Shelby County Medical Examiner’s Indictment
The indictment of Shelby County medical examiner O.C. Smith by a Shelby County grand jury is extremely troubling. A high profile law enforcement officer has been accused of faking his own abduction, putting the lives of his fellow law enforcement officers at serious and imminent risk, and lying to federal law enforcement agents.
We concur with the assessment of ATF Special Agent in Charge James M. Cavanaugh who said, “When a prominent figure in law enforcement such as the Medical Examiner is charged with a crime, it strikes at the heart of our criminal justice system.”
As troubling as, and perhaps more damaging to public faith in the criminal justice system, are the statements of Shelby County District Attorney Bill Gibbons. It is the pinnacle of hubris and arrogance for Gibbons to state as he did that, “Today’s federal indictment of Dr. Smith has no bearing on the validity of his expert testimony in trials. I am not ruling out the possible use of Dr. Smith in future trials”
Smith’s testimony at a 2001 clemency hearing for Philip Workman was critical in that Board’s recommendation to then Governor Sundquist against clemency.
Philip Workman's lawyers presented irrefutable proof from the nation's foremost forensic expert that he did not shoot Lt. Oliver. The only opposing expert witness was O.C. Smith. Smith perjured himself before the clemency board in Philip Workman's case.
A law enforcement officer’s credibility is vital to public trust in the criminal justice system. If Smith perjured himself at a clemency hearing, faked his own abduction, and lied to federal investigators, his credibility is zero. Gibbons failure to acknowledge this casts shadows upon his own credibility.
Governor Bredesen’s actions regarding the Workman case cast him in sharp contrast to both Smith and Gibbons. He has exhibited a deliberative belief in fairness that sets an example that all public officials would do well to emulate.
Other Shelby County death row cases such as that of Erskine Johnson call into question the culture of prosecutorial behavior in Shelby County.
The Governor should now contemplate a temporary postponement – a “time-out” - of all executions in the state for a 3-year period during which a thorough and independent study of Tennessee’s death penalty system can be conducted.
Randy Tatel
Executive Director
615-329-0048 [This is no longer the correct TCASK State Office number. The number was changed to 615-463-0700 in February 2005 .]
tcask@earthlink.net
Board of Directors
Linda Manning, Ph.D. Chair
Margaret Cuninggam Women’s Center
Vanderbilt University
Nashville, TN
Amy L. Staples, Ph.D.
Vice Chair
Middle Tennessee State University – History
Murfreesboro, TN
Timothy McDonald
Secretary
Chattanooga, TN
Jeanne Rewa
Tennesseans for a Moratorium on Executions
Nashville, TN
Andre Trivette
Death Penalty Research Center
Knoxville, TN
Max Maloney, Ph.D.
Christian Brothers University Philosophy & Religion
Memphis, TN
Kevin Barry
JPIC – Catholic Peace & Justice Office
Knoxville, TN
Toni Gwaltney
Amnesty International
Lookout Mountain, TN
Kenneth Lancaster, Ph.D.
Middle Tennessee State University – Social Work
Murfreesboro, TN
Reverend Henry Blaze
Spruce St Baptist Church
Nashville, TN
Reverend Stacy Rector
2nd Presbyterian Church
Nashville, TN
Organizations are listed for identification purposes only.
