Wrongly Convicted Database Record

 

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Eric B. Smith

 

Charge:

Drug Related (Possession or sale)

Sentence:

2 years

Years Imprisoned:

0.58

Year Crime:

2011

Year Convicted:

2012

Year Cleared:

2015

U.S. State or Country of Crime:

U.S. Military - Federal Case

County or Region of Crime:

Pierce

City of Crime:

Lakewood

Result:

Judicially Exonerated

Summary of Case:

"Eric B. Smith was wrongly convicted on Sepember 27, 2012 of using cocaine after testing positive for cocaine as the result of a volunary test of his urine collected on July 28, 2011. Smith was a U.S. Army major and a doctor stationed at Joint Base Lewis-McCord (formerly Fort Lewis). Smith was notified of the positive result for cocaine in August 24, 2011, and on August 29 a sample of Smith's chest hair was collected. The hair folicle tested negative for cocaine. Eric Smith was charged on November 18, 2011. The negative test for Smith's hair folicle wasn't introduced into evidence during his trial because he had not been notified of that test result, and his lawyer did not seek to obtain it in pre-trial discovery. After his conviction by a military panel, Smith was sentenced to serve two years in military prison, and forfeiture of all pay and allowances. In October 2012 Smith reported to begin serving his sentence, but he was released after serving 7 months in custody. After his release Smith paid for an independent test of his urine sample, that discovered it had been contaminated with the DNA of an "unknown and unrelated individual." Smith appealed his conviction on the basis he was provided ineffective assistance of counsel for not obtaining the negative hair test result and not calling witnesses to corroborte that Smith had volunteered to provide his urine for the test. On July 17, 2015 the U.S. Army Court of Criminal Appeals set-aside Smith's conviction on the basis he was provided ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984) for failing to obtain and investigate the negative hair folicle test and for failing to call witnesses to corroborate Smith's testimony that he volunteered to provide his urine for testing. The appeals court observed the hair-follicle evidence would have “buttressed the defense theory of the case.”"

Conviction Caused By:

Innocence Proved By:

"On July 17, 2015 the U.S. Army Court of Criminal Appeals set-aside Smith's conviction on the basis he was provided ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984) for failing to obtain and investigate the negative hair folicle test and for failing to call witnesses to corroborate Smith's testimony that he volunteered to provide his urine for testing."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

41

Age When Released:

42

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"JBLM doctor fights to clear his name, By Adam Ashton and Hal Bernton, The Seattle Times, December 13, 2015"

Information Location 1:

http://www.seattletimes.com/seattle-news/crime/military-doctor-fights-to-clear-name-after-questionable-drug-testing/

Information Source 2:

"U.S. v. Major Eric B. Smith, No. Army 20120918 (U.S. Army Ct. of Crim. Appeals, 7-17-2015) (Unpublished opinion) (Setting aside conviction)"

Information Location 2:

https://www.documentcloud.org/documents/2644726-Appeal-Ruling.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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