Students urge Cooper to free Kalvin Michael Smith BY TEVIN ST1NSON THE CHRONICLE Chants of "Free Kalvin Smith Now" echoed from every corner of the Dillard Auditorium in the Anderson Center last Thursday evening when more than 150 students and other members of the com munity came together to show their sup port for Kalvin Michael Smith. Smith is serving a 29-year sentence for the brutal assault of Jill Maker at the Silk Plant Forest store in December 1977 that left her with brain damage and blindness, even though Smith was reportedly nowhere near the store at the time. Another suspect with a violent history who had been stalking Marker had been in the shop shortly before the incident occurred. During the rally students, community activists', and other supporters called for N.C. Attorney General Roy Cooper to release Smith. Wake Forest student Conine Sugino noted that Cooper, who is currently running for governor, has said there is noting he can do. "We have an innocent black man sit ting in jail and somehow Cooper mysteri ously doesn't have the power to do any thing," she continued. "It isn't right and we can't just sit back and let this happen." President of the Ministers Conference of Winston-Salem and Vicinity Bishop Todd Fulton said he stands in solidarity with those who are standing solid for jus tice. Fulton said he will continue to push Cooper and others to do the right thing. "I am extited about the energy that has surrounded Kalvin Michael Smith and his freedom," he said. "We're going to keep pushing every system that we know." Darryl Hunt, who served 19 years behind bars for a murder he did not com mit in the 1980s, addressed the crowd as well. Hunt told the students to demand that Photo by Tevin Stinson Dozens of students from Winston Salem State University (WSSU), Wake Forest University and Salem College have joined forces to support Kalvin Michael Smith on Thursday, Feb. 18. justice be served. He also discussed racial bias within the justice system. "Justice has toeome down," said Hunt. "We have to demand justice because what has happened to Kalvin can happen to any one of you." A video was also played during the rally of Smith. Smith said he is grateful for everything everyone has done to help him. Although he hopes justice is served in his own case, he mentioned it is bigger than him. He said it's about changing a justice system that has failed so many people in the African American community. Following the playing of the video. Smith's father Gus Dark said he will con tinue to stand by his son. He also men tioned he has a strong feeling that every thing is going to be all right. "I will continue to stand with Kalvin and I thank you all for standing with him as well," said Dark. "I will stand with him until I die or he comes home." AG from page A1 across the country, leading the Charlotte office, and even heading up FBI oper ations in Iraq. He is also credited with dismantling a Hezbollah terror cell in Charlotte, and capturing domestic terrorist Eric Robert Rudolph. In 2004, he was appointed assistant FBI director for the Criminal Investigative Division. Swecker retired from the FBI in July 2006. In an interview with The Chronicle Sunday, the former FBI assistant direc tor said he was retained by the SPFTC years ago to review the Winston-Salem police investigation into the brutal December 1995 beating of then 33-year-old . Jill Marker, a manager at the now defunct Silk Plant Forest Shop off Silas Creek Parkway. Ms. Marker had been beaten by an unknown assailant in the shop, sus taining serious brain trau ma she is still being treated for today. Winston-Salem police initially suspected a white male with a history of domestic violence, but inexplicably dropped their probe of him, and instead arrested Kalvin Michael Smith.black male who supporters say was nowhere near the Silk Plant Forest Shop the night of the assault. Smith was convicted for the crime in 1997, even though Forsyth County prosecutors allegedly had exculpatory evidence they did not turn over at trial. Smith's attorneys charge, in addition to "false evi dence" and tainted testimo; ny by investigators. The state attorney general's office ultimately took over the case per the numerous appeals because of alleged conflicts of interest in the Forsyth district attorney's office. The case was reviewed by a Winston-Salem City Council committee and by Chris Swecker after he was hired by the SPFTC, with all coming to the same con clusion - the investigation that fingered Kalvin Smith for the crime was badly flawed. "... [D]ue to the flawed nature of the original inves tigation, only a new trial that considers the full record and evidence not available, misrepresented or omitted in the original trial, will provide the full measure of justice that the community of Winston Salem and every accused defendant deserves" Alter lb montns. Swecker issued his report on the case in 2012. He knew the attorney general's office well. He had been retained by it to do three separate-reports, including one on shortcomings in the State Bureau of Investigation crime lab several years ago, which proved that evidence in several criminal cases had been mishandled. So he certainly had established professional contact with it. Two weeks ago, Swecker says he was asked by email by a SPFTC offi cial whether he had spoken with anyone in the state attorney general's office about the report, and he replied, "Not that I recall." SPFTC subsequently sent out a press release blasting Attorney General Cooper and his office for not dis cussing Swecker's report with him. Swecker then says he got a call from Julia White, chief of staff to Attorney General Cooper, reminding him of a telephone conver sation they had "right after the report came out" in 2012. Swecker said he "had a lot of dealings with Julia White and she's a per son of integrity. If she says we spoke, I have to defer to her memory, because I spoke to a lot of people about the report after it came out and I don't doubt that we had a conversation over the phone about it." Swecker says he has no "independent" memory of the call, nor does he have any notes to accurately por tray it. The SPFTC says it had sent the report to the attor ney general's office when it was issued, but couldn't get anyone there to commit to formally meet- with Swecker to discuss it in detail. But here's where Swecker and the state attor ney general's office's ver sions diverge. Swecker told The Chronicle that if he did have a telephone conversa tion with Julia White of the attorney general's office, " ... it wasn't a long one." Later in the conversa tion, Swecker added that " I'd be surprised if it was longer than 15 minutes." Swecker also made clear that he's had "... no in-person meetings" about the report with the attorney general's office. Noelle Talley, spokesperson for the N.C. Attorney General's office. told The Chronicle last Friday that after his report came out in 2012, Chris Swecker "had a lengthy discussion with a senior advisor to the attorney gen eral " about it. She would not identify who that "senior advisor" was, nor cou]d she pinpoint when the conversation took place. - Why the state attorney general's office seems to insist that there's nothing of note in the Swecker report worthy of considera tion, but that they have done their due diligence in properly reviewing it, is a mystery not only to Kalvin Smith's supporters, but to Chris Swecker as well. "The report's so detailed, and it speaks for itself that ....if [the AG's Office] read the report ... they should have read the report and dissected it ... I still find it hard to believe that it wasn't compelling enough for them to exer- i cise their discretion that they have on appeal," the former FBI director told The Chronicle Sunday, adding that, "I'm tryiiig to stay both objective and neutral." Swecker noted that the attorney general's office has previously exercised its legal discretion in several cases, including the infa mous 2006 Duke lacrosse alleged rape case, and recently in the Charlotte fatal police shooting case. "So I don't buy that idea that they don't have any discretion whatsoever on deciding whether to appeal or not to appeal, or oppose an appeal, for example," he says. Student supporters of Kalvin Smith from Wake Forest University, Winston-Salem State University and Salem College who have been ral lying to have Smith freed, issued a statement this week which said, in part, "Attorney General Cooper cannot claim to be the courageous crusader for systemic criminal justice reform while continuing to defend the wrongful incar ceration of Kalvin Michael Smith. "We are- calling on Mr. Cooper to uphold the oath of his office in seeking jus tice and truth: Justice for Kalvin, who has remained wrongfully incarcerated for 19 years, justice for Ms. Jill Marker, whose actual attacker has still not been held accountable, and jus tice for the citizens of North Carolina, whose tax dollars have paid to keep this innocent man in prison." Do you take warfarin for AFib? If so, this tiny device may reduce your stroke risk. Wake Forest Baptist Health is now offering the WATCHMAN? device as an alternative to long-term warfarin therapy. This device has been shown to decrease warfarin patients' Stroke risk by as much as 77 percent. Wake Forest Baptist is proud to be the only provider in our region offering this solution. WATCHMAN d?vk? Call 888-716-WAKE to make an appointment or visit WakeHeaKh.edu/Watchinan for more information. a Wake Forest* Baptist Health Heart & Vascular Center A Mission to Care. A Mission to Cure. ,

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view