Michael X. Smith, an African American male, is currently serving a life-term for a crime he claims he did not commit. He was convincted by an all white jury on the basis of the testimony of a single eye-witness. 

Below is a copy of a letter I have put together summarizing important aspects of Michael’s case (based on his court transcripts.) I have been trying to find a pro-bono lawyer for Michael for several months now, but I have been unsuccessful. If you know anyone in the Dallas area who might be able to help Michael, please send me contact information.  We especially need help obtaining the police record for Michael's case, as he has been denied access to this information by the City of Dallas. (His account number with the City of Dallas is: 00-2146).

Please take a few minutes of your free day to read Michael's story and sign this petition. You can choose an option to have your signature hidden from public display and Care2 petitions are known for not distributing your private information.

I write on behalf of Michael Xavier Smith, with whom I have been corresponding for over two years, and who was convicted of capital murder in 1999 for a crime that took place in November 1998 in northeast Dallas. There was a robbery which involved gunfire, and this resulted in the death of Nelson Bladmir Alfara. Michael claims that he did not commit this crime.

Having read selections from the court transcripts, it appears that Mr. Smith was convicted on the basis of a single eyewitness, Mr. Rudecindo Villatoro. Mr Villatoro, given what I can discern from the court transcripts, changes his testimony in court. For example, on page 24 of the court transcript, he is asked whether or not he "got a good look at the person who killed Nelson?" 

Mr. Villatoro responds, "Yes, but that person seems to be different. I'm sorry, but I—I—I—I raise my hand—can he stand?"

Mr. Villatoro comments that he doesn't see a limping. Mr. Tom D'Amore presses Mr. Villatoro, asking him to focus on the defendant's face.

Then on page 25, Mr. Villatoro again states that he is not sure, responding, "He looks very different."

He's asked again by Mr. D'Amore, "Do you see the face?" (As I understand, originally, prior to the conviction, Mr. Villatoro was shown pictures, and it was through this process that he pointed to Mr. Smith—again, this is prior to the court hearing and is why Mr. Smith was arrested.)

Once again, page 25, Mr. Villatoro states, "Yes, I am looking at him [in the courtroom], but I'm not quite sure, because I—I don't want to lie and I've—I've lost—I've lost track of the difference."

Again he is pressed by Mr. D'Amore, and yet again, Mr. Villatoro says, "I don't remember that—this man any longer. It's a year."

Then Mr. D'Amore shows Mr. Villatoro State Exhibit 6-11, and asks it Mr. Villatoro remembers when the detective showed him the pictures. Mr. Villatoro answers in the affirmative.

Then Mr. D'Amore says you have pointed out #6 and this is the picture of the man who did the shooting, right?

Mr. Villatoro says "yes, correct."

"And you signed the back," asks Mr. D'Amore. 

Mr. Villatoro again says yes. This goes on and on and Mr. Villatoro continues to state that his is unsure about Mr. Smith's identity as the shooter (see court transcripts page 26-28).

All of this questioning took place on November 8, 1999. 

Then the next day, November 9, 1999, the court resumes and Mr. Villatoro's entire "tone" changes, as he positively identifies Michael Xavier Smith as the shooter.

Michael has sent me articles published in the Dallas Morning News, showing that trials in Dallas County during the time when Michael's case was tried were highly suspect. That is, the eyewitnesses were "coached" by the Dallas County Prosecutor. See, for example, the January 25, 2010 article in the Dallas Morning News, "Witness says Dallas County prosecutor coached him to ID man as killer." 

http://www.dallasnews.com/news/community-news/dallas/headlines/20100125-Witness-says-Dallas-County-prosecutor-coached-2602.ece

Thus, there is even more reason for Michael's case—a case handled by the same prosecutor Tom D'Amore—should be retried. See also, "Former Dallas County prosecutor saw firsthand the 'callous attitude' that led to wrongful convictions under Henry Wade."

http://www.dallasnews.com/news/columnists/steve-blow/20110106-former-dallas-county-prosecutor-saw-firsthand-the-callous-attitude_that-led-to-wrongful-convictions-under-henry-wade.ece  

I have no legal training, but this whole thing appears to me to be at least worthy of a retrial. Mr. Smith mentioned something about a "Brady clause" and that perhaps this could be used in his case. 

Mr. Smith also asked me to state that what he is seeking is a pro-bono attorney so that he can gain access to the Dallas County 282nd district court room to stand for a retrial and/or an exoneration hearing and so that he can obtain the official police report for his case.  He said that he wants a "fair evidentiary hearing which will include the City of Dallas crime police officer, first respondent report of events, and information to exonerate [him, Mr. Smith]." He said that he filed for something along these lines twice in 1999, but he was unsuccessful. (I have additional paperwork that I can give to any attorney willing to take up this case.)

Mr. Smith has no one in his family who can help him. He comes from a poor family, whose members he describes as lacking the education needed to help him. Hiselderly mother had a stroke, which also puts her at a serious disadvantage when attempting to help her son. 

Mr. Smith is simply requesting a re-trial. He was convicted on the basis of the claims of a single eyewitness who changed his testimony during the court hearing. Please add your signature to Michael's petition so that he can have the opportutnity to have his case heard so that  justice might indeed be served.

Thank you for taking action,

Michael X. Smith's Petition Team 

p.s. If you would like to contact Mr. Smith, his address is:

Mr. Michael X. Smith #899452

Telford Unit

3899 Hwy 98

New Boston, TX 75570 

 

 

 

 

 

 

PETITION DETAILS 

I have been corresponding with prisoner, Michael X. Smith, for over two years.  He is currently serving a life-sentence for a crime he claims he did not commit. He has asked me to create a FB petition page for him, and I have agreed, as I believe his case should be retried. The case is built on the testimony of a single eyewitness who changed his testimony during the court hearing.  If we can get at least 300 signatures, we will then present the petition to the Dallas District Attorney. Please take a few minutes of your free day to read Michael's story and sign the petition for a retrial. This is all he is asking for:  a retrial and the assistance of a pro-bono attorney.  You information is not distributed, and you have the option to have your signature hidden from public view. 

 If you know an attorney who might be interested in taking up Michael's case pro-bono, please send her/him this link, as it has excerpts from Michael's court transcripts and more detailed information about his case.

https://www.facebook.com/notes/michael-x-smith-899452-innocent-in-a-texas-prison/prisoner-michael-x-smith-on-confinement-fear-and-hoping-for-freedom/412702798759056 

Sincerely,

Michael X. Smith's Petition Team