Should Judge Let Defense Atty Testify re Ex-Client's Alleged Slay Admissions? Gov't Says No Hearsay
A self-confessed Detroit hitman serving time for eight murders reportedly has claimed responsibility as well for four more slayings that another man has been convicted of committing.
But, perhaps fearing that he could face further punishment, Vincent Smothers has declined to testify about the slayings. Instead, he has made the unusual move of waiving attorney-client privilege so that his former defense counsel, Gabi Silver, can tell a Michigan court what he told her about the four 2007 drug house killings, according to the Detroit News.
Attorneys for Devontae Sanford, who was 14 at the time of the four slayings and reportedly is learning-impaired, are seeking to overturn his guilty plea to second-degree murder in the case. They say he was coerced into confessing.
However, the Wayne County prosecutor’s office says Sanford was properly convicted and object to Silver’s testimony concerning what Smothers told her as hearsay, reports the Associated Press.
Although hearsay is permitted under some circumstances, “the proposed statement must have circumstantial guarantees of trustworthiness. That is not present here,” says prosecutor Thomas Chambers in a court filing.
A hearing is scheduled later this week to argue the hearsay issue.
