Judge Will Consider New Motion In Kalvin Michael Smith Case

Lawyers for a Winston-Salem man convicted of a brutal assault nearly 20 years ago have filed a new motion in the case. There's a possibility Kalvin Michael Smith could be a free man, if the judge grants the motion.

A jury convicted Smith in 1997 in connection with an assault at the Silk Plant Forest store in Winston-Salem. He was sentenced to almost 29 years in prison. The attack left the victim, Jill Marker, severely brain-damaged.

Smith, now 45, has maintained his innocence. The latest motion doesn't address his innocence claims.

According to the Winston-Salem Journal, it argues that Smith's trial attorney failed to present certain information to the judge that could have resulted in a shorter sentence on one of his convictions. Those include things such as Smith's work history and strong family support.

If it had been shorter, Smith would be immediately eligible for release because he would have served his time, according to the motion.

Smith's longtime supporters say he was railroaded, and two local inquiries found serious flaws in the case. So far, both federal and state courts have ruled against all of his appeals.