ATOKA, Okla.–Inside a grey and gloomy visitation room at the Mack Alford Correctional Center in Southeast Oklahoma, an A.C. unit buzzed on and off while 36-year-old Channen Smith shared why he believes he will be exonerated from his murder conviction.
In a face-to-face interview with the Black Wall Street Times inside the prison, Smith expressed determination as an ODOC official supervised the interview. A federal district judge ruled his case should be re-examined just weeks ago.
“It’s about time. Thank God. Someone can finally look at the case and see it for what it is. Almost there, not there yet,” Smith told the Black Wall Street Times.
Despite growing up in low-income housing in north Tulsa, Smith was an athlete and college student studying aerospace and aviation before he was accused of a murder at 21.
He has spent the last 15 years inside the Department of Corrections for the October 23, 2010 gang killing of Dominique Jasper at the former Comanche Park Apartments. Despite an alibi and no physical evidence tying him to the murder, Tulsa Police arrested him, the Tulsa County District Attorney’s Office indicted him, and a jury convicted him.
Yet in a rare legal victory, Smith challenged his own imprisonment through a Habeas Corpus petition, which asks a federal judge to hear his case and determine whether his imprisonment is legal. In 2017, another man confessed to the murder before his death, court documents show, prompting Smith to channel his faith into action.
Re-examining Channen Smith murder case
On April 3rd, a federal judge issued a 108-page ruling that sharply criticized the state’s case against Smith, ordering his case to be re-examined.”
“Based on the foregoing, and having carefully considered all evidence, old and new, the Court is persuaded that, ‘in light of the new evidence, no juror, acting reasonably, would have voted to find [Smith] guilty beyond a reasonable doubt,” wrote U.S. District Judge for the Northern District of Oklahoma Sara Hill.
Smith said he’s spent years trying to reach this point. “I always knew that I was innocent, even if no one did. So, just going out of my way being adamant and hoping to find something in the documents that the court already had,” he explained.
For years one of his only supporters was innocence advocate Shelley Davis. “He wanted to be a pilot, he was making steps towards that, he enrolled into an aviation class at TCC,” Davis told KTUL reporter Tanya Modersitzki earlier this month.
For his part, Smith said he threw himself into sports but eventually realized his true calling was in the classroom. Thanks to exposure from a teacher at McLain High School who poured into him, Smith began taking aerospace classes at Tulsa Tech.
“I had a third year to complete the adult program. Unfortunately, I was incarcerated before I could complete that program,” he told theBWSTimes.
Federal judge rips state’s “weak” case against Smith
The case against Channen Smith stems from an altercation at the apartments between gang members. Smith said he saw the fight, but was not involved. Over a day later, the rival parties became involved in a shootout, leaving Jasper dead and others injured. A member of the group accused Smith of being the shooter, even though Smith says he was with his girlfriend in Claremore at the time.
He criticized a system that allows for wrongful convictions to continue. “Officers are paid by taxpayers. I think that the problem is they have immunity. They can commit these crimes–which is what they are; you’re stealing years and years of people’s lives–and nothing happens,” Smith said.
Despite maintaining his innocence in a police interview with Vic Regalado–who is now Tulsa County Sheriff–the state failed to present all available evidence to the jury, U.S. District Judge Sara Hill wrote.
The state argues Smith doesn’t qualify for habeas corpus because he didn’t bring his claims within the one-year statute of limitations. The judge ripped into the state’s original case in her order.
“Having carefully reviewed the trial record, the Court finds that the State’s theory, or rather the State’s struggle to identify a coherent one, demonstrates the weakness of its case against Smith,” Judge Hill wrote.
“The Court further finds that the new evidence not only magnifies weaknesses in the State’s case that are obvious from the trial record but also amplifies credibility issues of both eyewitnesses and provides a more plausible motive for the shooting and a more likely perpetrator,” Judge Hill added.
Channen Smith calls out bias, AG responds
While locked up, Smith has spent his time in the legal library learning how to prove his innocence while mentoring and mediating peace between gang members inside the Department of Corrections. After the judge’s April 3rd ruling, he expected to be preparing for his release.
Yet, the ruling allows for the state to respond. Instead of an immediate response by May 5, Oklahoma Attorney General Gentner Drummond filed a 60-day extension.
“You’d think that when more facts of the case come out that they would be apt to stand on the right side of justice. I feel like this delay is just delaying me from being home with my family. It’s 60 more days that I have to be here,” Smith said.
The Black Wall Street Times reached out to the Oklahoma AG’s Office, which said it was taking more time to “thoroughly investigate Mr. Smith’s claims, just as the AG’s office investigated the Glossip case,” according to Phil Bacharach, Director of Communications. Richard Glossip is a former death row prisoner whose death penalty conviction was thrown out and is being reexamined with the support of AG Drummond following the discovery of new evidence.
“In our filing, we noted the following: ‘Respondent does not make this request for so much time lightly. In addition to the undersigned’s filings and assignments, which would have otherwise made a timely response impossible, the Office of the Attorney General (‘OAG’) has authorized, and has begun, and investigation of the factual bases for Petitioner’s actual innocence claim to determine which steps moving forward are in the best interest of justice,'” Bacharach stated.
Republican lawmaker supports Channen Smith’s petition for habeas corpus
One unlikely supporter of Channen’s petition is Republican state Rep. Justin Humphrey, who spent over 20 years working for ODOC before being elected to the Oklahoma Legislature. He said looking into Richard Glossip’s case was “an eye-opener” for him that led him to look into other alleged wrongful conviction cases, like Channen Smith’s.
“This dying person gives a dying declaration,” Rep. Humphrey told the Black Wall Street Times, referring to the deathbed confession that catapulted Smith to a habeas corpus petition. “Generally it carries a little more weight. I think that would warrant going back and looking into it.”
Humphrey said he’s willing to look at both sides and consider the confession may have been false. “But here’s the other part. Could these witnesses be coerced into testifying? And the answer is yes,” Rep. Humphrey said. “I’m after the truth, that’s what we should all be looking for.”
Fighting his case and intimidation?
On top of achieving the nearly unheard of legal victory of a successful habeas corpus petition without an attorney, Smith said he’s been facing intimidation and harassment by officials inside the prison.
“There’s a lot of corruption in DOC, and it’s everyday life. People are corruptible. No matter the position, you’ll see it. I’ve experienced it firsthand,” Smith told theBWSTimes. He said he’s faced more frequent pat downs since his case began receiving media attention in April, and he described an instance where he claims a prison guard tried to frame him for possession of contraband.
In a statement sent to the Black Wall Street Times, ODOC public relations officer Kay Thompson denied those claims.
“Unless a case gains media attention, we do not have any knowledge of when an inmate files new motions in their cases or files new causes. All legal mail in and out of the facilities is confidential, as are any attorney visits. Any increase in pat-downs is not targeted, but rather an overall increase in facility security. We assess every inmate for potential gang affiliation and take any separations seriously to ensure safety for all.”
“What the Department of Corrections says I don’t put a whole lot of weight on,” said Rep. Humphrey, whose been actively battling the agency for access to investigations and records around alleged human rights violations. “I know law enforcement does not like when you question these cases. Is it possible that people are upset? Absolutely.
Support grows as case moves forward
One might imagine that spending 15 years of your life for a crime you didn’t commit would result in you never wanting to set foot inside a prison ever again. That isn’t the case for Channen Smith.
“When I’m released–I’m speaking that from faith–I’ll be back in prison. Once I can go home every night and be with my family, I want to advocate for men who are wrongfully convicted, for men who are over-sentenced, for those who get their rights violated on the inside, even if they did a commit a crime to get here.” Smith said.
A petition for Channen has garnered nearly 1,500 signatures, and Rep. Humphrey sent letters to Gov. Kevin Stitt and AG Drummond expressing support for looking into Smith’s case, KTUL reported last week.
“When one considers the lack of evidence and also recognizes that it is very likely plea deals were made to obtain testimony, all of these factors suggest that the state would be wise to reopen the case and investigate the facts,” Rep. Humphrey wrote.
Up next, AG Drummond must respond to Smith’s petition by July 7, and Smith will respond by August 22 before the judge will make her ultimate decision. A source told the Black Wall Street Times high-profile attorney Don Smollen is in talks to become Channen Smith’s legal counsel.
Some may wonder how a man can continue to fight an entire state legal system while surviving daily in prison. “Faith and believing in God the whole time. He has the last say,” Smith said.
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