William F. Smithson, a gay man convicted of the 2006 strangulation death of coworker Jason Shephard, has filed an appeal in federal court, seeking a new trial.
In 2008, a Delaware County jury convicted Smithson of second-degree murder, and he’s serving a sentence of life imprisonment without parole. But Smithson maintains his trial attorney served him ineffectively, thus violating his constitutional right to a fair trial.
Smithson’s 28-page appeal recently was filed with U.S. District Judge C. Darnell Jones 2d. It emphasizes Smithson’s innocence and contends authorities failed to investigate C. Bruce Covington, who also was in Smithson’s home when Shephard was strangled.
“Smithson was only 140 pounds and 5 foot, 8 inches [tall] at the time of this incident, and wasn’t capable of inflicting the injuries that Shephard suffered,” the appeal states. “Covington was much larger and more than capable of inflicting the injuries upon Shephard that led to his death.”
G. Guy Smith served as Smithson’s trial attorney. He couldn’t be reached for comment. The appeal describes Smith’s legal representation as “pitiful” and “outrageous.”
Smith allegedly failed to conduct an adequate investigation into Covington, who admitted bringing illicit drugs into Smithson’s home during the evening of Shephard’s death.
“Smithson has always asserted that Covington killed Shephard,” the appeal states. “The bottom line here is this: No serious investigation took place of Mr. Bruce Covington by [Smith].”
The appeal also faults Smith for failing to cross-examine key witnesses in the case, and failing to impeach the testimony of Daniel Hall, a former lover of Smithson who gave incriminating testimony against him.
Hall allegedly told police that Smithson admitted getting into an altercation with Shephard. But Smithson denies making such an admission, and the tape recording of Hall’s police interview is missing.
According to Smithson’s appeal, Hall suffered from paranoia and substance-abuse issues, which Smith failed to convey to jurors.
Hall died in April 2013.
Smithson’s appeal also blasts the Delaware County District Attorney’s Office for altering legal documents and placing a court seal on them, without authorization to do so.
“What the [D.A.’s Office] did here is unacceptable,” the appeal states. “It’s as simple as that.”
William R. Toal 3d, a Delaware County prosecutor handling the case, declined to comment.
Advocates for Smithson say there’s no direct evidence linking him to Shephard’s murder. They claim Smithson’s second-degree murder conviction was due largely to homophobia.
But authorities insist Smithson administered the date-rape drug gamma hydroxybutyric acid, or GHB, to Shephard and tried to rape him prior to strangling him.
Covington was convicted of drug-related charges stemming from the incident, but prosecutors say he wasn’t Shephard’s killer.
In a prior interview, Smithson said he was heavily drugged by Covington, and passed out while Shephard was still alive. When he woke up the next morning, still groggy from the drugs, he discovered Shephard’s corpse in his home, panicked and tried to cover-up the situation.
Over the last six years, Smithson has pursued appeals in state courts, but they have been consistently denied.
Smithson remains incarcerated at the state prison in Graterford.