Smith v. United States

68 A.3d 729, 2013 WL 2435568, 2013 D.C. App. LEXIS 282
CourtDistrict of Columbia Court of Appeals
DecidedJune 6, 2013
DocketNos. 10-CF-612, 10-CF-747
StatusPublished
Cited by14 cases

This text of 68 A.3d 729 (Smith v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. United States, 68 A.3d 729, 2013 WL 2435568, 2013 D.C. App. LEXIS 282 (D.C. 2013).

Opinion

NEBEKER, Senior Judge:

On March 22, 2010, a jury found appellant Aton L. Smith guilty of obstructing justice1 and two counts of introducing contraband into a penal institution,2 and appellant Tela N. Thompson guilty of introducing contraband into a penal institution, three counts of perjury,3 and obstructing justice.4 Appellant Smith argues on appeal that (1) the trial court erred in defining “contraband messages” in its jury instructions, (2) the contraband message statute is unconstitutionally vague, and (3) his conviction for obstruction of justice was against the weight of the evidence. Appellant Thompson argues that there was insufficient evidence to support her perjury and obstruction of justice convictions.5 We disagree and affirm.

Factual Overview6

On January 21, 2009, Tony Stover went to his neighbors’ apartment and spoke with Akia Smith,7 regarding his missing property.8 Mr. Stover told Akia that he believed her family had his DVD player and she asked him to return later when he could speak with her father, William Smith. Later that same evening, Mr. Sto-ver and his friend, Janazzo Boyd, returned to the Smith family apartment in order to speak with William. William assured the men that the property would be returned.

After speaking with William, Mr. Stover and Mr. Boyd exited the apartment build[733]*733ing and were walking toward Maryland Avenue when a man, whom Mr. Stover later described to the police as light-skinned, wearing dark clothing, and having dreadlocks and a tattoo on his face, began shooting a gun in their direction.9 Mr. Stover ran away from the shooter and approached a police cruiser for assistance. Mr. Stover described the shooter and told the police officers about his confrontation with the Smiths just before the shooting.

The police officers went to Mr. Stover’s apartment building and saw an individual inside the building running past a window. One officer ran in the same direction as that individual and ended up at the Smith’s apartment. A second officer went to the rear of the building and heard a commotion on the top floor. He testified that when he looked up he saw the outline of a person inside an open window, which was later identified as a window in the Smith’s apartment, from which the screen was bent out. The officer looked down and saw a silver handgun on the ground in front of the window.10 The officer looked back up at the window and saw “a hand pulling the screen back in.” The officers searched and secured the apartment, and noticed that appellant Smith matched the description of the alleged assailant. The police officers conducted a show-up identification during which Mr. Stover identified appellant Smith as the shooter.11 Appellant Smith was arrested and detained pending trial.

On March 17, 2009, appellant Thompson testified at a grand jury that was investigating the shooting that she and appellant Smith were in the middle bedroom during the night of the shooting. She testified that she did not hear the gunshots, but was aware of the shooting because others in the apartment heard the gunshots and began yelling, at which point she and appellant Smith went into the living room.

On March 2, 2010, Louis Hicks, who was present at the Smith family apartment at the night of the shooting, testified at trial that he was in the living room when Mr. Stover entered to discuss the missing DVD player. Mr. Hicks testified that appellant Smith was in the living room at some point during this discussion, and soon after Mr. Stover left the apartment, appellant Smith and his brothers, Adrien and Arnell Smith, left the apartment. According to Mr. Hicks, Adrien returned to the apartment before he heard gunshots. After Mr. Hicks heard the gunshots he ran and hid in the bathroom. Once he returned to the living room he saw appellant Smith and Arnell in the apartment.

During trial, Mr. Stover recanted his identification and insisted that he did not see the person who shot at him.12 The government asked about his grand jury testimony, in which he identified appellant Smith as the shooter, and Mr. Stover replied that the “government made me believe that that’s who it was, so that’s what I ran with.” Akia testified that she was in the living room when she heard the gunshots. She stated that she did not see anyone leave or enter the apartment after [734]*734Mr. Stover left, and she thought that appellant Smith was in the living room when she heard the gunshots. When she went into the middle bedroom to check on her four children neither appellant Smith nor appellant Thompson was in the bedroom.

During Appellant Thompson’s grand jury testimony in March 2009 she stated that the only number that appellant Smith had contacted her at since he had been in jail was her house phone number. She also testified that appellant Smith never contacted her from a cell phone while he was in prison. During the trial, the government produced cell phone records that showed that a cell phone recovered in prison made approximately 859 phone calls to a cell phone belonging to appellant Thompson. The cell phone recovered in prison was confiscated by prison staff, and its number was identified as appellant Smith’s cell phone number by several witnesses, including his girlfriend, Chari Thompson. Chari Thompson testified that she communicated by cell phone with appellant Smith while he was in prison and that appellant Smith possessed a cell phone in prison. William testified that appellant Smith had called him from prison on a cell phone, but he did not know if appellant Smith ever spoke to appellant Thompson from the cell phone.

Appellant Smith testified at trial that he had called appellant Thompson from a cell phone while he was in prison, but appellant Thompson did not know he was calling her from a cell phone.13 He also denied ever receiving phone calls from appellant Thompson on the cell phone recovered in the prison. He testified that he did not recognize the cell phone number belonging to appellant Thompson, even after the prosecutor presented a recorded phone conversation between appellant Thompson and appellant Smith where appellant Smith called appellant Thompson on that cell phone number from a prison phone. Appellant Smith also testified that Mr. Stover’s brother, Marcel, who was on the same cellbloek, did not tell him that Mr. Stover was in protective custody, and did not give him Mr. Stover’s cell phone number.

Analysis

A. The Contraband Message Statute

1. Definition of “Contraband Message” in the Trial Court’s Jury Instructions

On February 17, 2010, the government submitted a memorandum of law and proposed jury instruction for the charge against both defendants of introducing contraband into a penal institution.14 In its memorandum, the government proposed as the definition of “contraband message” “a message conveyed by any means not authorized by the D.C. Department of Corrections.”15 The government [735]*735explained at a hearing on the same day that its definition was consistent with the statute’s purpose of maintaining prison security.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Potomac Place Assoc., LLC v. Mendez
District of Columbia Court of Appeals, 2025
District of Columbia Metropolitan Police Department v. Porter
District of Columbia Court of Appeals, 2025
Velasquez Cardozo v. United States
District of Columbia Court of Appeals, 2024
Decuir v. United States
District of Columbia Court of Appeals, 2022
Francis v. United States
District of Columbia Court of Appeals, 2021
Donna Black v. DC Dept. of Human Servs.
188 A.3d 840 (District of Columbia Court of Appeals, 2018)
Reynard Eaglin v. District of Columbia
123 A.3d 953 (District of Columbia Court of Appeals, 2015)
Darnell Hawkins & Marvin Verter, Jr. v. United States
119 A.3d 687 (District of Columbia Court of Appeals, 2015)
Tawanda Sheffield, Steven D. Lewis, and Allen Butler v. United States
111 A.3d 611 (District of Columbia Court of Appeals, 2015)
Darius Brown and Jamal Shepherd v. United States
89 A.3d 98 (District of Columbia Court of Appeals, 2014)
Smith v. United States
134 S. Ct. 708 (Supreme Court, 2013)
Thompson v. United States
134 S. Ct. 451 (Supreme Court, 2013)
Silver v. United States
73 A.3d 1022 (District of Columbia Court of Appeals, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
68 A.3d 729, 2013 WL 2435568, 2013 D.C. App. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-united-states-dc-2013.