Please help TROY SMITH pay legal expenses to appeal his wrongful conviction !
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32 Weeks left Ends Dec 31, 2019

"Yes, I did lie to him. I probably  lied to everybody at that point", said Sergeant (now retired Captain) Dan Gardner, of the San Francisco Police Department (SFPD) in an internal investigation with the management control division of the SFPD on January 14th, 1999 (1).

One of the investigators, either Sgt.Richard Corriea or Sgt. Ronald Reynolds, asked"...how can you lie to someone about reality...?"

Gardner replied: " Very easily".

By the close of a lengthy investigation, conducted by both SFPD and the FBI, the following facts had emerged: Gardner had lied to investigators and superiors, had fabricated evidence, had destroyed evidence, and had requested that an officer lie on his behalf. SFPD Chief Fred Lau had recommended Gardner's termination (2) at the end, though, Gardner kept his job, agreeing to lesser charges by the police commission.

Gardner then investigated the jewelry heist while working for the SFPD in a five-year probationary period. At trial all the evidence pertaining to Smith came from Gardner, 100% of it entirely circumstantial.

The case turns even more egregious. Assistant District Attorney Jerry Coleman (now also retired) prosecuted the case. Besides prosecuting cases, Coleman also served as the Managing Attorney of the "Trial Integrity Unit", which has the purpose to insure the checking of the backgrounds of the officers who testify at trials. Coleman allowed Gardner to testify but never told Smith's lawyer about Gardner's previous lies or that he worked for the SFPD under probation, even though the law requires such a disclosure and even though his oversight of the Trial Integrity Unit clearly gave him special access to Gardner's personnel records. This clearly amounts to prosecutorial misconduct.

Coleman deliberately withheld evidence from the defense. Coleman then commits another blatant act of disregard of his duty to truth by gagging Smith's co-defendant, but that did not come to light until new evidence in the case emerged.

On December 6th 2016, ten years later, George Turner, Smith's co-defendant in the case, signed a declaration (3) in which he stated that "at no time, in no capacity of any kind" did Smith know about the jewelry heist (p.2,5). The declaration also said that prosecutor Coleman conditioned a plea bargain deal with Turner that prevented Turner from testifying to Smith's non-involvement in the jewelry heist (p.4,10). Coleman clearly coerced Turner with promises of a better deal. Turner did receive a better deal, 12 years, while Smith received 26 years. Smith included Turner's declaration in a filing for Habeas Corpus with the California Supreme Court, filed pro-se, requesting an evidentiary hearing, The Court denied his request.

So goes the story of Smith, spending over 12 years in prison. At trial, had Smith's lawyer known about Gardner's probation, he could have easily challenged Gardner. Coleman, who had the legal requirement to disclose that information, decided to keep it quiet. Then Coleman coerced Turner to keep quiet about Smith's innocence by offering him a plea deal.

Troy Smith deserves JUSTICE. He needs your help in funding a lawyer that will help him clear his name. Please FUND HIM NOW.

 

 

(1) MCD case No. A189-(E) 7, p. 158

2) Hearing of inspector Daniel P.Gardner, star No. 1459, investigations, (File # C99-115 JWA), August 9, 1999.

3) California Supreme Court case S244398, filed September 17, 2017, Exhibit (17) George Turner's declaration.

 

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