A Logan County jury found Leroy Raymond Smith guilty of four charges in April, including two counts of first-degree rape of victims under the age of 14, recommending a sentence of 30 years. However, the case has been put on hold after a juror came forward with multiple concerns, prompting a motion for a new trial.
The jury reached their verdict on April 26 in less than 90 minutes, finding Smith guilty of two counts of first-degree rape and two counts of lewd acts with a child. For each of the rape counts the jury recommended a sentence of 30 years, while each lewd act count carried a recommended sentence of 20 years.
The investigation into Smith began in January 2020, when the first victim, who was 13 years old at the time, accused Smith of violating her twice. The second victim, a 12-year-old, claimed Smith had intercourse with her.
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Smith was set to be formally sentenced on July 19. On that day, a re-trial motion was made by Smith’s attorney after a juror in the case came forward.
A female juror from the case raised multiple issues in an affidavit through her attorney, stating that she required special accommodations during the trial due to an inability to climb the stairs to the jury room. This situation, she said, caused her to feel isolated from the other jurors and put her at a disadvantage during deliberations.
“This situation placed a burden on me alone for finding someone to help me locate restrooms and water at each break while not accidentally speaking to the wrong person or overhearing anything I should not hear,” the juror stated. “It created a stressful and fatiguing experience for me that the other jurors did not experience. A result was my isolation from other jurors throughout the trial, which put me at a disadvantage during deliberations.”
She also revealed that she was initially the lone “not guilty” vote and claimed that other jurors were dismissive of her and the jury instructions. Some jurors allegedly argued that a “not guilty” verdict would equate to calling the child victims liars and noted that Smith did not testify in his defense.
The juror further claimed that certain evidence, such as photos of Smith’s home, was not available during deliberations. “The photos would have been helpful to show inconsistencies in prosecution witnesses’ testimony,” she said.
“Reasonable doubt as to the evidence and charges against Mr. Smith never left my mind. Had the Court polled the jury following the guilty verdicts in this case, I would have told the Court that this was not my verdict,” the juror said.
Smith’s attorney, Adam Banner, filed a motion for a new trial based on these concerns. The Logan County District Attorney’s Office countered with their own motion, stating, “Without any allegation of improper outside influence on the jury and absent any objective evidence of such, the defendant’s motion for a new trial should be overruled.”
Judge Phillip Corley, who oversaw the trial, has scheduled an evidentiary hearing for August 12 at 9 a.m.
Smith remains in custody at the Logan County Detention Center.
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