innocence Project does not represent me.

DATED: ______________________ SIGNATURE: _____________________________

NAME: ____________________________

DATE OF BIRTH: ____________________

ADDRESS: __________________________

__________________________

___________________________

December 20, 2011

Dear Ricky,

I know it has been many years since we have spoken and I’m so sorry

for that. I also know that this apology is coming far later than it

should have, and I am so, so sorry for that, as well. However, my son

just turned 17, and when I started to think back to when we were 17,

the guilt I have lived with all these years just became too much to

handle.

I can’t begin to tell you how sorry I am for lying on you. I know you

would never have done something like this, like murder, and I don’t

know why I said you would have. You were a good kid then, and I know

telling those lies on the stand took your life away from you. I was so

angry at you for cheating on me. I was a child, acting like a child,

and have been too ashamed of my behavior to admit it until now. The

cops were offering me so many stipends, like 40 dollars or something

every time I went down to meet with them, and so I just did it. I

thought I was getting back at you for hurting me. I didn’t realize at

the time what I was taking away from you, and only saw what I was

gaining: money and revenge. I hope every day that I have raised my son

to be a better person than I was at 17.

I know that this probably sounds like a lot of excuses you don’t want

to hear, but it’s the truth and I at least owe you that. If there is

anything I can do to help you at this point, please let me know. To

say I owe you the world is the understatement of the century.

I hope you are doing well considering the circumstances. I think of

you often and wish you the very best.

Merry Christmas,

Evie Wright (formerly Gonzalez)