CHARLOTTE — A defense attorney is seeking to withdraw from representing his client as prosecutors prepare for a retrial in a 7-year-old murder case.
Adonis Smith is charged with killing Charlotte nursing student Kendal Crank.
The move comes after Smith’s initial trial ended in a mistrial, with the defense attorney arguing that a retrial is an injustice and a waste of resources.
The State Attorney General’s Office intends to retry Smith, despite the previous trial resulting in a nine-three vote from jurors in favor of not guilty, believing Smith’s self-defense argument.
This decision has caused frustration for many, including some judges and Smith’s defense attorney, Justin Olsinski.
Olsinski, who stood by Smith’s side pro bono during the first trial, has now filed a motion to withdraw from the case.
Olsinski stated he cannot offer another trial for free and cited frustrations working with the State Attorney General’s Office, which is prosecuting the case.
“I believe in Adonis, and I believe in his innocence in this situation,” Olsinski said.
He added, “It’s extremely frustrating. It’s probably the most frustrating case I’ve had in my 16 years.”
Smith was charged with the murder of Crank, a Charlotte mother who was on her way to nursing school in 2019 when she was innocently caught in the crossfire of an afternoon shootout on North Tryon Street.
Olsinski expressed his expectation for a plea deal after the mistrial. “I expected to reach a plea deal,” he said.
He maintains that a 9-3 not guilty vote is an indication that something is wrong with the case and the evidence.
Olsinski’s motion states that even though a special deputy attorney general agreed that a plea would be “just and proper,” those making decisions at the AG’s office disagree.
Olsinski believes proceeding with a retrial is a misuse of public funds. “You’re just wasting tens of thousands of dollars of taxpayers’ money for really no purpose,” Olsinski said.
Smith is currently out on bond. Both Smith and Olsinski have voiced confusion over why the other two suspects in the case were able to take plea deals while Smith was not.
The co-defendants, Tychicus Dobie and Marquis Smith, were released from prison soon after accepting their plea deals.
However, Dobie was charged with an unrelated murder in April, and Smith was arrested in March for allegedly shooting into a motel.
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