Damon Smith | 311644
Damon Smith | 311644
311644
99010166-01
Murder
09/09/1999
05/05/2000
Life
Wayne County,
Private Investigator, Attorney, Conviction Integrity Units
Damon Smith | 311644
#Buried Alive, Beyond A Wrongful Conviction
Forcing an innocent man into a cage designed for Punishing Criminals Suffocates his Soul. This is My Reality. My name is Damon Smith, and I've been incarcerated for over 23 years for a shooting I did not commit.
Prosecution's ability to convict me without ever establishing that my charged offense occurred goes Beyond a Wrongful Conviction. My Public Defender worked against me. The Detective on my case is corrupt, Barbara Simon. (People v. Craighead, 2021 Mich. App. Lexis 6160) And, my Trial Judge Warfield Moore Jr. was suspended for a Continuation of Misconducts shortly after my Trial. (In Re Moore, 464 Mich 98) All of them made it possible to conceal my Innocence behind a Wrongful Conviction, and being Buried Alive is my Sentence.
In People v. Gibson, 253 Mich 476, the Michigan Supreme Court states: "Prosecution has the Burden in a Homicide case to connect the accused with the injury which is claimed to have been the cause of death, and to give all the testimony in his power going to the proof of the Corpus Delicti." Not in my Case.
Prosecution waived all of the Investigating Police from testifying. "NO POLICE TESTIFIED AT MY TRIAL." As a result: No Corpus Delicti was established for the Unlawful Shooting I'm convicted of. No Crime Scene was established. No Weapon. No Evidence of a Semiautomatic being fired. No Evidence of the type of weapon that caused the death. There's also No Physical Evidence to base inferences of Circumstantial Evidence on. No Eyewitnesses. (The shooter wore a mask) I couldn't make a confession or statement, because I wasn't present.
My Trial was based solely on three Plea Bargained recipients suggesting that I committed a shooting that there's No Corpus Delicti for. Which is Prohibited, because, "The Corpus Delicti is required to be shown, before any other testimony is directed against a prisoner." People v. Hall, 48 Mich at 484. "The Corpus Delicti rule requires Proof that a crime has been committed, Not that the defendant did it." People v. Langford, 403 Mich 835.
*Corpus Delicti: "The Body Of A Crime." The FACT of a Transgression. This phrase reflects the simple principle that a crime Must Be Proved To Have Occurred before anyone can be convicted for having committed it."
*Corpus Delicti Rule: "The doctrine that in order to secure a conviction, the prosecution must establish the Corpus Delicti With Corroborating Evidence."
"The Corpus Delicti rule reflects an uneasy feeling based on experience that persons who attribute statements to accused persons are often Not Trustworthy Witnesses. . .The rule seeks to protect the defendant against conviction for committing a crime that No One committed on the basis of evidence that experience teaches us is sometimes unreliable." People v. Williams, 422 Mich 381.
It's impossible to commit a crime that never occurred, without a Corpus Delicti, & still, I remain Wrongfully Convicted & Buried Alive.
I, Damon Smith, declare that all of the aforementioned is truthful and accurate in accordance with Federal Law 28 USC 1746.
Please write me or email me through www.jpay.com
Respectfully,
Damon Smith
4533 W. Industrial Park Drive
Kincheloe, MI 49788