| First Name | Frank Lee |
| Last Name | Smith |
| Year of Conviction | 1986 |
| Year of Exoneration | 2000 |
| Testing inculpated culprit | Non-Cold Hit |
| State of Conviction | Florida |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape and Murder |
| Death Sentence | Yes |
| Gender of Exoneree | Male |
| Race of exoneree | Black |
| Juvenile | No |
| Description / Quotes from Testimony Concerning Defense | ● Attorney argued that no physical evidence tied the defendant to the crime and that he did not commit it. |
| Did the defendant testify at trial? | No |
| Types of evidence at trial |
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| Identity of eyewitness |
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| Multiple eyewitnesses | 3 |
| Lineup Procedures |
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| Suggestive Procedures | Yes ● Suggestive remarks – one witness told by police that they had caught culprit ● Repeated his photo in multiple arrays ● Victim not told attacker might not be present Brady |
| Quotes from testimony #1 | “They said, look at these photographs. They say, if you see the man you seen that night on that day, just point him out and I point him out.” “In fact, when the police showed you the pictures to you to let you know that they caught him, they told you that was him, right? A. That’s correct.” |
| Unreliable Identification? | Yes ● Discrepancies in description – scar, whether attacker wore glasses, discrepancies between the different witnesses regarding hair, facial hair, build ● One witness could not see face of perpetrator ● Initially uncertain |
| Quotes from testimony #2 | Second eyewitness did not see face clearly – “Didn’t you tell the police numerous times that you could not recognize the person’s face? A. Yes, I did… Q. You based your identification on the person’s shoulders? A. Yes.” Third eyewitness said only that “I said he looked like the guy” when viewed photo array. He explained he had reservations about the height of the man, and police told him he should not be concerned, that all in the array were about six feet or six foot one. Police suggested to the third eyewitness that the attacker might have a scar, and he testified, “No, I don’t remember a scar,” but recalled he might have seen a scar of some kind. The eyewitnesses described a man who was husky, like a football player. None described the man as wearing glasses. Descriptions of facial hair varied from full beard to a possible mustache. |
| Highest level reached | State Post Conviction |
| Claims Raised During All Appeals and Postconviction |
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| Harmless Error Rulings |
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| Citations to judicial opinions | Smith v. State, 515 So.2d 182 (Fla. 1987) |