By Alan Vargas
SAN FRANCISCO, CA — California First Appellate District has reversed the murder conviction of Sherill Smothers because of a lack of effective assistance by counsel, and ordered a new trial.
The 1983 murder of Marsha Carter has been vacillating for decades due to insufficient evidence by the counsel that led to defendant Smothers’ wrongful arrest and conviction.
In 1983, victim Marsha Carter was discovered in the back of the trunk of her car and pronounced dead at the scene. Ultimately the case went dead, and was later reopened in 2008. Again, detectives prepared evidence but this time using tactics and methods that were unheard of in 1983.
A DNA report was brought into the investigation, and blood was found in Carter’s home the day she died, leading to defendant Smoothers, who was Carter’s partner in 1983.
But now, years later, DNA was discovered underneath Carter’s nails the day she was found dead. This heralded the FBI to enter the DNA samples into the DNA profiles’ CODIS (Combined DNA Index System) database. The results matched a suspect from another state who had no previous association to Carter, Smothers, or California.
The defense attorney never introduced evidence leading to the DNA proof under Carter’s nails, which matched another’s profile. The court had permitted the evidence to be presented, but, nevertheless, it was not.
The defense attorney could not gather any witnesses to testify. This led to Smothers not testifying, and his conviction happened purely on the assumption that Smothers cooperated with a third party to kill Carter.
Though there was a witness statement detrimental to the defendant declaring that Smothers attempted to convince him and others to kill Carter, there was no concrete evidence leading to Smothers having a specific motive in agreeing with a third party to kill Carter.
No evidence was found of Smothers’ conspiracy to commit murder or in connection with any others.
Nevertheless, the jury found Smothers guilty three years ago.
Smothers was in an auto accident in the 90s and is now a paraplegic who has to use a wheelchair. His defense team said it hopes he is just released, and there is no new trial.
