OIP Director Mark Godsey, who served as co-counsel on the case, is used to the wheels of justice moving slowly, but in Smith’s case they ground excruciatingly slow.
Berry Godsey, with recent help from UC students and faculty, has fought a more than decade-long legal battle over DNA evidence withheld at Smith’s trial that implicates another man committed the crime.
The perpetrator wore a disguise — a wig, sunglasses and a mask found near the getaway vehicle used in the robbery. Smith’s DNA wasn’t detected on the wig and sunglasses.
However, despite Berry Godsey’s repeated requests made before and during Smith’s trial both in writing and orally, Smith’s defense didn’t receive the full DNA evidence conducted by the lab.
That evidence wasn’t obtained until several months after Smith’s conviction, and it pointed to a different culprit.
appealed on various constitutional violations. In June 2019, the 6th
Circuit Court of Appeals ruled in Smith’s favor and sent the case back
to the lower court to resolve final issues.