Kevin Smith was paroled in 2012 after serving 27 years in prison for a crime he did not commit. He is now seeking a new trial based upon new evidence of his innocence before Kings County Supreme Court Justice Miriam Cyrulnik. His case has languished in the Kings County DA’s Conviction Review Unit for five years.
On October 15, 1987, Kevin Smith was convicted of murder based solely on the testimony of a single witness whose credibility was dubious at best. Although Smith did not know the witness, at trial the witness stated that he knew Smith prior to the crime. However, during the initial police interview on the night of the crime, the witness did not provide the name(s) of any suspect(s).
During the trial the witness refused to testify. Detectives went to the witness’s house, kicked his door in, and took him out in handcuffs. The witness was brought before the trial judge where he stated under oath that he did not witness the shooting and therefore, could not identify Smith as the perpetrator; the witness also swore that he did not see Smith at the scene of the crime. After the witness gave this sworn statement exonerating Smith, the trial judge released Smith on his own recognizance.
The case was adjourned for five days and Smith’s trial counsel had informed him that the case would be dismissed when he returned to court after the Labor Day holiday. Unfortunately, upon leaving the judge’s chambers, the witness was immediately arrested on a felony complaint of the prosecutor’s office for perjury. The witness was held in the 81st precinct against his will for five days. The witness was not allowed to see to his family, friends or a lawyer. The witness was also denied a phone call. The witness was told by an ADA that if he took back what he told the judge, he would be able to get out of jail. After being threatened and pressured by ADA Paul Burns, the witness recanted his testimony to the judge and told the jury that he did witness the crime and that Smith was involved. Smith’s lawyer had informed him that the reason the district attorney pursued the case was because of fabricated and falsified evidence of detective Louis Scarella, who stated that Smith was involved in the crime.
Detective Scarcella was one of the lead detectives in the case. He falsely reported that his codefendant implicated himself and made a statement that Smith had something to do with the murder. Scarella further lied on the witness stand. Smith and Divine have secured affidavits from several people familiar with or present at the time of the murder, who attest that they did not commit the murder.
Smith spent 27 years in prison for a crime he did not commit. Since his release from prison in December 2012, he has been a positive force in the community: he has been ordained as a New York State Chaplain, he has worked on numerous campaigns for politicians, and he has been sharing his life experience with at-risk youth. He is the Executive Director and co-founder of Families of the Wrongfully Convicted.
Motion seeking a new trial filed January 2020