ATOKA, Okla. — A federal judge has found “actual innocence” in the case of Channen Smith, who is serving a life sentence, but Oklahoma Attorney General Gentner Drummond is resisting the court’s ruling and pushing to keep Smith incarcerated, despite new evidence suggesting he was wrongly convicted.
According to The Black Wall Street Times, Smith has maintained his innocence for 15 years in the 2010 killing of Dominique Jasper. He alleges police relied on unreliable witness testimony and lacked any physical evidence linking him to the crime. In 2017, after another man confessed to the murder, Smith finally had his habeas corpus petition heard in federal court.
U.S. District Judge Sara Hill reviewed Smith’s habeas corpus petition in April and concluded that “no juror, acting reasonably, would have voted to find Smith guilty beyond a reasonable doubt.” She criticized the prosecution’s weak theory of the case and the lack of clear evidence tying Smith to the crime.
Instead of accepting the judge’s findings, Drummond pushed back. In a July 7 filing, he asked the court to hold an evidentiary hearing and reject the earlier declaration of “actual innocence.” His brief argued that the affidavits presented were insufficient and suggested the judge’s legal analysis was flawed. His office has declined to comment further.
In an interview with The Black Wall Street Times at Mack Alford Correctional Center, Smith said he is baffled by the AG’s response. “When a judge finds you guilty, everyone agrees. But when a judge says you might be innocent, suddenly they push back,” Smith said. “It makes no sense.”
While incarcerated, Smith has spent years mentoring younger people in prison and said he wants to return in the future as a volunteer and advocate. He is especially focused on helping others navigate wrongful convictions in Oklahoma, where at least 46 people have been exonerated since 1989.
Smith also criticized Tulsa County Sheriff Vic Regalado, a homicide detective during Smith’s first arrest in 2010. He believes Regalado narrowed in on him too quickly and failed to investigate other leads, even though a key witness later recanted. “That’s how you get wrongful convictions,” Smith said. “When you violate someone’s rights behind closed doors.”
Smith claims prison staff retaliated against him after his case began receiving media attention. Days before his first interview with The Black Wall Street Times in May, he said he was falsely written up for having a cellphone. That write-up was later dismissed when another incarcerated person claimed ownership. Smith believes this and other incidents were attempts to intimidate or provoke him. In a statement, the Department of Corrections denied any retaliation and said the misconduct was dismissed through standard procedures.
Despite everything, Smith remains hopeful. “I believe I’ll be out of here soon,” he said. “I’m a fighter, and I want to make a difference. These men here are someone’s sons, someone’s brothers. They still have value.”
Smith’s legal team is expected to respond to the AG’s motion by Aug. 22, after which Judge Hill will make a final decision.
