Three of nine members of a committee studying the case of Kalvin Smith said last night, and for the first time publicly, that they believe there is no credible evidence of his guilt.

The comments came as James Ferree, a committee member, proposed that the review committee ask the city council to do everything in its power to try to free Smith.

"There is no evidence to link Mr. Smith to the crime that he's in prison for," Ferree said. "And we can go on and on from now to June and we'll still find the same thing."

The committee was charged by the City Council to do a comprehensive fact-finding review of the Smith case, but not to draw conclusions about his guilt or innocence.

The council asked the committee in December to focus on questions of whether police policy and procedure were followed during the investigation.

The final report is due at the end of June, by which time the committee hopes that the case detective, Don Williams, will have testified to city council under subpoena.

Smith is serving 23 to 28 years in prison for the beating in 1995 of Jill Marker inside the Silk Plant Forest, a store off Silas Creek Parkway.

Marker, who was pregnant at the time of the attack, was beaten about 20 times in the head. She gave birth to a boy while in a coma.

Smith asked for a new trial last year, alleging that witnesses against him were pressured by police and have since recanted. After a weeklong hearing in January, a judge rejected his request.

Ferree said last night that he went into the review with no opinion about Smith's guilt. Two weeks ago, as he reviewed files, read news accounts and the January hearing transcript, he decided he had to urge the city council to act.

"They don't have to agree, they can do what they want with it. I think we must present justice and present things as they are," said Ferree, a retired United Methodist minister.

City Attorney Angela Carmon told Ferree and the committee that his proposal is "outside the scope and charge of the committee."

"And really, truly outside the authority of the city council," she said.

Ferree's proposal is expected to come up for a possible vote at a special meeting March 5 at 5:30 p.m. at City Hall.

Last night's short discussion, during which committee member Cheryl Mouzon said she agreed with Ferree, did not give a clear sign about whether a majority of the nine members feel the same way.

Another member, Lois Mendezoff, suggested that -- given the council's restrictions on any conclusion about guilt -- the committee should consider saying that from their review they found nothing to indicate Smith's guilt.

"I think if we could make that statement, it would be real­ly important," she said.

Committee member Barry Lyons and chairman Guy Blynn were absent last night.

The only objection to Ferree's proposal came from Bill Davis, an attorney.

"I think it would be difficult to say that there was no evidence at all, because there was evidence," Davis said. "Was it believable at all? The jury accepted it, they heard something."

The committee decided last night to interview Smith, reversing a decision made two weeks ago after Smith said he would agree to a polygraph only if police officers also took one.

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