Daniel Smith | September Update
September 18th, 2017
Daniel’s Appeal was heard by 3 Appellate Judges on August 30, 2017. How did the Judges rule? No one knows...yet. I can’t even tell you much about the hearing. Daniel’s attorney said the 3 Judges gave him 15 minutes to open the hearing. He highlighted the key points of the nearly 1,000 page-long appeal he had prepared and provided to them a month earlier. He could not read their facial expressions and they did not ask him anything.
Next the Government Prosecutor used his 15 minutes to argue against Daniel’s appeal and only selected about 3 or 4 key points to support his opposition. When he finished one Judge asked him a question and when his answer didn’t satisfy her she rephrased it and he tried again. Again Daniel’s attorney could not read their facial expressions.
The Judges gave Daniel’s attorney one minute additional to rebut the Government’s arguments. Again he could not read their facial expressions and they did not ask him anything.
That concluded the oral appeal hearing. I waited 3 weeks before writing this Update hoping to be able to share their decision with you. But the turtle-pace of Justice continues. Once their ruling is in I’ll update you ASAP.
Today, September 18, 2017, Daniel is in his 3rd year in prison. He has been jailed for 880 days after not being allowed to even put on a defense which is every American’s Constitutional right...isn’t it?
BACK AT SEA-TAC FEDERAL DETENTION PRISON
Dearest Friends & Family:
As my Father has told you, a panel of three judges recently heard thirty minutes of oral argument on my direct appeal. There is nothing to report yet, as we are awaiting a decision that could take weeks or even months. However, the case was "expedited" and perhaps this means a decision could come sooner than later.
I am encouraged. The panel deciding the case are among the best in the circuit and I believe their knowledge and experience will guide them in applying the law with objectivity. My appellate defense attorney has done a tremendous job of showing how the government's case is without merit.
As most of you know, I took the case to trial because I could not - on principle - plead guilty to crimes neither I nor my co-defendants committed. Nobody likes a bully - especially when they're picking on your family. However, my co-defendants - including my beloved Karis - were forced to plead to misdemeanors in order to avoid the gauntlet I have endured the last three years. In Karis' case, we were unwilling to deprive our youngest, Sabrielle, of both her parents for an undetermined amount of time on a gamble that justice would win in the end. The prosecutor knew this from the beginning. Thankfully, everyone rejected their first offers to plead to felonies.
One of my all-time favorite movies is "Vanilla Skies" (feat. Tom & Penelope Cruise/Cruz). Spoiler Alert: A majority of the story takes place within a "lucid dream" under cryogenic sleep, which David (Tom Cruise) purchases from a futuristic tech company, "Life Extensions", when his real life becomes unbearable. However, something goes terribly wrong. David calls on "tech support" who meets him (in his dream) and explains that his nightmares have been a creation of his own imagination, but the problem has been fixed.
What comes to mind for me - over and over - in this last leg of my journey, is a statement tech support makes to David in that final scene. He says: "Its been a brilliant journey of self awakening." And now David has a choice. He can either stay in the lucid dream (with upgrades of course), or wake up. In order for David to wake up, however, he must face his last remaining fear (a fear of heights) by leaping (in his dream) from the ledge of a building under Monet skies - a scenario, as it turns out, he chose for himself when he signed up for the lucid dream.
Perhaps the metaphor is not lost on you. For me, somewhere beyond this nightmare - the conflict, the David vs. Goliath (FDA/Big Pharma), right vs. wrong, the righteous indignation felt over the government's unscrupulous actions, the District Court's failure to remedy, the seeming flaws and brokenness of our criminal justice system - there remains one undeniable truth: I chose this scenario. And I did so with the "tech support" of each of you and all my angels and guides. Indeed, it has been "a brilliant journey of self awakening." I wouldn't trade it for anything - even if I were to lose my appeal. And that's the leap I choose to take as I am reminded of a short video I uploaded when the journey first began (2007): "Today I Woke Up" (by Daniel Votino - my stage name):
In the - seemingly - worst case, should I lose my appeal, I should go home in about a year. I'm prepared to do that, confident that I'll be OK and, because of all your love and support, Karis and Sabby will also. I've been able to do the last 2.5 years with the blessing of all your prayers and support. My prison cell locker is overflowing with letters and postcards from all over the world. I have been held and encouraged along the way by each and every one. Thank you - from the deepest part of my soul.
Recently a dear friend dedicated a song to me and I, in turn, dedicate it to all of you. It is "Even If" by MercyMe: https://www.youtube.com/watch?v=nyLrl0SWe7s
Big Hugs and All my Love
And for those who can help...
Since I waited so I might share the Judge’s ruling on Daniel’s appeal the funds for supporting his family are at their lowest. If you can send just a small donation at this belated time to help Daniel and his family it will make it all well again.
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.
Thank You for Championing Daniel’s Cause