Deaf Man Agrees to 2nd-Degree Murder Plea

In a case marked by a host of hearing-impaired participants and a crew of sign language interpreters, a deaf man agreed Tuesday to a deal with prosecutors that will result in his murder conviction in the shooting of a rival gang member, who also was deaf.

After more than two weeks of pretrial motions and with a jury waiting for opening statements, Val Lamar Smith, 23, of South-Central Los Angeles, waived his right to a trial and agreed that a judge would convict him in a seldom-used procedure known as a “slow plea.”

Van Nuys Superior Court Judge Michael J. Farrell, who also has a significant hearing loss in both ears, scheduled a Thursday hearing where he will formally find Smith guilty of second-degree murder.

Smith will receive a sentence of 15 years to life in state prison for the slaying of James E. Powell Jr., a 27-year-old deaf man from Long Beach who was gunned down Jan. 10, 1992, in a Van Nuys apartment.

“We think they were arguing over gang colors, but we can’t be sure,” said Deputy Dist. Atty. Shellie Samuels.

If the case had gone to trial, prosecutors would have asked a jury to convict Smith of first-degree murder, even though they privately admitted this outcome would have been unlikely.

While prosecutors saw the slaying as the depressingly familiar result of a gang conflict, the case was unique because the defendant, the victim and many of the witnesses are deaf and use an informal sign language that requires the use of two interpreters.

For Smith to speak with his attorney, Tony Bryan, he flashed signs to an informal interpreter, who also is deaf. That first translator then gestured to an American Sign Language interpreter, who would then verbally speak to Bryan. For Bryan to speak to his client, the process was reversed.

In addition to avoiding the potential outcome of conviction of first-degree murder, Smith and his attorney agreed to Tuesday’s deal after Farrell ruled that the jury in the case could hear an incriminating statement Smith made to police.

Bryan and Samuels spent seven court days discussing the confession and the finer points of law involving a suspect’s Miranda rights, in which, among other things, arresting officers must advise him of his right to an attorney.

At issue in Smith’s case was whether an American Sign Language interpreter correctly translated his statement concerning his desire for an attorney.

“He did not waive his rights” at the beginning of the interview, Farrell said. “He did ask for a lawyer.”

Even though Smith clearly stated that he wanted an attorney and police continued to question him--in apparent violation of the law--Farrell ruled Tuesday the confession he made to police was admissible as evidence.

To support his ruling, the judge found that investigators acted in good faith because the American Sign Language interpreter created an ambiguity when she told detectives that Smith said, “I prefer to go to court, and I want a lawyer.”

Police did not understand at what point he wanted the attorney, Farrell said.

During the interview, Smith eventually waived his Miranda rights and told police that he fired two shots into Powell’s leg and body, insisting that he did not fire the fatal shot to the victim’s head.

“The detectives did nothing wrong in the way they handled the case,” Farrell said while acknowledging that an appeals court may disagree with his ruling.

“It was a very close call by the judge,” Samuels said.

Bryan said an appeal based on the judge’s ruling would be filed as soon as possible.

“If he pleaded guilty he would give up his right to appeal the judge’s decision,” Samuels said, explaining the use of the “slow plea.”

In the rarely used “slow plea” procedure--where a judge considers various documents and finds the accused person guilty--a defendant maintains certain constitutional rights that must be waived when pleading guilty outright.

If Farrell’s decision involving Smith’s constitutional rights is overturned, his conviction also would be overturned. If the case is sent back to Farrell’s court, Samuels told the defendant he would be prosecuted for first-degree murder, a crime that carries a penalty of 25 years to life in prison.

Another deaf man who accompanied Smith to the apartment where Powell was killed, 28-year-old Howard Love, pleaded guilty last year to voluntary manslaughter. Prosecutors agreed to a plea bargain and a three-year prison sentence for Powell in exchange for his testimony against Smith. That no longer is needed.