Man cleared of sex charges
Published 10:24 am Thursday, April 14, 2016
After a two-day trial concluded in Lincoln County Circuit Court Wednesday, Robert Eugene Smith, 68, was found not guilty of two counts of sexual battery against a child under the age of 14.
The indictment given on Nov. 20 alleged that count one happened between June 28, 2013 and May 27, 2015, while the second count happened on May 28. An amendment to the indictment later stated that the first count would have happened Oct. 1, 2014 at the latest.
The prosecution’s case centered around the testimony of the alleged victim, B.D., a child around the age of 9.
“Children lie to get out of trouble,” District Attorney Dee Bates said. “Children learn to lie from the mistakes they make. They don’t make complex lies. Adults do that.”
The prosecution argued that B.D. accused the defendant of the crime spontaneously on June 30, 2015, but the defense, led by Joe Fernald, argued that there was no proof the alleged victim was not coached, and that ultimately the testimony was not enough to prove guilt beyond a reasonable doubt.
“If the sum total of their case is ‘Why would she say that?’, that’s conjecture,” Fernald said. “Innuendo.”
The charges carried a potential sentence of 20 years to life in prison if Smith had been found guilty.