THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, August 29, 1995 TAG: 9508290007
SECTION: FRONT PAGE: A10 EDITION: FINAL
TYPE: Letter
LENGTH: Short : 39 lines
I have written to the attorney general and the governor of Florida to express my outrage at the reversal of the conviction of Thomas Smolka for the murder of his wife, Betty Anne, by the Appellate Court judge in Florida.
I am acquainted with the family of Betty Anne Smolka, the Stephensons. They are fine people, overcoming great tragedy, raising the Smolka children in a wholesome, loving atmosphere. This action disrupts the lives of people who have suffered too much already. It greatly offends our community.
I realize this is not the main issue. The main issue is the guilt of Thomas Smolka. That has already been established beyond a reasonable doubt by a jury of his peers. They found a sufficiency of evidence. Why have a jury system if the action of the jury, legal in all respects, is to be negated by a judge who did not see or hear witnesses testify? Undoubtedly, the case must look different when reading the record rather than being present in the courtroom.
I understand and accept our concept of justice, which places a heavy burden on the prosecution so that the innocent will not be punished unjustly even if the occasional guilty party is permitted to go free. I do not believe that applies in this case. Circumstantial evidence alone can and frequently does establish guilt. It is the function of the jury to determine this.
Neighbors and friends of the Stephensons and other concerned citizens should write to the officials in Florida and urge that everything possible be done to countermand the action of the appellate-court judges and uphold the conviction of Thomas Smolka so that justice may be served and the surviving victims be permitted to live their lies in peace and security.
SHELDON L. CORNER
Virginia Beach, Aug. 21, 1995 by CNB