By Robert Giannini
LAWRENCEVILLE, Ga. | A host of doctors who specialize in treating the infant brain agree that there is no evidence that Danyel Smith shook his son. Yet the Gwinnett County District Attorney refuses to grant him a new trial, instead asking him to plead guilty to a crime he did not commit in exchange for his immediate release from prison.
Smith
In 2003, Danyel Smith was convicted of the murder of Chandler, his two-month-old son, based on the now-outdated diagnosis of “shaken baby syndrome.” He was sentenced to life in prison, where he has been for the past 20 years. The only evidence against Mr. Smith at trial was that he was alone with the child for approximately 15 minutes prior to Chandler falling unconscious. Two doctors testified that, absent a better explanation, Chandler must have been shaken.
In the two decades since Mr. Smith’s conviction, the diagnostic approach to “shaken baby syndrome” has changed significantly. Applying this new diagnostic approach, an interdisciplinary group of doctors who study the infant brain—including a renowned pediatric neurosurgeon—have reviewed the case. All agree that there is no evidence to suggest that Chandler was shaken or suffered any traumatic injury while under the care of Mr. Smith.
Rather, medical records and imaging, properly understood today, demonstrate that Chandler died of an ongoing condition in his brain that stemmed from a traumatic premature birth by emergency Cesarean section involving forceps and vacuum extraction. That event tragically led to a skull fracture, chronic bleeding in the brain, and, ultimately, an increase in brain pressure, hemorrhage, stroke, and death. There is no medical evidence of recent trauma or intentional abuse.
After Gwinnett prosecutors got Mr. Smith’s bid for a new trial dismissed without an evidentiary hearing, the Supreme Court of Georgia ruled, unanimously, that he is entitled to such a hearing. The Gwinnett County District Attorney continues to oppose a new trial, instead offering Mr. Smith a plea to time-served. Mr. Smith rejected the offer, unwilling to admit to something he did not do, even though it would mean he would now be walking free today.
Koehler
Fortunately, long-time Lawrenceville criminal defense attorney Christine Koehler has joined Mr. Smith’s defense team. She agreed to join the Southern Center for Human Rights in representing Mr. Smith because she saw it as a once-in-a-lifetime opportunity to exonerate an innocent man. Koehler has agreed to handle the matter pro bono, that is, at no charge to Mr. Smith.
Danyel Smith is approaching his 48th birthday. He has a large supportive family including two sons, who were infants when their father was sent to prison and are now grown. Mr. Smith has no prior criminal record, nor any allegations of child abuse or neglect made against him.
Since 2020, there have been at least eight documented exonerations in “shaken baby” wrongful convictions. Unless Gwinnett prosecutors consent to a new trial, Mr. Smith’s hearing requesting a new trial will occur starting in June in Gwinnett County Superior Court.
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