Reminder: Back in 2015 at Daniel’s trial the Court-Appointed Attorney refused to put on any Defense. That’s correct. When the Prosecution completed their case, the Judge recessed for lunch. After lunch Daniel’s attorney shocked everyone when he said, “Though my client will be furious at me, The Defense Rests.” He did not call any witnesses - Zero defense.

Thus Daniel was convicted without ever being able to call his witnesses. I guess that should be called “a one-half trial.

Daniel immediately appealed the conviction. Over a year later the appeal was denied by the 9th Circuit Court of Appeals and then one year ago the U.S. Supreme Court didn’t look at the appeal. The Supremes are only able to consider 1% of all the appeals they receive.

That is why Daniel’s last chance to overturn his conviction is by filing a 2255 Motion with the Trial Judge. This is what I’ve been explaining in the last few Daniel Updates.

Please note that I’m not an attorney and may not be using the correct legalese - but I did the best I could to help you understand all this. Forgive me if I failed you.

Status of the 2255 Last-Hope Appeal.

As you read this the trial Judge is just receiving the masterfully prepared appeal. She has four or more options:

  1. She can Deny It - thus ending all hope to overturn his conviction.
  2. She can appoint an attorney to argue for Daniel’s appeal as it must be argued by an Attorney.
  3. She can require Daniel to hire and pay for his current attorney to argue for Daniel’s appeal.
  4. She could order it sent to an Appellate Court.

Daniel is battling discouragement and who can blame him? He has worked himself to the bone crafting this appeal. Now he must  await the Court’s decision.

Please continue praying for him as you've been faithfully doing.

I know you folks want to be kept informed so in the next Update (November) I’ll explain the 2255 Appeal’s status at that time. I also hope my health will allow me to continue writing these Updates for you.

Thanks to each of you who have sacrificed to get Daniel this far. If the Court requires Daniel to pay for his Attorney ~ (Option 3 above) sadly Daniel’s Trust Account is still short to cover it.  Should you be able to help now - just a bit - it will really help Daniel.

Should the Court decide Daniel doesn’t have to pay for the attorney then any donations will be put into his Trust Account which will continue to help with the family’s needs until he is paid enough to handle it himself.

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). Please either type:

This email address is being protected from spambots. You need JavaScript enabled to view it.
This email address is being protected from spambots. You need JavaScript enabled to view it. ...(both addresses go into the same account)

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

If you prefer to send bitcoin, you may use the following address: 17qhzb7UYyWNjyZWUpMegyPqah24TqVEKY

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 still not possible for Daniel to have his own bank account ~ that’s why,  I his father, receive it for him. For any checks to be deposited for Daniel’s and his family’s use it needs to be made out to Larry Smith.

Exciting Days Are Coming

Larry Smith

Daniel’s Father