Ryan to Supporters
To: Supporters
From:Ryan Douglas Smith
2001 North East F Street
Grants Pass OR 97526
RE: My case
Dear Supporters
I have been confined to the Oregon Youth Authority in Grants Pass for the past eight years. April 17, 2007 was the nine-year mark of the beginning of this injustice. I went to trial in early 1999 and was adjudicated by the honorable Mark Shiveley of 11 counts of sexual abuse. I was steadfast in my plea of innocence. I was sentenced to nonresidential treatment in Medford Oregon while residing at home with my father, Dr. Douglas Smith, my mother, Hazel Smith, who is an elementary school teacher, and my sister Erin, who at the time was in her senior year at Ashland High School. With my refusal to admit guilt to crimes that I did not commit, I was sentenced in June of 1999 to the Oregon Youth Authority to serve nine days shy of a decade of my life. The only possibility for early parole would be to admit to crimes that I did not commit.
I have attempted to go through the grueling process of the not so user-friendly judicial system.
I filed an appeal with the Oregon Appellate Court and
after 18 months of anticipation, on Thanksgiving Day of 2002, the ruling came
back in support of the original adjudication. The hope for justice that I held
was shattered; my attorneys advised me that we would push on to the State
Supreme Court, who would later elect to not hear the case in early 2003. This
would send my case into the county of my current
residence.
The next step was Post Conviction Relief. The motion was filed in May of 2003. After being “lost†in the Attorney General’s office for nine months, there was a motion signed by the Josephine County Circuit Court, Honorable Judge Allen Coon, to overturn the whole case and to have me released from custody. The Attorney General’s office had a “stay†motion placed until the motion could be investigated. Judge Coon stated that he would like to hear this case on the merits, in turn granting the state’s motion. After several delays and postponements due to various discrepancies, we made a motion for summary judgment, based upon documents the Jackson County District Attorney failed to provide to my attorneys prior to my original hearing. Once again, the judge would request a formal hearing to hear the case on the merits.
The Deputy Attorney General, Susan Gerber, offered a plea bargain. The bargain indicated that if I pled guilty to the menacing charge, remained on parole and registered as an offender, for the next two years, she would drop all the other charges. At first, this was not an option. I have been steadfast to the fact that I am innocent and this was not going to change. My attorneys advised me that with winning the Post Conviction Relief process, the Attorney General’s Office can run the time out on the appeals process. At that point, my sentence would be over, leaving me as an adjudicated sex offender with no other options in my future. I struggled through the moral reasoning of taking accountability for crimes that I did not commit and the reality of living a somewhat normal life once I am released. I made the difficult decision to take the plea; however, in the same breath, Susan Gerber took the plea off of the table. The reason given for withdrawing the plea was that the Jackson County District Attorney’s office was not in agreement to the plea. This was something my attorneys had advised her as being a potential problem, yet her confidence that this would not hinder the plea offer made them feel confident to present the offer to me. I went before a court once again on the two days prior to Thanksgiving to once again plea my case of innocence. The points that my counsel would plead would revolve around issues of counsel’s failure to object on key points that the Oregon Appeals Court noted and made a good portion of their findings on this key fact. The prior sexual abuse that took place in the accuser’s home that was not allowed to be reviewed due to the Oregon Rape Shield Law Oec 412; as was the newly discovered evidence in regard to medical testimony. Honorable Pat Wolky came back with a ruling that was frustrating to say the least. After two days of trial, Susan Gerber once again threw up muddy smoke screens to cover both the state’s and her own inadequacy. The judge would wait until the first part of February to make his ruling. Counsel failed to provide burden of proof. Once again the fact of innocence or guilt was not the issue.
I am resigned to the sad fact that I am going to spend the next two years of my life in prison to finish up an unjust 10-year sentence. However, at this time I must plan for my future and work toward those goals, such as what I am going to become, where I am going to go, and what I am going to stand for as an individual who has been blessed in a strange way to go through what I have. I have been forced to grow up in an adverse environment to say the least. I have been exposed to circumstances that could only take place in a correctional environment yet, I have not only avoided falling prey to the dynamics of this, I have stood up against these with strength and courage. I have overcome and accomplished many things during my incarceration. I graduated a year and a half early as valedictorian from high school. After graduation, I became a teacher’s assistant for math, English and the woodshop program. In addition to that I have worked on telecommunication courses through University of Ohio to further my education. I have completed all cognitive and developmental treatments; however, sexual offender treatment is not an option. This would entail detailed offense disclosures for the crimes that never took place. I arranged for instruction for myself and three other incarcerated youth and completed my Catholic Confirmation. I have been involved in the conception and development of two outreach programs. The first program I was involved with is Inside Out, a non-profit organization that encompasses the use of computer assisted drafting and routing to create signs (CAD-CAM). We have just completed the routing, sanding and painting of 100 signs for Wildlife Images, an animal rehabilitation center in Merlin. The second program is People and Animals Worth Saving (PAWS). The PAWS program involves the collaboration of the Josephine County Animal Control and the Oregon Youth Authority. We train and socialize dogs that are in need of a second chance. We have had 20 successful adoptions since May of 2006. This program has allowed young men to find unconditional love and friendship which some of them have never experienced previously. It allows for compassion and empathy to be felt in a painful environment where these traits are hard to come by. This is one of my proudest accomplishments. My involvement and dedication to every aspect of this program has allowed me to counsel other youth that there are joys in life, even if they are fleeting.
During my time here, I have lost many things other than my freedom: high school graduation with the peers that I grew up with as a child, the opportunity to finish the Boy Scout program, which my father and I were heavily involved in at the time of my arrest and the important natural social interactions that would take place in my community with both family and friends. These things are not replaceable yet these do not come even close in comparison to the passing of my great-grandmother, Mama Marian, my grandmother, Rose, my grandfather, Earl and just recently my grandfather, Theodore, none of whom I was able to say goodbye to. I have grieved for milestones in my family, from my sister’s college graduation, the 35 th wedding anniversary of my parents, and all too soon, their 60 th birthdays. My sister has made a commitment to marry her fiancé; however, she will not take her vows until I am there to share this experience.
I know that for most of you this is a repeat of many things of which you are already aware. However, I must try to write parts of this to reiterate the things that have taken place. I hope that this brief and extremely condensed version of my case and my short life has allowed for the wheels to turn and for the wonderful support group that I have to stand up and help my voice be heard. I acknowledge that this is a complex case and I know from personal experience that the wheels of our justice system are slow and take time. That is why, at this time, I must ask that we look at other options that would allow this case to be heard and maybe shed the light where the truth can be seen and let the truth be seen. I cannot dismiss the facts that I have served eight years for crimes that I did not commit. I have kept my head held high, moving through the days, making the best of my situation and finding faith in God. I would be thankful and ever appreciative for any assistance that you could offer.
Sincerely,
Ryan Douglas Smith
Ryan's letter to the Governor
November 10, 2006Â
To:Governor Ted Kulongoski
160 State Capital
900 Court Street
Salem OR 97301-4047
From:Ryan Douglas Smith
2001 North East F Street
Grants Pass OR 97526
RE: Adjudication
Dear Governor Kulongoski,
My name is Ryan Douglas Smith. I am a native Oregonian, born and living here for almost 23 years, however I have not had the opportunity over the last eight years to
live
in Oregon. I have been confined to the Oregon Youth Authority in Grants Pass. When I was thirteen years old, my neighbors falsely accused me of sexually assaulting their eight adoptive children. I went to trial in early 1999 and was adjudicated by the honorable Mark Shiveley of 11 counts of sexual abuse yet I was steadfast in my plea of innocence. I was sentenced to nonresidential treatment in Medford while residing at home with my father, Dr. Douglas Smith, my mother, Hazel Smith, who is an elementary school teacher and my sister Erin, who at the time was in her senior year of high school. With my refusal to admit guilt to crimes that I did not commit, I was sentenced in June of 1999 to the Oregon Youth Authority to serve nine days shy of a decade of my life. The only possibility for early parole would be to admit to crimes that I did not commit.
I filed an appeal with the
Oregon Appellate Court and after 18 months of anticipation, on Thanksgiving
Day of 2002 the ruling came back in support of the original adjudication. The
grain of hope and justice that I held was shattered; my attorneys advised me
that we would push on to the State Supreme Court, who would later elect to not
hear the case in early 2003. This would send my case into the county of my
current
residence.
The next step would be a Post Conviction Relief. The motion was filed in May of 2003, after being “lost†in the Attorney General’s office for nine months, there was a motion signed by the Josephine County Circuit Court, Honorable Judge Allen Coon, to overturn the whole case and to have me released from custody. The Attorney General’s office had a stay motion placed until the motion could be investigated. Judge Coon stated that he would like to hear this case on the merits in turn granting the state’s motion. After several delays and postponements due to various discrepancies, we made a motion for summary judgment, based upon documents the Jackson County District Attorney failed to provide to my attorneys prior to my original hearing. Once again, the judge would request a formal hearing to hear the case on the merits.
The Deputy Attorney General, Susan Gerber, offered a plea bargain. The bargain indicated that if I pled guilty to the menacing charge, remaining on parole and registering as an offender, for the next two years, she would drop all the other charges. At first, this was not an option. I have been steadfast to the moral belief that I am innocent and this was not going to change. My attorneys advised me that with winning the Post Conviction Relief process, the Attorney General’s Office can run the time out on the appeals process and at that point my sentence would be over leaving me as an adjudicated sex offender with no other options in my future. I struggled through the moral reasoning of taking accountability for crimes that I did not commit and the reality of living a somewhat normal life once I am released. I made the difficult decision to take the plea; however, in the same breath, Susan Gerber took the plea off of the table. The reason given for withdrawing the plea was that the Jackson County District Attorney’s office was not in agreement to the plea. This was something my attorneys had advised her as being a potential problem, yet her confidence that this would not hinder the plea offer made them feel confident to present the offer to me. That brings me to the present, seven years later where I am scheduled once again for the end of November, two days prior to Thanksgiving Day to once again go in front of the court and plead my case and innocence.
I have accomplished many things during my incarceration. I graduated a year and a half early, as valedictorian from high school. After graduation, I became a teacher’s assistant for math, English and the woodshop program. In addition to that I have worked on telecommunication courses through University of Ohio to further my education. I have completed all cognitive and developmental treatments however sexual offender treatment is not an option. This would entail detailed offense disclosures for the crimes that never took place. I arranged for instruction for myself and three other incarcerated youth and completed my Catholic Confirmation. I have been involved in the conception and development of two outreach programs. The first program I was involved with is called Inside Out, a non-profit organization that encompasses the use of computer assisted drafting and routing to create signs (CAD-CAM). We have just completed the routing, sanding and painting of 100 signs for Wildlife Images, an animal rehabilitation center in Merlin. The second program is People and Animals Worth Saving (PAWS). The PAWS program involves the collaboration of the Josephine County Animal Control and the Oregon Youth Authority. We train and socialize dogs that are in need of a second chance. We have had 20 successful adoptions since May of 2006. This program has allowed young men to find unconditional love and friendship which some of them have never experienced previously. It allows for compassion and empathy to be felt in a painful environment where these traits are hard to come by. This is one of my proudest accomplishments because of my involvement and dedication to every aspect of this program, allowing me to council other youth that there are joys in life, even if they are fleeting.
During my time here, I have lost many things other than my freedom: high school graduation with the peers that I grew up with as a child, the opportunity to finish the Boy Scout program, which my father and I were heavily involved in at the time of my arrest and the important natural social interactions that would take place in my community with both family and friends. These things are not replicable yet these do not come even close in comparison to that of the passing of my great-grandmother Mama Marian, my grandmother Rose, my grandfather Earl and just recently my grandfather Theodore, none of whom I was able to say goodbye. I have grieved for milestones in my family, from my sister’s college graduation, the 35 th wedding anniversary of my parents, and all too soon, their 60 th birthdays. My sister has made a commitment to marry her fiancé however she will not take her vows until I am there to share this experience.
This is only a brief and extremely condensed version of my case and my short life. I acknowledge that this is a complex case and I know from personal experience that the wheels of justice are slow and take time. Yet I cannot dismiss the facts that I have served eight years for crimes that I did not commit, I have kept my head held high moving through the days making the best of my situation and finding faith in God. I am certain that you receive numerous letters seeking and asking for your help. Yes, I too must ask. I am asking that you make this right and recognize that my failure to concede to the situation is because my integrity and sincerity is strong. This has been a very difficult fight and Sir, I would be thankful and ever appreciative for any assistance that you could offer.
Your Constituent,
Ryan Douglas Smith