The prosecutor's theory is that sometime around the 4th of July 1989 Glenn W was shot, killed and his body dumped (no specific time of death was established). In February 1990 warrant was issued for my arrest as the suspect by the Philadelphia authorities while I was in jail in New York on an unrelated crime. The evidence relied on to implicate me was the written statement of a Ricardo G at the time of his arrest on a unrelated crime. The detectives asked him to tell them about any murders in the neighborhood and he said he made up the story in exchange for a deal on the case for which he was arrested. In his statement he said I shot the victim twice but later under oath he recanted his written statement.

At the first court appearance the judge, Hon. Michael Conroy, Jr. discharged all the charges due to the evidence presented by the State was insufficient to bind me over for trial. A week later I was back in court on the same charges, with the same evidence (Ricardo G's statement, which he recanted under oath). At this court appearance, the only thing different was the Judge Hon. Carolyn Temin. This judge ruled that the same exact evidence was sufficient to re-arrest me and bind me over for trial.

There are many issues which will demonstrate that I did not have a just day in court.

- My attorney failed to challenge the face that the prosecutor knowingly presented perjured evidence in allowing their key witness testimony that the victim was shot twice, when the medical examiners report clearly states that he was shot only once, and Ricardo G recanted his statement, branding it as all lies.
- The prosecutor allowed the detective to repeat in his testimony on the stand under oath that the victim was shot twice, and my attorney allowed this to be presented to the jury without challenging it.
- My attorney strictly relied on the D.A.'s evidence being weak, which it was, but he allowed all the prosecutors circumstantial arguments to go unchallenged.
- I wanted to take the stand because I did not commit this crime but I didn't know better than to take my attorney's advice not to.
- Transcripts were prepared for the first court appearance when the case was dismissed but mysteriously there was no transcript for the re-arresting at the second court appearance.
- I never met or conferred with my attorney until three days prior to the set trial date, therefore, he could not formulate any meaningful defense, trial strategy or do any pre-trial investigating to uncover any exculpatory evidence to support my innocence.
- This same attorney was appointed to file my direct appeals, which he failed to pursue to the highest state court, meaning my direct appeal is still not fully exhausted to the highest state court.
- The use of perjured testimony had an effect on the outcome of my trial, because during deliberation the jury sent a written question to the judge, which expressed doubt towards the shooting element of the case, the question was:
(Your Honor, can be actually say someone committed a murder if he did not actually pull the trigger or did not actually kill someone?)

Once the issues of my case are viewed in their entirety, an unbiased observer will clearly recognize the grave injustice served and that all measures have been taken by the prosecutor, my trial attorney, the police and the judge to ignore the fact that they have sentenced an innocent man.

I hope the details given are enough to spark your interest to assist me in my fight for justice and my freedom. Additional details can be provided upon request. I shall greatly appreciate your time, effort and consideration in this matter.

Sincerely,
-Richard A. Smith

Write to me at:

Richard Anthony Smith
#91A4962
Attica Correctional Facility
Box 149
Attica, NY 14011-0149

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