GWINNETT COUNTY, GA — A bond hearing is set Tuesday for a Gwinnett County father whose murder conviction in the death of his infant son was overturned after more than two decades behind bars.
Danyel Smith won his motion for a new trial earlier this year, overturning his murder conviction after new medical evidence found his son died of medical complications. The case had previously been called a “shaken baby” case.
Prosecutors are appealing the ruling granting Smith a new trial. Tuesday’s hearing will determine whether the now 51-year-old can leave prison for the first time in more than 23 years while the appeal process plays out.
Smith’s fiancée, Tasha Pyatt, said she is hopeful ahead of the hearing.
“I would say it’s about 99% excitement, but that 1% jitter, and it’s because we’ve been down this road so many times,” Pyatt said.
Pyatt said their families have already prepared for the possibility of Smith returning home.
“We have a balloon arch at the entryway. As soon as you open my door you see this huge Welcome Home sign; it’s like our superbowl right now,” Pyatt said.
“I just want to lay in his arms and that’s all he wants to do with me,” she added.
Smith has maintained his innocence since his initial trial and conviction. He previously rejected a deal that could have given him the opportunity to leave prison if he admitted to the crime, saying he would not admit to something he did not do.
State Rep. Marvin Lim is calling for the charges against Smith to be dropped and questioned the decision to continue prosecuting the case.
“This person has had no other criminal history other than this conviction that has been overturned, subjected to a new trial. Are we meeting the demands of the justice system? Are we adding anything new by continuing to prosecute this person?” Lim said.
Lim also pointed to the medical evidence in the case.
“In a world where so many of the ‘truths’ or facts are changing, and science is being used for political purposes, I think it’s compelling and indeed extraordinary to me to attempt to speak out when it is clear science is in fact weighing on the side of a man’s innocence,” Lim said.
“You cannot get back the time spent incarcerated,” he added.
Pyatt said the family believes Smith has been through enough.
“Enough is enough. This family has been through enough, Danyel has been through enough,” Pyatt said.
