Smithwick Conviction Stands – Judge Denies Motion For Dismissal

A local man serving time for molesting a ten year-old girl, has lost his bid to have his conviction overturned. Joe Smithwick IV, was ordered back to prison, January 4th, after Judge Charles Roberts denied his claim that he was improperly defended by his court-appointed attorney.

Smithwick, (31), took the stand wearing shackles and handcuffs, during the three-hour hearing, in Viera. He said Public Defender Andrew E. Reid did an inadequate job of representing him.

Smithwick was found guilty of committing a Lewd Act on a Child Under 12, in a 2009 jury trial.  Judge John Earp, sentenced him to serve 25 years in prison, followed by a lifetime on probation. He was acquitted on a second count of Providing Obscene Material to a Minor.

During the hearing Wednesday, defense attorney Charles Nervine asked the judge for a dismissal on the grounds that Reid failed to cross-examine key witnesses.  He also said Reid erred when he made his summation to the jury. Assistant State Attorney Kari Mackay said the evidence in the case was so strong, that minor mistakes made by the defense, would not have affected the outcome.

Smithwick rejected a plea agreement offered by the State Attorney and opted to take his chances with a jury.  During the three day trial, jurors heard an audio recording of a telephone conversation between between Smithwick and the father of the victim.   In the call, which was  secretly recorded by police, Smithwick admitted to improperly touching the child. The State’s case was also supported by video recordings, of statements made to police, by both Smithwick and his victim.

Since his conviction, Smithwick has vigorously pressed the courts for relief.  In 2010, the Fifth District Court of Appeals, in Daytona, denied his request to have his sentence reduced.

Judge Roberts ordered Smithwick returned to Walton Correctional Institution in Defuniac Springs. He will remain in prison until 2032.

Volunteer court monitors with Protect Our Children were on hand for the hearing.

 

 

 

 

 

 

 

Tags: Earp, Judge Roberts, Lewd Act, Mackay, Nervine, Smithwick

This entry was posted on January 5, 2012 at 2:34 pm and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed.