Dear Friends,
We at the National Center of Reason and Justice (NCRJ) have recently received wonderful news about this case, which we have been sponsoring since shortly after our founding in 2002. NCRJ Executive Director, Bob Chatelle, was even corresponding with Joseph Allen before NCRJ existed. It’s been a very long and often heartbreaking haul.
For those not familiar with the case, or who need to have their memories refreshed, we include below a brief summary. Others may wish to go directly to the good news.
Nancy Smith was a bus driver for the Head Start Program. Joseph Allen, a black man originally from Alabama, had little education and supported himself as best he could.
On May 7, 1993, a 37-year-old single mother named Margie Grondin accused Smith and a man named Joseph of horrific sexual and physical abuse.
The case was thoroughly investigated by a respected and seasoned detective named Tom Cantu. His conclusion: no evidence that the girl had been abused in any way,
Margie Grondin was infuriated. She contacted other Head Start parents and went to the media. Panic ensued and more accusations were brought. Two ambitious prosecutors, Greg White and Jonathan Roenbaum, took over the case, took Cantu off it, and supervised a disgraceful “investigation.” No real evidence was found, but they took the case to trial.
Smith and Allen had inadequate legal representation Because Smith and Allen could not prove their innocence beyond all doubt, both were convicted in July of 1994. Smith was sentenced to 30 to 94 years. Joseph was given five consecutive life sentences.
Their situations seemed hopeless. Nevertheless,the NCRJ took the case on.
Finally, a miracle occurred.
In early 2009, Smith and Allen were separately called back to Court. A clerical error had been discovered, necessitating resentencing. Instead of resentencing, however, Judge James Burge released them both on bond while he reviewed their records.
In June of 2009, after conducting his review, Burge called Smith and Allen back to court for resentencing. But instead of sending them back to prison, he acquitted both of all charges, having concluded that there was no reliable or credible evidence against them.
But the miracle was unfortunately short lived. The then District Attorney, Dennis Will, with the backing of then state Attorney General, Richard Cordray, appealed the acquittals to the Ohio Supreme Court. Appealing a conviction is not something that is supposed to happen. Nevertheless, Will and Cordray prevailed. The Ohio Supreme Court reinstated the convictions in January of 2011.
Lawyers for Smith and Allen filed Clemency petitions with the Governor (John Kasich at the time, Mark DeWine currently). These petitions still sit on the Governor’s desk. Neither Governor had the moral courage to undo the horrible injustice.
Lawyers for Smith and Allen entered into plea bargains with the DA.
By the summer of 2013, most of the media and public were convinced that both Smith and Allen were innocent. Prosecutors made a deal with Nancy’s lawyers for her to accept a sentence of time served in exchange for her agreement to pursue no further legal action. While Nancy has not been legally exonerated, she no longer has to fear being sent back to prison.
Judge Virgil Sinclair, however, refused to accept such a deal for Joseph Allen and sent him back to prison, although with his sentence reduced to 25 years, including 15 already served. Joseph also gave up all of his rights of appeal.
Joseph’s case now seemed even more hopeless. But the NCRJ refused to give up. We found him new and better legal representation. They could not work pro bono, but the NCRJ successfully raised the funds to pay them. The Executive Director even signed the contract agreement personally, making himself liable for the expenses should NCRJ be unable to raise the necessary funds. Fortunately for him, this was not necessary.
Then another miracle occurred. Reformist attorney J.D. Tomlinson defeated DA Dennis Will in the primary, and was elected Lorain District Attorney in November, 2020. A pair of fresh eyes would reexamine the Smith-Allen case.
The Good News
Finally, a couple days ago, we received some very good news.
With the cooperation of DA Tomlinson, Attorneys Paula Brown and Ricky Parsons filed a motion to undo Joseph’s onerous plea agreement.
Joseph’s attorneys and Mark Godsey of the Ohio Innocence Project filed a new-trial Motion for Smith and Allen. Among other things, the motion contains devastating information about Margie Grondin, the woman who created this mess. The chief source for this information: her son.
Yesterday, NCRJ received the state’s response to the new-trial motion: they do not oppose.
It is now in the hands of a judge. While success is not guaranteed, we have much reason to be hopeful.
Hallelujah!
Please support the National Center for Reason and Justice.
The NCRJ spent nearly 20 years supporting Smith and Allen. After Joseph was returned to prison, they focused on Joseph. NCRJ did more than work with the attorneys. NCRJ gave him constant moral support, including continual letters, emails, and telephone calls. We even paid for his calls to his family and put money into his commissary account each month. The Executive Director flew from Massachusetts to Ohio to attend his last (unsuccessful of course) parole hearing.
NCRJ has worked hard for Smith and Allen. As we did for Bernard Baran, the San Antonio Four, and Victor Rosario. As they continue to work for Francisco Fuster, Gunther Fiek, the Yankton Four, and others.
NCRJ conducts one fund drive a year, which is going on now.
If you have not already done so, we hope you use this button to show your support.
Thank you for your support of justice!
Yesterday we sent out a link to a GoFundMe appeal to raise funds for Frank Fuster, an innocent man who has been behind bars for 37 years.
