Wrongfully convicted man denied pardon
Governor withholds pardon for man he convicted

Thursday, August 18, 2005; Posted: 12:49 p.m. EDT (16:49 GMT)

RALEIGH, North Carolina (AP) -- Gov. Mike Easley has refused to pardon a man he sent to prison when he was a prosecutor even though the man was freed after the victims recanted their testimony.

Easley denied the petition of Sylvester Smith, 54, who was convicted in 1984 for first degree rape and two counts of first degree sexual offense, the governor's office said Wednesday.

At the same time, however, the governor pardoned Leo Waters, 56, of New Bern, who served 21 years in prison for a 1981 rape and was freed based on new DNA evidence.

A pardon in North Carolina allows a wrongfully convicted person to seek $20,000 a year from the state for each year the person was imprisoned, up to $500,000.

Smith said Easley had a conflict of interest because he prosecuted the case when he was district attorney in Brunswick County. "I don't think he's man enough to say he made a mistake," Smith said.

A judge ordered Smith released from prison in November. The accusers, who were 5 and 6 at the time of the trial, recanted their earlier testimony and said their grandmother told them to say Smith was responsible for the abuse rather than their 9-year-old cousin. The cousin, who can't be prosecuted because of his age at the time of the crime, is serving a life prison sentence for murder. The grandmother has died.

Smith won a new trial and a prosecutor dismissed the charges.

The governor issued a statement saying his decision was based on a review of the 1984 trial transcript and a recently completed inquiry by the State Bureau of Investigation.

There is no appeal of Easley's decision. Smith's attorney, Roy Trest, said he would file a new petition with the next governor in 2009.

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Insight Into Why Smith's Pardon Was Denied
Aug 18, 2005, 10:55 PM

AUGUST 18, 2005 -- Sylvester Smith won't be getting a pardon, but now Governor Mike Easley's office is releasing some of the evidence used to reach the decision.

Nine months ago, and after 20 years in prison, Smith was freed after two rape victims changed their testimony. They said Smith wasn't the rapist after all.

Smith asked for a pardon to clear his name. It would also entitle him to a $400,000 check from the state.

On Wednesday Easley, the original prosecutor of the case, turned down the pardon request based in part on the State Bureau of Investigation's analysis of the case.

The report states two assistant district attorneys and the mothers of the victims don't believe they were telling the truth when they changed their testimony. It also states Smith took a lie detector test before his original trial and it showed deception.

Smith says the bottom line is that he's innocent.

"The truth is out there. Why not pardon me, clear my name?" says Smith.

Smith believes Easley had a conflict of interest, since he's the man who prosecuted him.

"For the second time he's disappointed me very much," says Smith.

Easley's office says due to state law, the governor couldn't avoid ruling on the case. Since there's no appeal, Smith's only hope is to convince the next governor he deserves a pardon.

Reported by Maggie Alexander