From perceived enemy to treasured friend

August,2026, marks the 25th anniversary of Humanity for Prisoners. This is the sixth in a series of reflections by founder Doug Tjapkes.

 

John Smietanka: At the beginning, a bitter enemy. 

Every time I heard the name John Smietanka it was in negative comments from my friend Maurice Carter. Maurice had been arrested, prosecuted and convicted of a crime he did not commit back in the 70s in Berrien County. The prosecutor at that time was John Smietanka. The case was handled by one of his assistants. However, he was considered the enemy by Maurice and all of us in the committee seeking to free him. 

Fast forward 30 years. As the founder and sole employee of HFP, I was getting badgered by one of our new clients. He insisted that I discuss his case with attorney John Smietanka, who had an office in Grandville. This guy had been wrongly convicted in Kent County and had heard about a high-profile wrongful conviction case that John had won. Remembering Maurice, I resisted. Our client persisted. I finally relented. 

Reluctantly, I made contact with John Smietanka at his Grandville office, and we set a date for a luncheon meeting. While eating and chatting, he claimed he could remember nothing about the Carter case (?), but he was genuinely interested in me, my work, and our client’s case. And surprise of all surprises: We liked each other! Our friendship blossomed from that day on. 

A bit of Smietanka background. Following his stint as Berrien County Prosecutor he became a US District Attorney; he unsuccessfully ran for Michigan Attorney General; and, he was nominated by President George H.W. Bush to the 6th Circuit Court of Appeals. When finally entering private practice ,he did an about face and specialized in actual innocence cases. That turnaround is something rarely seen in his profession. 

In that role, and in subsequent luncheon meetings (he called me “Tiger), and over his protests (Here he comes, again!) I persuaded john Smietanka to take on two prominent HFP cases. 

The first was that of James Hicks, in prison since 1986 as the result of a robbery gone bad. As soon as the prison gates clanked shut behind him, Jimmy decided to help the law rather than break it. During those 36 years he worked with authorities to bring to justice both murderous cellmates and corrupt prison officials. In one murder case the state offered to reduce his sentence if he would help, then reneged, after getting a conviction. HFP jumped in. 

After 7 years of relentless effort by attorney John Smietanka, we got results. Governor Rick Snyder granted the 66-year-old a rare commutation. 

The second major HFP case was that of David Duyst, who was serving a life sentence for the murder of his wife in 2000.  The suspicion of suicide was replaced with a murder charge when the medical examiner found 2 gunshot wounds. John Smietanka and a team of advisors worked feverishly for several years to get the man freed. All for naught. Pneumonia claimed the life of David at the age of 58. 

I often wonder if John Smietanka’s rare legal reversal from a life of prosecution to a final chapter of defense might have been prodded by the Maurice Carter story. I wonder if our friendship developed, in part, over regret regarding the Carter case. I’ll ask him someday. 

A serious illness claimed the life of John A. Smietanka at the age of 84 in 2025. I was heartbroken. 

John Smietanka: At the end, a special friend! 

RIP, “Tiger!”

 

 

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