Prosecutor Smietanka: First a despised enemy...later a beloved friend!

 My friend John Smietanka died the other day. He was 84. 

As usual, the published obituary covered a lot of material…his many accomplishments as a lawyer, his important positions as a public servant, his many awards and citations, along with the usual data about family, survivors, career, church membership, date and time of memorial service, etc. He was an amazing individual with a ton of credits and accomplishments in his lifetime, including an annual pilgrimage to the Czech Republic each year to teach young law students! 

But, obits don’t tell stories. So, as an old newsman, I’d like to share a few. 

While serving as the U.S. District Attorney in the Western District of Michigan he handled the disappearance of West German freight ship captain Fredrich Helling in Lake Michigan. Another case involved an investigation into sales of diluted orange juice. Then there was the highly publicized major Chicago gang prosecution which fell apart amid accusations of inappropriate favors given to prosecution witnesses! 

He worked with Michigan Attorney General Frank J. Kelley to prosecute state representative Stephen Shepich and other people connected with fraud in the Michigan House Fiscal Agency. 

No one could have guessed that John Smietanka and Doug Tjapkes would ever become friends. After all, Smietanka was the Berrien County Prosecutor when Maurice Carter was wrongly convicted in the 1970s. One of his assistants had handled the prosecution and Smietanka contended that he didn’t remember it. Still, when Maurice and I mounted a campaign seeking justice in his case, John Smietanka was considered an enemy. 

Now the rest of the story. 

After honorably serving the public at both state and federal levels by prosecuting alleged criminals, John did a most unusual thing. He crossed over! In private practice, the only clients he accepted were those who claimed actual innocence! 

In his new role, he continued to make headlines. In 2005 he helped free Larry Souter, wrongfully convicted as a murderer, and was then honored as Lawyer of the Year by Michigan Lawyers Weekly! 

In the early days of HFP a client demanded that I seek help from Smietanka. I refused. There was no way I was going to collaborate with a member of the team that had locked up Maurice for 29 years. God had other plans. After the prisoner persisted, I reluctantly relented and arranged a luncheon meeting. Then came the miracle: We liked each other! We became friends. Good friends! 

Well, that particular case went nowhere, but our friendship did. 

I persuaded this gifted lawyer to represent another client of HUMANITY FOR PRISONERS. During his 36 years in Michigan prisons James Hicks had changed his life and chose to work with authorities to bring to justice both murderous cellmates and corrupt prison officials. So extraordinary was Hicks’ assistance that high-ranking current or former members of the FBI, Michigan State Police and other agencies, even his prosecutor, wrote letters urging his early release. John made it happen, and an open house for Jimmy was held at the Smietanka law office in Grandville. 

Some time later he agreed to represent HFP client David Duyst, who at that time was serving a life sentence for the death of his wife. David claimed she committed suicide. The state claimed he killed her. Sadly, David died in prison in 2018 before his name could be cleared. He was 58.. 

Over the years John and Doug had numerous luncheon sessions. Because I invariably was angling to persuade him to represent an HFP client he gave me the nickname “Tiger.” I remained “Tiger” until his recent death. 

I mourn the loss of this remarkable man, incredible lawyer, honorable human being and dear friend...a man who could only have entered my life as part of a divine plan. 

RIP my friend!  With my love, Tiger

 

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