Summary — Episode #546: Jason Flom with David Smith (Wrongful Conviction, Lava for Good)

Overview

This episode tells the story of David Smith, a man from Portage County, Ohio, who was convicted (2016) of attempted murder for the 2015 hammer attack on Courtney Tolliver. The episode examines a deeply flawed investigation and prosecution—missing and mishandled evidence, coerced witness statements, questionable DNA practices, and an impermissibly suggestive police identification procedure. After years of appeals (including a successful Sixth Circuit habeas ruling), retrial, and further litigation, Smith was eventually released following federal court orders.

Key points and main takeaways

• The alleged crime: On October 16, 2015, Courtney Tolliver suffered a severe blunt‑force head injury and was hospitalized in a medically induced coma. Investigators focused on David Smith after a purported CODIS DNA “possible match” and subsequent identifications.
• Poor crime‑scene handling:
  • Photographs taken but most physical evidence was never properly collected or was later lost (e.g., a hammer on site, a bloody stool, a lock box, laptop, phones).
  • Evidence handling suggests contamination and mishandling (blood under a stool and on top of it; keys moved into blood).
• Missing/mismanaged phone and surveillance records:
  • Tolliver had two phones: a “family phone” (used at trial) and a “drug phone” (not produced for many years). The second phone showed activity and contacts after the supposed time of assault that were excluded from the initial trial.
  • Several relevant phones and surveillance items disappeared or were not properly preserved.
• Coerced/witness‑tainted testimony:
  • Multiple witnesses (Randy Milam, Florence Fontanello, Lisa Frame) changed stories after being offered deals or threatened while in custody. Tape evidence shows investigators telling witnesses what to say.
  • One witness (Florence) recanted her trial testimony and later said she had lied to obtain a deal.
• Highly suggestive identification by police:
  • Lieutenant Johnson allegedly showed a single photo of Smith and repeatedly told Tolliver the man “is dangerous” and “did this,” an interview that was recorded and later described as impermissibly suggestive.
  • Tolliver initially did not identify Smith; months later, after her drug charges were resolved and after suggestive interviews, she identified him.
• Questionable DNA procedures:
  • A low‑quantity DNA sample underwent repeated amplification (triple amplification) with lowered RFU thresholds that increased background “static,” producing a partial profile claimed to match Smith — a process open to subjectivity and false positives.
  • When compared to other individuals (including a neighbor), that same partial profile had more alleles in common with the neighbor than with Smith.
• Legal trajectory:
  • Smith was convicted in 2016 and sentenced to 23 years.
  • He pursued appeals pro se then with attorney Kim Corral. The Sixth Circuit found the identification procedure so flawed it warranted habeas relief (conditional release unless retried without the unconstitutional ID within 6 months).
  • The state retried Smith (Feb 2025), attempted to circumvent the suppression order by creative arguments and repeated parts of the old trial (reading prior testimony into the record), and reportedly used other procedural tactics to limit defense impeachment and evidence admission.
  • Ultimately, federal courts ordered release; Smith was freed in July (celebratory photo on a boat was mentioned).
• Ongoing needs and reform priorities:
  • Smith faces reentry challenges (medical care for MS and diabetes, employment, housing, education). Support and donations are requested through attorney contacts.
  • Broader reforms suggested: improved evidence preservation, limits on DNA amplification/use and clearer standards, mandatory disclosure of confidential informants, better discovery rules, and accountability for misconduct (Ohio “absolute immunity” bill mentioned as attempting to curb blanket immunities).

Notable quotes / insights

• “When you bastardize the process you get shit in, shit out.” — criticism of manipulative DNA amplification and interpretation.
• “I was angry about it but I wasn't bitter.” — David Smith on his resilience during long legal fight.
• Exchange highlighting prosecutor/defense bravado: prosecutor: “I’m gonna ask my boss if we could just walk him out of here with time served.” David: “No — I want my name cleared.” Prosecutor: “You got balls.” David: “No, you have balls.”
• Kim Corral: emphasizes systemic failure—courts and local actors repeatedly gave pass to misconduct, making redress slow and difficult.

Topics discussed

• Wrongful conviction mechanisms (misidentified witnesses, coerced testimony, incentivized witnesses)
• Police/crime‑scene evidence collection and preservation failures
• Forensic DNA limitations and the risk of over‑amplification / lowered RFU thresholds
• Prosecutorial misconduct, discovery failures, and witness deals
• Appellate litigation (habeas corpus, jurisdictional complexities, enforcement of higher-court orders)
• Reentry needs and supports for exonerees
• Policy reform (disclosure of confidential informants; accountability for public officials; standards for forensic labs)

Action items / recommendations

For listeners who want to help or advocate:

• Support David Smith directly: the episode mentions Kim Corral is coordinating support (clothing, transportation, schooling). Check the episode description for contact/donation links and reach out to Kim/firm to offer assistance.
• Advocate for reforms:
  • Push for better evidence preservation and mandatory, recorded chain‑of‑custody protocols.
  • Support clearer, stricter standards for low‑quantity DNA testing (RFU thresholds, limits on amplification, blind peer review).
  • Demand transparency and disclosure of confidential informants where relevant to a defendant’s case.
  • Consider supporting accountability measures (the Ohio “absolute immunity” bill or similar initiatives) to reduce protections that shield official misconduct.
• Defense practice suggestions:
  • Insist on full discovery and preservation orders early.
  • Challenge DNA methods and require original electropherograms and lab protocols.
  • Seek recordings of all witness/interview interactions; aggressively impeach coerced statements and deals.

Where to find more / next steps

• The episode promises links in the episode description (likely contact info for Kim Corral and ways to support David). Check the podcast episode page or Lava for Good/Wrongful Conviction social channels.
• Recommended further listening/viewing linked by the host: Tyrone Knoling and other Portage County wrongful conviction stories (episode description will have direct links).

This episode is a detailed case study in how investigative shortcuts, evidence mismanagement, coerced testimony, and subjective forensics can produce and sustain a wrongful conviction — and how long and arduous it can be to obtain meaningful judicial correction.