Tale of Two Murder Confessors

Davontae Sanford (left) &
Vincent Smothers

A few weeks ago, the New Yorker ran an article titled: Letter from Detroit: The Hit Man's Tale. The piece features a multiple shooting homicide from 2007, to which two different persons have separately confessed: a hit man, and a local kid, apparently trying to acquire some street credibility.

The self-proclaimed hit man is Vincent Smothers, doing 50-100 years at the Michigan Reformatory in Ionia, MI for a series of murders-for-hire to which he confessed, including the multiple shooting deaths of 4 victims on Runyon in Detroit.

His most infamous "hit", other than the Runyon job, was Rose Cobb, the wife of Detroit Police officer David Cobb, who ultimately hung himself in a jail cell.  Smothers confessed to more than a dozen murders, mostly drug dealers, but it was Ms. Cobb's murder that caused his conscience to come clean with law enforcement. Like Cobb, Smothers attempted suicide; unlike Cobb, he was unsuccessful.

The kid, Davontae Sanford, was sentenced to 37-90 years on 4-counts of second-degree murder for the same Runyon shootings.  Sanford was initially represented by the Frank Murphy Hall of Justice legend, Robert Slamenka, following his confession to the Runyon murders.

As defense attorneys, we here at the Law Blogger are still amazed why folks tender confessions to [serious] things that they did not do.  But when it comes to juveniles, they are often manipulated by their interrogators.

Well, in this case, the apparent consequence of Sanford's confession to the Runyon murders was that the DPD ignored the hit man's detailed confession to the same dirty deeds.  They had their man on the Runyon murders [Sanford], and "that-was-that."

According to Sanford's trial transcript, Wayne Circuit Judge Brian Sullivan pushed both sides to produce a plea agreement.  Sanford's plea, in hindsight, may have been rationale given Judge Sullivan's comments at his sentencing that, had he not pled, Sanford would have been sentenced to "the bullet", i.e. life in prison.

His appeal is currently pending with the Michigan Court of Appeals; an amicus brief has been filed by UM Law's Innocence Project, led by Law Professor David Moran.

For her part, Sanford's mother claims her son was pressured to tender the murder pleas by Slameka, his initial court-appointed attorney.  For his part, Smothers, the hit man, wishes Sanford well, thinks it is time for Sanford to go home, and personally longs for the day that, "I run across whoever will kill me."

Post Script:  Nearly a year since this post, the Court of Appeals has ruled that Smothers can testify at Sanford's trial court remand hearing.

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Posted in: criminal defense lawyer,Davontae Sanford,Detroit,Detroit Police Department,Judge Brian Sullivan,New Yorker,Professor David Moran,Robert Slameka,Rose Cobb,Vincent Smothers

UM Law School Challenges Constitutionality of Felony Child Support Statute

The mighty UM Law School has its hands all over the recent constitutional challenge to the felony child support statute.  The case was originally charged by UM Law Alumni and Michigan Attorney General Mike Cox.  The defendant-appellant in the case is represented by the Michigan Innocence Project, run out of the UM Law School by Professor David Moran.

The case, People vs Likine, was the subject of a one-day jury trial in the Oakland County Circuit Court back in November 2008.  Years earlier, Selesa Likine was ordered to pay child support for her three minor children pursuant to her divorce proceedings; also in Oakland County.  The criminal case against Likine charged that she fell behind on the support payments from 2005 through 2008, creating arrears in the amount of nearly fifty thousand dollars.

Ms Likine attempted to assert the defense of an "inability to pay" the support ordered by the family court.  She claimed disability via the Social Security Administration stemming from her diagnosis of Schizoaffective Disorder and Major Depressive Disorder.  Likine also asserted that she was unemployed due to a lengthily hospitalization at the beginning of the charging period.  She further claimed that her support obligation was erroneously calculated by the family court, as it was based on a "phantom" imputed income of $5000 per month; a wage she claims she never earned in her entire life.

The felony child support statute is one of strict liability.  The Michigan Court of Appeals ruled in a 2004 published case (People v Adams) that a defendant cannot assert a defense at trial of his or her, "inability to pay" the court-ordered child support.

Accordingly, in the Likine case, the Attorney General requested trial judge John McDonald to preclude Likine from introducing any of the above facts regarding her disability and resulting lack of income from jury consideration.  The AG's motion was granted based on the Court of Appeals' Adams ruling.

Just prior to the beginning of her criminal trial, Likine's attorney moved for reconsideration of Judge McDonald's evidentiary ruling; this time arguing that precluding her from presenting evidence of her "ability to pay" and of her employment history, violated Likine's constitutional Due Process rights under the 14th Amendment to the United States Constitution.  The motion was again denied.

Not surprisingly, Likine was convicted by the jury of failing to pay court-ordered child support and sentenced to one-year probation.  When the jury was deliberating her case, however, they sent out a note to Judge McDonald asking for information about Ms Likine's employment history.  Due to his earlier rulings in the case, Judge McDonald refused to answer the jury's query.

Following her jury trial, Likine secured appellate representation from UM's Professor Moran, who filed a motion for new trial; this time asserting that Likine's conviction violated the Michigan Constitution.  McDonald, stating that he sometimes disagreed with the Court of Appeals' Adams decision, nevertheless denied the motion.

In her appeal currently pending before the Michigan Court of Appeals, Likine relies on a Michigan Supreme  Court decision from 1889 which held that statutes cannot criminalize conduct which, through no fault of the defendant, is impossible to avoid.  Professor Moran asserts that such a criminal law lacks the requisite, "voluntary actus reus" (bad act).

Along the same lines, Professor Moran raises a claim of violation of federal Due Process under the U.S. Constitution.  In this fashion, Likine argues on appeal that the Court of Appeals' Adams decision wrongly eliminates the actus reus requirement of the felony child support statute, rendering it unconstitutional on its face.

In response, the Attorney General asserts that Adams remains controlling in felony child support convictions. The AG's argument is that the Michigan Constitution is not offended when a "prior judicial determination" establishes a payment obligation for which it is a crime to ignore.  Since Likine's support obligation was established by the family court, she was afforded Due Process.

In a somewhat surprising move given the high-powered counsel on both sides, the Court of Appeals has submitted the case to a 3-judge panel for decision without the benefit of oral argument.  The order to dispose of the case solely on the briefs was issued last week, despite both sides filing timely briefs which requested oral argument.

The losing side on this one will probably try to take the issue before the Michigan Supreme Court.

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Posted in: Attorney General Mike Cox,felony child support,Michigan Innocence Project,Oakland Circuit Court Judge John McDonald,Professor David Moran,Selesa Likine,University of Michigan Law School