Defense medical experts contend Danyel Smith was wrongly convicted in 2003 of the shaken-baby murder of his 2-month-old son because Chandler died from natural causes brought on by seizures and a premature birth.
Yet Gwinnett County Superior Court Judge Ronnie Batchelor has denied Smith’s extraordinary bid for a new trial based on newly discovered evidence. The 30-page order, written by Gwinnett prosecutors and signed by Batchelor on Sept. 25, said credible and reliable evidence continues to show “that the medical findings in this case remain indicative of non-accidental abusive trauma.”
Smith will appeal the decision “as we continue the fight to undo this wrongful conviction,” said Mark Loudon-Brown, one of his lawyers.
“We are devastated for Mr. Smith and deeply disappointed in this ruling,” Loudon-Brown said. ” … The evidence conclusively showed that Mr. Smith is innocent, yet he remains in prison.”
Credit: Pete Corson