New motion in Silk Plant case

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FORSYTH COUNTY, N.C. --Attorneys for Kalvin Michael Smith are accusing Forsyth County prosecutors of using a false affidavit by a former Winston-Salem police officer to undercut Smith's claims of innocence, the Winston-Salem Journal reports.

The Journal reports that in a motion filed Friday, Smith's attorney David Pishko, and Theresa Newman, co-director of the Wrongful Conviction Clinic at Duke University School of Law, say the affidavit by Anita miles is "plainly and demonstra-bly false."

Miles, one of the first police officers to talk to Jill Marker on the night of her 1995 attack at the Silk Plant Forest store, says that Marker identified her attacker as a black male. However, Miles never mentions that in her incident report, instead describing Marker as incoherent and unable to give a description of the suspect.

Read more at The Winston-Salem Journal