John Eldon Smith

Case details

John Eldon Smith was also known as Anthony Isalldo Machetti and Tony Machetti.

Smith was tried and convicted separately from his wife, Rebecca Akins Smith Machetti, but their cases were consolidated on direct appeal.

The offence

Joseph Ronald Akins and his wife Juanita Knight Akins were killed in a secluded area of a new housing development in Bibb County, Georgia, on August 31, 1974, by shotgun blasts fired at close range.

The killings were carried out by Smith, who was charged with firing the shotgun.

The state's evidence described a plot involving Rebecca Akins Smith Machetti, John Eldon Smith (a/k/a Anthony Isalldo Machetti, a/k/a Tony Machetti), and John Maree to kill Joseph Akins in order to redeem the proceeds of Akins' insurance policies and other benefits, which were described as beneficiaries including Mrs. Machetti and her three daughters.

Investigation and accomplices

John Maree testified that he and Tony Machetti (Smith) drove to Macon, Georgia, where they contacted Ronald Akins and lured him into the area of the crime, ostensibly to install a television antenna.

Maree testified that when he and his wife arrived at the appointed time Tony Machetti (Smith) killed both Joseph Akins and Juanita Akins with a shotgun, after which he and Maree returned to North Miami Beach, Florida.

According to the testimony of accomplice John Maree, he was to be paid $1,000 for his participation.

Arrest

Trial

Both Smith and his wife were charged in two counts with the murder of Joseph Ronald Akins and his wife Juanita Knight Akins.

At separate trials, both were convicted and sentenced to death on each count.

A statement attributed to Smith was given as his last statement: "Well, the Lord is going to get another one."

Smith was convicted of murder and sentenced to death for the August 1974 shotgun slayings of Ronald and Juanita Akins.

The Federal appeals proceedings described the murder conviction and death sentence as tied to the state's contention that the killings were in an attempt to collect insurance money.

Sentencing

Smith was sentenced to death.

Appeals

Federal habeas corpus and related proceedings (Eleventh Circuit)

A federal appeal addressed a second federal habeas corpus petition asserting three grounds for relief:

1. A claimed Giglio violation based on an alleged pretrial agreement or understanding not revealed to the jury regarding accomplice John Maree.
2. A claim that the Georgia death statute was applied in an unconstitutional, arbitrary, and discriminatory way.
3. A claim that underrepresentation of women made the jury that convicted him unconstitutional under Taylor v. Louisiana.

The Eleventh Circuit addressed these claims and affirmed the denial of habeas corpus relief.

The opinion described a chronology of prior proceedings, including:

• Jan. 30, 1975 — petitioner convicted.
• Feb. 1975 — Rebecca Smith Machetti convicted.
• Jan. 6, 1976 — conviction and sentences aff'd — Smith v. State, 236 Ga. 12, 222 S.E.2d 308 (1976).
• July 6, 1976 — cert. denied, Smith v. Georgia, 428 U.S. 910, 96 S.Ct. 3224, 49 L.Ed.2d 1219 (1976).
• Oct. 4, 1976 — petition for rehearing denied, Smith v. Georgia, 429 U.S. 874, 96 S.Ct. 3224, 49 L.Ed.2d 1219 (1976).
• Oct. 22, 1976 — petition for writ of habeas corpus in Georgia Superior Court.
• Mar. 16, 1977 — petition dismissed (unpublished order).
• Oct. 18, 1977 — order dismissing petition affirmed, Smith v. Hopper, 240 Ga. 93, 239 S.E.2d 510 (1977).
• June 5, 1978 — cert. denied, Smith v. Hopper, 436 U.S. 950, 98 S.Ct. 2859, 56 L.Ed.2d 793 (1978).
• Oct. 2, 1978 — petition for rehearing denied, Smith v. Hopper, 439 U.S. 884, 99 S.Ct. 229, 58 L.Ed.2d 199 (1978).
• Feb. 21, 1979 — petition for writ of habeas corpus filed in U.S. District Court, M.D. Ga.
• Sept. 9, 1980 — U.S. Magistrate recommended denial of all relief.
• Nov. 26, 1980 — district court denied relief (unreported order and judgment).
• Nov. 2, 1981 — this court affirmed, Smith v. Balkcom, 660 F.2d 573 (5th Cir. Unit B 1981).
• Mar. 29, 1982 — opinion modified on rehearing, 671 F.2d 858 (5th Cir. Unit B 1982).
• Oct. 5, 1982 — cert. denied, Smith v. Balkcom, --- U.S. ----, 103 S.Ct. 181, 74 L.Ed.2d 148 (1982).
• June 25, 1982 — second petition for writ of habeas corpus filed in Georgia Superior Court.
• Sept. 16, 1982 — Georgia Supreme Court remanded appeal for an evidentiary hearing on the issues raised in the petition.
• Nov. 15, 1982 — Superior Court on remand denied evidentiary hearing on merits and dismissed.
• Mar. 1, 1983 — Georgia Supreme Court reversed and remanded case again for evidentiary hearing on prosecutorial claim of misconduct — Smith v. Zant, 250 Ga. 645, 301 S.E.2d 32 (1983).
• May 10, 1983 — evidentiary hearings before Superior Court.
• Aug. 5, 1983 — Superior Court's order denying relief.
• Aug. 16, 1983 — Georgia Supreme Court denied application for CPC.
• Aug. 17, 1983 — petition for writ of habeas corpus filed in U.S. District Court, M.D. Ga.
• Aug. 17, 1983 — oral argument before District Court.
• Aug. 18, 1983 — petitioner's motion for an evidentiary hearing.
• Aug. 19, 1983 — order denying motion; order dismissing petition, denying CPC, denying IFP and denying stay of execution pending appeal.
• Aug. 19, 1983 — notice of appeal (11th Cir.).
• Aug. 22, 1983 — application for CPC, IFP and certificate of good faith and application for stay of execution.
• Aug. 23, 1983 — oral argument and order granting CPC, IFP, and stay of execution.
• Aug. 24, 1983 — motion to vacate stay filed with Justice Powell.
• Aug. 24, 1983 — Justice Powell's order declining to vacate stay.
• Aug. 25, 1983 — this court's letter to counsel to file other material by Aug. 29.

Giglio issue

The opinion described that the petitioner did not raise the claimed Giglio violation until his second state habeas corpus petition, and that a hearing was held after a remand.

The opinion described the state judge’s findings of fact as concluding that there had been no agreement or promise that should have been revealed to the jury.

It described evidence and testimony taken at the state habeas hearing, including testimony from:

• Fred Hasty (District Attorney who had prosecuted petitioner)
• Willis Sparks (who represented Maree on the murder charge in 1974)
• Sheriff Ray Wilkes (Chief Deputy of Bibb County when petitioner was tried)

The opinion stated that Maree testified that "at the first trial, there was no question about testifying. I didn't have any real conversation regarding any kind of a deal whatsoever." and that Maree stated he had had no discussions with Hasty concerning a life sentence in exchange for testimony at Smith’s murder trial.

The opinion described the federal habeas review standard and the application of a presumption of correctness to state findings.

The opinion also described an additional alternative Giglio theory that involved alleged threats against witness Maree and concluded no Giglio violation occurred.

In that context, the opinion reproduced a closing argument statement attributed to the district attorney, including this verbatim passage:

This indictment charges John Eldon Smith , a/k/a Machetti, Rebecca Smith a/k/a Machetti, and John Maree, Jr. with the offense of Murder in two counts, and this case has been severed and Tony Machetti is being tried.
You are not to pass on the guilt of the other two defendants.
As District Attorney of this Circuit, I tell you that those two other defendants will be tried and I tell you if I have anything to do with it those two defendants will be convicted of Murder and you will hear, I am sure, the defense attorney has the closing argument and will talk to you about John Maree, what he is going to get out of this trial.
I can tell you right now what he is going to get out of it.
He is going to be convicted of Murder, two counts of Murder, if I have anything to do with it.
You heard his testimony that he was promised protection for his family.
Of course, you have to understand in his testimony that he is hoping he is going to save himself from the electric chair.
It is the human reaction.
It is natural for him to hope that but he told you, and I can tell you, there has been no promise.

The opinion stated that the threatened position of Maree was clear to the jury and that no promise had been made.

Georgia death penalty application claim

The opinion addressed the claim that Georgia’s death penalty was applied arbitrarily and discriminatorily.

It described the issue as previously raised unsuccessfully in Smith v. Balkcom and also addressed successive-petition rules and abuse-of-the-writ concepts.

The opinion concluded that a new adjudication on the same claim would not serve the ends of justice and precluded merits consideration under Rule 9(b).

Jury composition underrepresentation of women

The opinion described that Smith did not challenge jury underrepresentation of women at or before trial and described state procedural requirements for timing objections.

The opinion stated that Smith failed to raise the jury composition issue on direct appeal to the Georgia Supreme Court, in his initial state habeas action, or in his initial federal habeas petition.

The opinion also described that Smith’s wife had raised the issue in her first federal habeas appeal and succeeded.

The opinion held that Smith had not established cause and prejudice to excuse the procedural default and affirmed the district court’s holding that it was prohibited from considering the claim’s merits.

A concurrence and partial dissent by HATCHETT, Circuit Judge, addressed the Giglio issue, and included a verbatim transcript excerpt of the prosecutor’s closing statement and a discussion of the dissenting view about a Giglio violation and whether an evidentiary hearing should be remanded.

Other details

Known names and aliases

• John Eldon Smith was also known as Anthony Isalldo Machetti.
• John Eldon Smith was also known as Tony Machetti.
• Rebecca Akins Smith Machetti was also referred to as Rebecca Machetti.

Victims

• Joseph Ronald Akins
• Juanita Knight Akins

Locations described

• Bibb County, Georgia
• Macon, Georgia
• North Miami Beach, Florida
• Georgia Diagnostic and Classification Center in Jackson, Ga.

Accomplice and payment detail

• John Maree was described as an accomplice.
• Maree was described as being to be paid $1,000 for his participation.

Appeals-court case identifiers and docket details

The Eleventh Circuit proceedings included the case citation and procedural notes:

• 715 F.2d 1459
• Rehearing and Rehearing En Banc Denied
• Sept. 29, 1983
• Certiorari Denied
• Nov. 28, 1983
• Appeal from the United States District Court for the Middle District of Georgia

Judges mentioned

• RONEY, HILL and HATCHETT (Circuit Judges)
• HATCHETT (Circuit Judge) issued a concurrence in part and dissent in part
• Justice Powell (Supreme Court Justice)
• Judge Wilbur D. Owens (Federal district judge)

Last statement

Smith’s last statement was: "Well, the Lord is going to get another one."