Will the real Edra Smiley please stand up?
On 03/23/2009 the Circuit Court of Kanawha County West Virginia (civil action 04-C-382) issued an order granting directed verdict to all defendants in a civil suit where Edra Smiley was the primary witness and her sister Brenda J Watton was the Plaintiff, self represented. In this short seven page decision the West Virginia courts details how Edra Smiley impeached herself on the witness stand and this resulted in the entire case being thrown out:
"The evidence that came closest to bearing on the special relationship came from testimony of Edra Smiley who testified on cross-examination that the employees of the WVDEP made the promise to make others not take Plaintiffs' dirt for use at the landfill in question. Ms. Smiley was impeached with her own discovery deposition testimony, wherein she testified that the WVDEP's employees did not make any promises to stop others from taking the dirt. Her explanation to that impeachment was that she would have to match up the videotape of the discovery deposition with the written transcript. The Court finds that the testimony of Edra Smiley regarding said promise was inherently incredible given the impeachment presented and her testimony on the issue. The Court believes that if any reasonable person was present and saw Ms. Smiley's demeanor, they would have found Ms. Smiley to have been argumentative and revengeful in offering such testimony due to the manner in which she presented it. As such, the testimony of Edra Smiley in that regard cannot be the sole basis that permits Plaintiff to have the issues in this case resolved by a jury. The Court recognizes that it is a rare ruling to take credibility determination away from a jury, but given the demeanor of Edra Smiley and the impeachment of her testimony presented to the jury on that issue, Edra Smiley's testimony on that issue was inherently incredible."
Everything that Edra Smiley says is a lie. Everything. The full text of civil action 04-C-382 can be found at the Kanawha County WV county clerk’s office:
Kanawha County Clerk’s Office
409 Virginia Street East
Charleston, WV 25301