We, the undersigned, respectfully and urgently call upon the above-named elected officials and prosecutorial authorities to take immediate action to address the conviction of Deyontay Smith, an Onondaga County man currently serving a sentence of 25 years to life for a crime for which substantial evidence now exists indicating his innocence.

Mr. Smith’s conviction raises serious and unresolved concerns about the integrity of the investigation, the reliability of witness testimony, the effectiveness of legal representation, and the absence of meaningful post-conviction review mechanisms within the current justice system.

This petition demands both case-specific accountability and systemic legislative reform.

The Case of Deyontay Smith

Deyontay Smith was convicted of second-degree murder in Onondaga County despite:

No confession.
No murder weapon linked to him.
No direct forensic evidence tying him to the shooting.
A prosecution case built primarily on a single eyewitness whose descriptions changed over time.
Allegations that a child witness was repeatedly contacted by police outside of standard legal procedures.
Later public admissions by another individual that align with the original eyewitness descriptions and physical evidence.

Since the conviction, new information and testimony have emerged that fundamentally undermine the prosecution’s theory of guilt. Yet no independent, transparent, or institutional review of the conviction has taken place.

Ineffective Assistance of Counsel

Mr. Smith’s defense failed to present critical evidence and testimony that could have altered the outcome of the trial, including:

Failure to call key witnesses who initially identified a different shooter.
Failure to meaningfully challenge the credibility of prosecution witnesses.
Failure to introduce photographic and physical evidence contradicting the state’s narrative.

These failures meet the legal standard for ineffective assistance of counsel, depriving Mr. Smith of his constitutional right to a fair trial and competent defense.

Three Laws That Could Have Prevented This

Deyontay Smith’s case exposes systemic failures in New York’s justice system that these three bills are designed to fix:

1. NYS Accountability in Reporting Act (S3999)

Would hold public officials accountable for false or biased reporting that leads to wrongful arrests and convictions.

2. Conviction Integrity Unit Act (A7776 / S7502)

Would establish formal mechanisms to independently review wrongful convictions when credible evidence of innocence emerges.

3. Wandering Officers Act (S7561 / A1284)

Would prevent officers with misconduct or disciplinary histories from quietly moving between departments and continuing to exercise unchecked authority.

Our Demands

We formally demand:

That New York State legislators publicly support and advance all three bills listed above.
That the Onondaga County District Attorney’s Office initiate or facilitate an independent review of Deyontay Smith’s conviction.
That all investigative records, witness statements, and officer histories in Mr. Smith’s case be subject to transparent re-examination.
That the State of New York acknowledge Mr. Smith’s case as a serious example of the systemic failures these laws are meant to correct.

Conclusion

Deyontay Smith is not asking for special treatment.

He is asking for what the justice system promises every citizen:

A fair trial.

Competent legal representation.

Honest reporting.

And a meaningful opportunity for review when evidence of innocence emerges.

The continued incarceration of an innocent man in the face of unresolved contradictions, new admissions, and legal failure represents a profound moral and institutional failure.

Justice delayed is justice denied.