Nicholas Smit

Lauryn San Nicolas, Alexa Wells, and Vanessa Valenzuela

Basic Facts of Conviction
● Client: Nicholas Smit
● Date of conviction: July 2, 2010
● Location of Crime(s): San Jacinto, Riverside County
● Convicted of:
○ Count 1-5: Unlawful possession of drugs
○ Count 6: Unlawful assembly of a booby trap device
○ Count 7-12: Attempt and conspiracy to commit murder
 Steven Hansen
Important People
Michael Elmore
Charles Johnson
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Rosa Hernandez Joy

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Count 1-5: Unlawful possession of drugs
What was found:
● Marijuana
● Victim: Charles Johnson ● Cash
● Cocaine
(Riverside County Sheriff’s Deputy)
● Ziploc Baggies
● Methamphetamine
● “Tooters” (straws for snorting cocaine)
● June 25, 2009: Search warrant ● Hydrocodone
● .22 caliber Browning pistol
for the home of Nicholas Smit ● Memory Cards
● Ammunition
● Butane Torch
● Parts of a BB gun
Count 6: Booby Trap
Panji Boards
● December 7, 2009: Johnson found rope looped around the wheel of his 2007 Ford Crown
Victoria, a sawed off broom, and a Panji board with large six inch nails or spikes
● Smit’s DNA was not found on one of these boards, there was no usable DNA on the other
two

● 2 other boards were found outside Johnson’s Wife and Son’s Cars
Counts 7-8: Zip Gun No.1
February 20, 2010
● Johnson’s supervisor, Matthew Hess overheard a loud
gunshot at the Hemet Police Department Misfired Zip Gun
No.1 was found with DNA that was consistent with that of
Smit
● Smit was charged with both counts:
1. The intended murder of Johnson
2. The possible murder of Hess
Michael Elmore (criminal investigator) uncovered a “White Resistance
Manual” with instructions for Smit’s weapons
Count 9: Zip Gun No.2
● March 5, 2010: Johnson heard a
sound as if he ran over
something when going into an
Arco gas station
● Zip Gun No.2, only difference is a
huge magnet attached
● Contained a mixture of Smit’s
and Rosa Hernandez’s DNA
100 yards away
from task force
building

Count 10-11: Rocket Mechanism

● June 3, 2010: Johnson left his car at the Hemet Police Department
● A rocket mechanism was found on the roof of Los Altos Market
● DNA from the black tape found on the roof was a mixture of more than
one person
● Smit and Steven Hansen’s roommates testified that they overheard
them arguing over a launcher
Count 12: Zip Gun No.3
● July 6, 2010: Johnson uncovered Zip Gun No.3
with minor differences like two inner barrels
and a firing pin that was longer
Count 12 Continued: Letters
➔ November 11, 2010: Deputy Rafael
Victorio received an envelope from
“Justin Kirk”
➔ Contained a map and letters that mention
the whereabouts of Johnson, the zip guns,
and the booby trap
➔ Forensic document expert concluded that
Smit was the author of the letters
Claim of Innocence
● In CIP’s Q, Smit states that everything is falsified (assumes he was framed)
● In regards to an alibi, “a list of 40-50 people who could have testified”
● He also states that a declaration from Vicky Jenkins disputes Joy’s
(relationship/connection is unknown) testimony about him (not available)
● Claims of ineffective counsel
● Inconclusive DNA tests that should not be used against him
● Ballistic testing
We recommend CIP should close this case because…

● Smit does not provide any new substantial

evidence to support his innocence

● The majority of DNA testings on weapons are

consistent with Smit’s

● Forensic document expert concluded Smit was

the author of the letters from Count 12

● “White Resistance Manual” connects all Zip Guns

and Panji boards
 THANK YOU!

ANY QUESTIONS?