This story is part of our Quick Hits series. This series will bring you breaking news and short updates from throughout the state.
The U.S. Senate confirmed Darin Smith as Wyoming’s district attorney on May 18, despite objections from Eastern Shoshone and Northern Arapaho tribal leadership. The U.S. attorney’s office often oversees cases involving tribal members suspected of committing federal crimes, as well as some cases involving non-tribal members on the Wind River Reservation.
Smith has been serving in an interim capacity since last August. His confirmed term will last for four years.
Before his confirmation vote, the Northern Arapaho and Eastern Shoshone Business Councils released statements saying they were “appalled and alarmed” by reported conduct and comments made by Smith during federal grand jury proceedings in Wyoming.
The councils pointed to statements Smith allegedly made, like referring to his cases as “slam dunks,” casually referring to defendants as “murderers” and handing out personal business cards to grand jurors encouraging them to contact him directly.
On Friday, WyoFile reported that three federal judges had dismissed grand jury indictments against nine defendants citing misconduct by Smith that could have prejudiced the jurors.
“This is not a case where a few offhand statements were improperly sprinkled throughout the presentation of evidence in one defendant’s case,” the judges’ order reads, according to the nonprofit news outlet. “This misconduct began with some of the first words spoken to the grand jury [and] the misconduct continued to penetrate the proceedings in off-the-record conversations, occurring on the breaks between indictments. This is deeply concerning.”
WyoFile reports “the statements were prejudicial and tainted the grand jury, which is supposed to be unbiased and ‘the sole evaluator of evidence,’ the judges’ dismissal order reads.”
Smith has until Wednesday to contest the order. He could also empanel another grand jury and start the cases over.
Wyoming Sens. Cynthia Lummis and John Barrasso both voted in favor of confirming Smith.
The Eastern Shoshone Business Council said federal statutes and U.S. Supreme Court decisions have infringed on the tribe's inherent sovereignty to prosecute crimes committed by non-Indians on the Wind River Reservation, adding that it’s up to the U.S. Attorney’s Office to prosecute them and seek sentences that reflect the nature of serious violent crimes against the tribe’s people.
“It is through the U.S. Attorney’s Office that our Native families and communities find justice, are ensured a fair and unbiased proceeding, and are made safe. Yet, Interim United States Attorney Darin Smith shows a flippant disregard for the integrity of the justice system through reckless comments, improper familiarity with grand jurors, and conduct that creates the appearance of bias and prejudice,” the Eastern Shoshone Business Council wrote.
The councils also noted that U.S. attorneys decline to prosecute cases in Indian County at an “alarmingly high” rate. Grand jury indictments are the first step in prosecuting violent crimes.
“For Native victims and families, this means violent crimes often go unanswered, justice is delayed or denied, and faith in the federal system continues to erode,” the Northern Arapaho Business Council wrote. “Against that backdrop, Mr. Smith’s conduct jeopardizes legitimate prosecutions and risks creating avoidable legal challenges that could result in indictments being dismissed or defendants avoiding accountability altogether because of prosecutorial misconduct or unfair grand jury proceedings.
“If defendants are later found to have been denied fair treatment in the grand jury process, victims and their families will once again bear the consequences of a failed federal system. The people of the Wind River Reservation deserve better.”
Both groups of tribal leadership are calling on the U.S. Department of Justice to ensure all prosecutions involving crimes committed on the Wind River Reservation are conducted with “professionalism, impartiality, and respect for the constitutional rights of all parties involved.”
