Daniel Smith | February Update

February 19, 2018

Last month we asked you to sign a Petition pleading with all 29 Judges of the 9th Circuit Court of Appeals to overturn the 3-Judge panel’s denial of Daniel’s appeal. More than 3,000 of you signed. THANK YOU for doing so. So what decision did the 29 Judges make?

Did the 29 Judges read the Petition and send Daniel home? NO.

Did the 29 Judges order a new trial and send Daniel home in the interim? NO.

How many of the 29 Appellate Court Judges agreed that Daniel’s appeal must be heard again?

The Court clerk wrote these dreary words: "The full court has been advised of the Petition for Rehearing En Banc and no judge of the court requested a vote on the Petition...it is DENIED."

That’s right 29 Judges ignored both Daniel’s Appeal for a new hearing and the 3,000 signer Petition. What a travesty.

Well so what is left? Here is Daniel’s response:

Daniel’s Heartfelt message from Prison:

Beloved Friends and Family,

My deepest and warmest thanks to all of you (literally thousands) who signed a recent petition to the Ninth Circuit Court of Appeals asking its judges to rehear my case. Alas, the panel's decision arrived last week: Petition for Rehearing DENIED.  True to form, there was no reason or analysis given. It was as if no one bothered to read -- or care -- that the panel had failed to address the most fundamental issues raised, effectively denying the right to an appeal, just as the district court had denied the right to present a defense at trial.

So what's next ? My attorney is preparing to submit a Petition for Certiorari to the U.S. Supreme Court based upon these and other issues in which the panel -- or its clerk -- ignored the law. A review by the Supreme Court, however, is not an easy thing to acquire, but we will try, and by grace we may prevail. The Ninth Circuit is the most overturned circuit in the nation, so perhaps the Supreme Court will, once again, overturn this denial.

Please don't mistake this report as a cause to be bitter or to rail against injustice. This has been the most brilliant journey and I would not trade it for anything in this life. I can see now it has worked -- and is continuing to work -- a noble purpose in me and hopefully all of us.

As we await now the rest of the story, I want to share with you my latest anthem... my theme song... hoping you'll have a listen... and maybe it will become yours too. Music helps me transduce this journey through emotion into learning and wisdom -- especially here in prison where comforts are so few, tenderness is unknown, and "inward" is the only place to go. The song is called:


So Alive
by The Goo Goo Dolls
https://www.youtube.com/watch?v=XhQFpgtgUXM

Lyrics:

"Feeling like a hero, but I can’t fly
No, you never crash if you don’t try
Took it to the edge, now I know why
Never gonna live if you’re too scared to die

Gonna disconnect from the hard wire
Time to raise a flag for the cease fire
Staring down the hole inside me
Looking in the mirror, making peace with the enemy

I’m so alive, I’m so alive, I’m so alive
You can make it on a wish if you want to
You can make it on a wish if you want to
I’m so alive, I’m so alive, I’m so alive

You can make it on a wish if you want to
You can make it on a wish if you want to

Open up my heart like a shotgun
Blinded by the light of a new sun
Get up, get up, get out and get done
For the first time I feel like someone

Breaking down the walls in my own mind
Keeping my faith for the bad times
Get up, get up, stand like a champion
Take it to the world, gonna sing it like an anthem

I’m so alive, I’m so alive, I’m so alive
You can make it on a wish if you want to
You can make it on a wish if you want to
I’m so alive, I’m so alive, I’m so alive

You can make it on a wish if you want to
You can make it on a wish if you want to

I am no man of steel
I have no heart of stone
Don’t tell me how it feels
I’ll find it on my own

Never gonna live if you’re too scared to die

I’m so alive, I’m so alive, I’m so alive
You can make it on a wish if you want to
You can make it on a wish if you want to
I’m so alive, I’m so alive, I’m so alive
You can make it on a wish if you want to
You can make it on a wish if you want to

I’m so alive, I’m so alive, I’m so alive"

Daniel concludes:

I AM alive - in large part because of each of you. I can't tell you how many times I've felt like giving up. It has been your faithful love, prayers and support that has sustained me -- the wonderful cards and letters, the encouraging words, beautiful stories, and all the support you continue to show my family in this difficult time. Thank you from the deepest part of me.

I will update you again when there is more to share.

With Love, Light, Laughter & Limitlessness!

Daniel


I wish the news was different. But we struggle on hoping against hope that somehow the Justice system will eventually make a fair and favorable ruling. Thank you again for accepting Daniel’s fight as your own and together as a united voice we can help change the outcome of this miscarriage of justice.

And for those who can help...

Thank you so much for the many of you that gave a love gift last month to help Daniel’s family’s needs and for lowering the balance on his fine. Your continual gracious support demonstrates that you're saying: Daniel, You are not alone. We believe in you. Thank you for standing up for us Daniel! Now we are standing up for you!

Any assistance can best be sent through PayPal’s Send Money. When PayPal asks for the email to which your donation is to be sent, simply type (copy & paste does not work) ~ ~ either type:

This email address is being protected from spambots. You need JavaScript enabled to view it.
or
This email address is being protected from spambots. You need JavaScript enabled to view it.

Some find it even simpler to just click the PayPal logo below:
ppd2

If you prefer to send your donation conventionally: USPS, UPS, FedEx, etc. please send it to:

Larry Smith 9208 NE Highway 99, Suite 107-165 Vancouver, WA 98665-8986

This "suite" is simply a type of a post office box - with a street address.

Please Note: It is not possible for Daniel to have his own bank account while in prison ~ that’s why, I his father, receive it for him. To be deposited for Daniel’s and his family’s use it needs to be made out to Larry Smith.

Overwhelmed By Your Gracious Support

Larry Smith
Daniel’s Father