Daniel Smith | November Update
Daniel waits no more. Our long wait for good news from the 3-Judge Panel of the 9th Circuit Appellate Court is over but they did not respond with good news. Far from it. They may have read Daniel's 1,000 page appeal and listened to Daniel's superb defense attorney BUT the news is not good. But...let Daniel express it in grief-stricken words and a broken heart as only he can do:
BACK AT SEA-TAC FEDERAL DETENTION PRISON
Dearest Friends and Family,
What are these feelings I never thought I was capable of feeling before now? All at once my hopes are dashed with a single-word sentence, typeset in all caps as if intended to elicit some sort of shame. "AFFIRMED."
After years of fighting and waiting, a panel of three judges issued a decision last Thursday affirming my convictions and denying my appeal -- without so much as a real analysis of any of the issues, ignoring some altogether, and no deference for the facts, or lack thereof; just a vapid, perfunctory response, filled with conclusory statements parroting the prosecution, devoid of any attempt to give real meaning to the right to an appeal.
So this is how they do it, I say to myself. No justice. No honor. No accountability. No courage to break from the mold of biased jurisprudence. Just greed and self importance, where the only expended effort is to cover backsides.
My attorney too is flabbergasted. No other lawyer to my knowledge has ever put forth such a valiant effort in the acquisition of liberty and justice. I am grateful for his efforts.
So where to from here? In the days ahead my attorney will file a motion for "rehearing en banc" -- a request for certain issues to be heard by all the judges of the circuit and not just three. If that doesn't work, next will come an appeal to the U.S. Supreme Court; but even the highest court in the land hears only 1% of the cases submitted to it. Who am I to think I have anything important to say?
Many of you warned me this would be the outcome -- that I would be railroaded through trial and ignored on appeal. You have, so far, been correct. Your "I told you so's" are humbly acknowledged. But please understand, I had to give everyone the benefit of the doubt that I was hoping to receive myself.
It would seem their deed of darkness is almost complete, yet still I have some lingering hope. I am not at my best right now. I am raw... weary... confused... beat. It will take some time to recover.
It wasn't easy telling my youngest daughter, Sabby, that I won't be home for Christmas. I am scheduled to come home next summer though, and that will have to be good enough. In the meantime, I must allow and surrender to this experience in all its fullness and not even judge my own feelings -- which a friend once told me are neither right nor wrong; they just are.
I have already worked out that I did not do what I was accused of, and I have already worked out that this has been a tremendous journey that some deeper part of me agreed to. I have already worked out that I have been blessed beyond measure by the support of so many friends like you around the world. In the end, for all that I have lost, I have gained in wisdom and experience, and most important, all this love.
I lay my head on my pillow tonight with the song "Thy Will" (Hillary Scott) in my headphones, imagining you are listening too:
"I'm so confused... I know I heard you loud and clear... so I followed through... somehow I ended up here... I don't wanna think... I may never understand... that my broken heart... is a part of your plan.... when I try to pray... all I got is hurt... and these four words... thy will be done... thy will be done... thy will be done... thy will be done."
"I know you're good... but this don't feel good right now... and I know you think... of things I could never think about... its hard to count it all joy... distracted by the noise... just trying to make sense... of all your promises... sometimes I gotta stop... remember that you're God... and I am not... so... thy will be done... thy will be done... thy will be done... like a child on my knees all that comes to me is... thy will be done... thy will be done... thy will..."
"I know you see me... I know you hear me Lord... your plans are for me... goodness you have in store... I know you hear me... I know you see me Lord... your plans are for me... goodness you have in store... so... thy will be done... thy will be done... thy will be done... like a child on my knees all that comes to me is... thy will be done... thy will be done... thy will be done..."
"I know you see me... I know you hear me Lord." ~ Hillary Scott
I'm not giving up. I'm not going away. I'll be back with more soon. Thank you for your continued love and support -- and for not giving up on me.
From Daniel's Father
I can not reach out and hug my Son in his prison cell. I can not take away his pain. In this time of Thanksgiving I am thankful that Daniel will never give up. He knows you need him to be an anchor no matter how choppy the waters may be. Yes, the courts are skilled in dashing all hope and refusing to accept well-founded arguments.
You and I may celebrate Thanksgiving but I think Daniel's turkey will be tasteless and the stuffing will resemble shoe leather. BUT Daniel will take it all in stride and come out of Thanksgiving with complete resolution to push forward to success.
Speaking of pushing forward It has been quite a while since I mentioned the needs of Daniel and his family. The family relocated trying to reduce costs and Daniel has a huge fine pending. Whatever the outcome of his legal attempts that fine will be like a monster albatross choking whatever efforts he attempts. IF you're able to help now it would be wise to make a dent in the debt and help free him from the horrid penalty the Court imposed.
And for those who can help...
Thank you to each of you who faithfully give something to help Daniel and his family’s needs! Continual gracious support demonstrates that he is not alone, his family is not alone either but instead we're a large, caring family who refuse to abandon Daniel. Together let us join voices in saying we are Thankful for you Daniel.
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:
Some find it even simpler to just click the PayPal logo below:
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.
With Gracious Thankfulness
• Jim Humble's MMS Books
• MMS Video Course
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• Make a habit of two things:
to help; or at least to do no harm.
• Walking is man's best medicine.
• Everything in excess is opposed to nature.
-Hippocrates, Father of Western medicine
• Easy, free way to support Jim Humble, Genesis II Church, MMS
Last Edit: by ix.