Wrongly Convicted Database Record
|
Charge: |
Child/Minor Sex Abuse (incl. molestation) |
Sentence: |
"10 years suspended, with probation" |
Years Imprisoned: |
6 |
Year Crime: |
2005 |
Year Convicted: |
2006 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Alabama |
County or Region of Crime: |
Jefferson |
City of Crime: |
Birmingham |
Result: |
Judicially Exonerated |
Summary of Case: |
"Zachary Noah Smith was wrongly convicted by a jury in 2006 of the first-degree sexual abuse of his three-year-old daughter in 2005 in Birmingham, Alabama. Smith and his wife divorced in 2004. The prosecution's case was based on the testimony of Smith's daughter that he touched her vagina during a visit with him. Smith testified in his defense denying that the incident occurred. Zachary Smith was sentenced to 10 years in prison, suspended pending his successful completion of 10 years probation. In 2012 Smith's daughter was 10 when she told two counselors that her father had never touched her, and her grandmother encouraged her to lie. Smith then passed a lie detector test. Based on the new evidence Smith filed a petition for a new trial. During an evidentiary hearing a clinical psychologist testified that during the interview of Smith's daughter that resulted in his indictment, the proper procedures weren't followed for ensuring the truthfulness of a child during an interview. Smith's post-conviction petition based on his new evidence was granted on December 12, 2012. His conviction was vacated and a new trial was ordered. Two days later the Jefferson County Circuit Court granted the DA's motion to dismiss Smith's indictment. Smith was ordered released from his probation after serving 6 years and 2 months in custody. " |
Conviction Caused By: |
Zachary Smith's daughter committed perjury at the encouragement of her great-grandmother. |
Innocence Proved By: |
"Smith's post-conviction petition based on his new evidence was granted on December 12, 2012. His conviction was vacated and a new trial was ordered. Two days later the Jefferson County Circuit Court granted the DA's motion to dismiss Smith's indictment. Smith was ordered released from his probation after serving 6 years and 2 months in custody." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
24 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Zachary Noah Smith, The National Registry of Exonerations" |
Information Location 1: |
http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4155 |
Information Source 2: |
|
Information Location 2: |
|
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org