ATOKA, Okla.–Months after a federal judge ordered a review of Channen Smith’s case on grounds of “actual innocence,” the Tulsa-born 35-year-old said he’s already planning for his release from an Oklahoma prison, despite efforts by the state’s attorney general to keep him imprisoned.
Smith faces a life sentence for the Tulsa killing of Dominique Jasper in 2010. He’s maintained his innocence for 15 years, arguing the police and prosecutors relied on unreliable witnesses, with no physical evidence tying him to the murder.
In 2017, another man confessed to the killing, and after years of fighting his conviction, a federal judge heard his habeas corpus petition in April.
Oklahoma Attorney General pushes to keep Channen Smith in prison
On May 14, the Black Wall Street Times became the first publication to interview Smith from inside the Mack Alford Correctional Center in Southeastern Oklahoma. He expressed gratitude and hope after U.S. District Judge for the Northern District of Oklahoma Sara Hill wrote the Court was “persuaded that, ‘in light of the new evidence, no juror, acting reasonably, would have voted to find [Smith] guilty beyond a reasonable doubt.”
A month later, on July 7, Oklahoma Attorney General Gentner Drummond responded asking the judge to reject Smith’s petition and to hold an evidentiary hearing before freeing him from prison. At the end of July, this reporter traveled back to the prison to ask Smith for his response to the AG’s efforts to keep him imprisoned.
“Finally I get in front of a federal district judge who knows her job, who’s educated, who’s taken the time to view the evidence, and now he assumes she’s wrong, too. It makes no sense,” Smith said. “When a judge finds you guilty of a crime everyone seems to be on board, including the AG. But when the judge says ‘hey, something’s not right here, this guy may actually be innocent,’ now you disagree with the judge.”
Judge supports Channen Smith’s “actual innocence”
For years, Smith said he’s become an unofficial mentor to the other men locked up, as they’ve watched him grow up fighting his case since he was 21 years old. Upon his release, he hopes to become an advocate for those still imprisoned in a system where 46 Oklahomans have been exonerated for wrongful convictions since 1989, according to the Oklahoma Innocence Project.
“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 on April 3. Her ruling opened the door for both Smith and the State to file responses.
In his brief, AG Drummond, a Republican running for Oklahoma Governor, asked the Court to reconsider its previous finding of actual innocence. He also appeared to criticize the judge’s legal judgement.
“…this Court should reconsider its previous analysis, deny that claim either on the papers submitted or after an evidentiary hearing, and dismiss the petition as untimely. Principally, Petitioner should not have been found actually innocent based upon affidavits alone. At most, this Court should have called an evidentiary hearing,” AG Drummond’s Office wrote on July 7.
A spokesperson for Oklahoma Attorney General Drummond declined to comment for this story. Channen Smith said his legal team is preparing to file a response to the AG’s response by August 22, after which Judge Hill will make her final decision.
“It makes me feel like the rumors are true when people talk about how Oklahoma is a state of finality of conviction over justice,” Smith said.
Smith accuses Tulsa Sheriff Vic Regalado of bias
Notably, Tulsa County Sheriff Vic Regalado was a Tulsa Police Officer in the city’s homicide unit when Smith was arrested on November 17, 2010. He said Regalado decided he was the only suspect based on a witness who later recanted their testimony and refused to investigate the case any further.
“The law is the law. We all have rights, and when you begin to violate a person’s rights intentionally, in a way the public doesn’t see, that’s malicious. And that’s how you get wrongful convictions,” Smith said. “So, to see someone who has excelled in his field and is now the head sheriff, when I look at my case, it makes me wonder what other cases did he not have integrity?”
Despite 15 years behind bars for a crime a federal judge now believes he didn’t commit, Channen Smith said he wants to return to prison as an advocate and use his faith for prison ministry.
“I believe that I’ll be out of here soon. And I want to make a difference. The men in here are still someone’s sons, fathers, brothers, uncles. They still have value. And if I can just show them that, it can change a person,” Smith said. “It took other men in here pouring into me to help me grow, that kept me from succumbing to this place.”
ODOC responds to claims of retaliation
Back in May, Smith accused Oklahoma Department of Corrections staff of retaliation over his case gaining media attention. In our most recent interview at the Mack Alford Correctional Center at the end of July, Smith showed this reporter documents he described as evidence of retaliation.
According to documents he requested from ODOC, Smith was written up for allegedly possessing a cell phone on May 8, a week before our first interview on May 14. Instead of signing for the write up, Smith challenged the infraction and demanded to see video footage of the violation. The write-up was dismissed five days later, one day before our May 14 interview.
“That’s how I got here. You guys are falsifying information and you’re doing it knowingly,” Smith said, referring to ODOC staff at the prison. Smith also accused prison staff of increasing “shakedowns” of his cell and trying to anger gang members in an attempt to instigate fights against Smith.
“That is definitely a form of retaliation. That could put me in harm’s way.”
The Oklahoma Department of Corrections sent the following statement in response to Channen Smith’s claims.
“ODOC does not tolerate retaliation in any form and takes all complaints of retaliation seriously. Anyone found to have retaliated is held accountable for their actions through the agency’s disciplinary process, including termination if deemed appropriate. We have zero tolerance for retaliation. Channen Smith’s cellphone possession misconduct was dismissed and correctly issued based on evidence, as another inmate stepped forward to say the cellphone was his. This is a routine dismissal. Dismissals of misconducts do happen for various reasons, such as another inmate was determined to be guilty of the infraction, the misconduct procedure was not handled within the time allowed by policy or may be dismissed following the appeals process.”
“I’m a fighter”
Ultimately, as Channen Smith prepares to make his final arguments to a judge with the power to exonerate him from an Oklahoma prison, he plans to keep fighting.
“I’m a fighter, and I’m gonna continue to fight for what’s right. I wish more people in authority would maintain the integrity of their positions no matter where they are. When you’re given authority you should honor it, and when you don’t you will be exposed sooner or later.”
Related Stories
- Channen Smith moves closer to exoneration for wrongful conviction
- Longest exoneration in U.S. history: Glynn Simmons a free man
- Julius Jones case deserves independent review from Oklahoma AG
- Richard Glossip set to be retried a third time 25 years after first trial
Thank you, Deon Osborne and The Black Wall Street Times for continuing to follow Channen’s case! We need the exposure and we are so grateful to you for being willing to help us pursue justice!