State of Maryland Apologizes to Wrongly Convicted Man

Heidi • September 26, 2023

Demetrius Smith spent one year incarcerated after his innocence was proved

A man wrongly convicted of two separate violent crimes will be compensated by the state of Maryland after spending years behind bars, including over a year after he had been proven innocent. A Maryland board approved more than $340,000 for a settlement last week in compensation for Demetrius Smith, who was wrongly convicted of murder and first-degree assault in 2008 at the age of 25, and spent more than five years in prison.


Maryland Governor Wes Moore, who chairs the three-member Board of Public Works, apologized to Smith before the board approved the settlement, noting that it's been more than a decade since his release in 2013. "We're here today more than 10 years after he was released from incarceration, providing Mr. Smith with long overdue justice that he was deprived of, an apology from the state of Maryland that until today he's never received," Moore told Smith, who attended the hearing in person.


"I am deeply sorry for the fact that our justice system failed you not once, but our justice system failed you twice, and while no amount of money can make up for what was taken from you, the action this board is taking today represents a formal acknowledgment from the state for the injustice that was caused," Moore told Smith.


Governor Moore noted that at Smith's bail hearing, the judge said the case before him was "probably the thinnest case" he had ever seen. But, Moore said, "the prosecution was determined to press forward, relying on testimony from a witness who was later found to have not even been at the scene of the crime." Less than two months after his arrest, while on bail, Smith was arrested and taken into custody for first-degree assault. Once again, the prosecution relied on witnesses who later recanted their testimony, the governor said.


In 2011, the Maryland U.S. attorney's office charged the person who was actually responsible for the murder, and Smith's innocence was proven. But he still spent another year and a half in prison, the governor said. It wasn't until 2012 that the state finally dropped the murder conviction.



Charles McCrory (Photo: Alabama Department of Correctios)
By Heidi July 29, 2025
In 1985, Charles McCrory was wrongly convicted for the murder of his wife in Alabama with “bite mark” evidence, now considered junk science and a leading contributor of wrongful convictions.
Robert Roberson in a phone interview (Photo: Gideon Rogers/Texas Public Radio)
By Heidi July 28, 2025
Robert Roberson is entitled to a new trial, as the Texas-planned State-sponsored murder of a man many believe to be innocent is the furthest thing from justice.
illustration of an open boksyl
By Heidi July 26, 2025
"From Brilliant Mind to Broken Prison System: My Journey Through Incarceration, Re-entry, and Redemption" is written by formerly incarcerated writer Anthony McCarary
The former Dozier School for Boys campus in Marianna, FL (Alicia Vera/The Marshall Project)
By Heidi July 25, 2025
An investigative report from The Marshall Project found at least 50 boys who stayed at two different abusive reform schools in Florida ended up on death row.
Jimmie Duncan and his girlfriend Zoe (Photo: Zoe Grigsby)
By Heidi July 23, 2025
Louisiana prosecutors ask to reinstate Jimmie Duncan's death penalty sentence that was vacated in April 2025 due to a prosecution that relied on junk science.
CCWP hosts a 30 year anniversary event with author Dr. Angela Davis 11/5/2025 5p-8p PT In Oakland CA
By Heidi July 21, 2025
California Coalition for Women's Prisoners hosts an event celebrating 30 years of organizing across the walls of women’s prisons with Dr. Angela Davis on 11/5/2025
STOP Secret Police - Add your support for SB 627 and encourage your CA legislator to do the same.
By Heidi July 18, 2025
Masked law enforcement bring chaos to our communities. CA legislators are taking action: SB 627 bans all law enforcement from covering their faces when policing our neighborhoods.
Officers at the US penitentiary in Thomson, IL use a four-point restraint (US Attorney, N. Illinois)
By Heidi July 17, 2025
US DOJ's Office of the Inspector General (OIG) report is critical of the federal Bureau of Prisons' (BOP) use of restraints on prisoners, noting officials violated their own rules.
Ella Baker Center Virtual Mail Night is Monday 7/21 530p-730p PT. Register: bit.ly/MAILNIGHT721
By Heidi July 16, 2025
Ella Baker Center hosts a virtual mail night where attendees respond to letters from incarcerated people. The next event is Monday July 21st,530p-730p PT.
Charles Collins (left), and Brian Boles (right) in a New York City Courtroom (Steven Hirsch/New York
By Heidi July 15, 2025
Brian Boles and Charles Collins were exonerated for a 1994 murder after new DNA testing made it impossible to uphold their convictions in New York City.
Show More