Crime And Law

Gwinnett father seeks new trial in shaken baby syndrome conviction

Danyel Smith (Georgia Department of Corrections)

GWINNETT COUNTY, GA — An important motion hearing is set for Monday morning in Gwinnett County for a man whose attorneys claim has been wrongly locked up for a murder they say he did not commit.

Danyel Smith, a Gwinnett County father, has been imprisoned for well over 20 years in connection with the death of his infant son, Chandler.

It has been five months since the Supreme Court of Georgia unanimously ruled that Smith’s case should be sent back quickly to a judge for consideration of a new trial.

In 2003, prosecutors said Smith’s son died of shaken baby syndrome. However, eight expert witnesses recently testified that evidence shows Baby Chandler’s death stemmed from complications related to his birth as a premature infant, not shaken baby syndrome as prosecutors contended.

The Georgia Supreme Court vacated a Gwinnett County judge’s earlier ruling that denied Smith another trial.

Smith is now on the verge of learning whether he will receive a new trial.

There is also still a question of whether the district attorney’s office will decide to bring the charges again.

WSB Radio’s Veronica Water’s contributed to this story.