Post by Pontotocmom on Dec 28, 2005 6:45:16 GMT -6
30-year-old man sentenced to 60 years for sexual battery of child
12/27/2005 4:30:39 PM
pontotoc progress
By REGINA BUTLER
Progress Staff Writer
A Pontotoc County man is already serving a 60 year day-for-day sentence on three counts of sexual battery against a child less than 16 years old.
A three day trial ended in a guilty verdict forß Lesley W. Smith.
In an emotionally charged court room family members pled for mercy on behalf of Smith before the judge sentenced him to serve the term.
Smith was handed a 90 year sentence with 30 suspended .
During closing arguments Thursday, Assistant District Attorney Heather Emmerson reminded the jurors that the victim in the case testified.
“She gave specific details about the incident that you can’t get from t.v. or anywhere else besides experience.
“She remembered where she was and what she was doing.”
Emerson said the child shared these details with her mamaw and her mother, who was living with Smith at the time, but they didn’t believe her.
“Thank goodness she had enough courage to tell her step-mom.”
She also reminded the jurors that the girl only named one person, “and that was Les Smith.”
Defense attorney Bill Knight said there was “not one shred of physical evidence” against his client.
“Look at the physical evidence, or the lack thereof,” Knight charged the jury.
“Her mother was humiliated, she said she was on the lookout for the abuse and did not see it.”
Knight also reminded the jury that sheriff investigator Rodney Tutor testified he did not investigate anyone else in the matter.
On final close Assistant D.A. Clay Joyner told the jury that this was Smith’s day in court. “It’s also the victims day.”
He reminded the jury that Les Smith was the only person the victim named as touching her, “and remember her testimony. She told her step-mother ‘he is touching me and he won’t stop.’
“Is a kid going to come in here and lie?”
The jury took one hour and 17 minutes to return a guilty verdict.
Smith laid his head down on the table in front of him and was in tears when the guilty verdict was read by Judge Thomas Gardner.
During sentencing on Friday Smith told Judge Gardner that he was not satisfied with the services he received from his attorney saying he felt his civil rights were violated, hinting there would be an appeal in the case.
Bill Knight appealed to the judge on Smith’s behalf. “Mr. Smith has no prior criminal record.”
Knight asked the judge to give Smith the same sentence he was offered in a plea agreement by the district attorney before the trial.
Joyner said the state made that offer prior to the trial “for the sole purpose of not putting that little girl on the stand. “She had to testify, so I ask that you not give him what was offered.”
Other family members speaking on behalf of Lesley Smith were his grandmother, his wife, his stepfather and his mother.
“He has never done drugs,” said his grandmother. “I hate to see him go through [this] for something there is no proof of.”
Smith’s wife told Judge Gardner that she has been with the man for four years, “and he has not done anything to my 8-year-old daughter. There will be an appeal.”
His stepfather told the judge that he had raised the man from the time he was eight years old. “He’s not that type of person. To say he did this is plain wrong.”
Smith’s mother looked at the judge and said few words “It’s in the hand of God.”
Judge Gardner admonished Smith that he is not to have contact with the victim or the victims family. “As to the question of your guilt or innocence, that was decided by a jury. I saw a little girl who is virtually destroyed. I don't know if her life will ever be mended.”
Smith will not be eligible for parole, the sentence must be served in its entirety barring a new trial with another verdict on appeal.
My question is with no other evidence should a person be put in jail for 60 years on the word of a child?
12/27/2005 4:30:39 PM
pontotoc progress
By REGINA BUTLER
Progress Staff Writer
A Pontotoc County man is already serving a 60 year day-for-day sentence on three counts of sexual battery against a child less than 16 years old.
A three day trial ended in a guilty verdict forß Lesley W. Smith.
In an emotionally charged court room family members pled for mercy on behalf of Smith before the judge sentenced him to serve the term.
Smith was handed a 90 year sentence with 30 suspended .
During closing arguments Thursday, Assistant District Attorney Heather Emmerson reminded the jurors that the victim in the case testified.
“She gave specific details about the incident that you can’t get from t.v. or anywhere else besides experience.
“She remembered where she was and what she was doing.”
Emerson said the child shared these details with her mamaw and her mother, who was living with Smith at the time, but they didn’t believe her.
“Thank goodness she had enough courage to tell her step-mom.”
She also reminded the jurors that the girl only named one person, “and that was Les Smith.”
Defense attorney Bill Knight said there was “not one shred of physical evidence” against his client.
“Look at the physical evidence, or the lack thereof,” Knight charged the jury.
“Her mother was humiliated, she said she was on the lookout for the abuse and did not see it.”
Knight also reminded the jury that sheriff investigator Rodney Tutor testified he did not investigate anyone else in the matter.
On final close Assistant D.A. Clay Joyner told the jury that this was Smith’s day in court. “It’s also the victims day.”
He reminded the jury that Les Smith was the only person the victim named as touching her, “and remember her testimony. She told her step-mother ‘he is touching me and he won’t stop.’
“Is a kid going to come in here and lie?”
The jury took one hour and 17 minutes to return a guilty verdict.
Smith laid his head down on the table in front of him and was in tears when the guilty verdict was read by Judge Thomas Gardner.
During sentencing on Friday Smith told Judge Gardner that he was not satisfied with the services he received from his attorney saying he felt his civil rights were violated, hinting there would be an appeal in the case.
Bill Knight appealed to the judge on Smith’s behalf. “Mr. Smith has no prior criminal record.”
Knight asked the judge to give Smith the same sentence he was offered in a plea agreement by the district attorney before the trial.
Joyner said the state made that offer prior to the trial “for the sole purpose of not putting that little girl on the stand. “She had to testify, so I ask that you not give him what was offered.”
Other family members speaking on behalf of Lesley Smith were his grandmother, his wife, his stepfather and his mother.
“He has never done drugs,” said his grandmother. “I hate to see him go through [this] for something there is no proof of.”
Smith’s wife told Judge Gardner that she has been with the man for four years, “and he has not done anything to my 8-year-old daughter. There will be an appeal.”
His stepfather told the judge that he had raised the man from the time he was eight years old. “He’s not that type of person. To say he did this is plain wrong.”
Smith’s mother looked at the judge and said few words “It’s in the hand of God.”
Judge Gardner admonished Smith that he is not to have contact with the victim or the victims family. “As to the question of your guilt or innocence, that was decided by a jury. I saw a little girl who is virtually destroyed. I don't know if her life will ever be mended.”
Smith will not be eligible for parole, the sentence must be served in its entirety barring a new trial with another verdict on appeal.
My question is with no other evidence should a person be put in jail for 60 years on the word of a child?
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