Lorain/Elyria, OH
Woman convicted in molestation case may get new hearing
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ELYRIA — Nancy Smith’s hopes of being freed from prison have long rested in the hands of the Ohio Parole Board or a longshot pardon or commutation of her sentence from Gov. Ted Strickland.
But Smith’s attorney, Jack Bradley, believes he may have found another way to get Smith, 51, back in a courtroom and give her another chance at freedom without requiring her to admit that she molested children while she was a Head Start bus driver in the 1990s.
Bradley is relying on an Ohio Supreme Court decision that regulates how sentencing entries must be written in order to be valid. In Smith’s case, former Lorain County Common Pleas Judge Lynett McGough failed to note that Smith had been convicted by a jury, a requirement, Bradley said, of the high court’s decision.
It may be enough, he hopes, to convince McGough’s successor to the bench, Judge James Burge, to hold a new sentencing hearing.
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| Smith |
Burge, a former defense attorney, has reduced several sentences imposed by McGough that he considered too harsh over prosecutors’ objections.
Lorain County Prosecutor Dennis Will said from what he’s seen of the original sentencing, everything appears to be in order, but he is having his staff review Bradley’s arguments.
Smith has never admitted to any wrongdoing in the case that ended with her receiving a 30- to 90-year prison sentence after being convicted in 1994 of rape, complicity to rape and gross sexual imposition. But her refusal to admit guilt also has kept her behind bars.
One of the reasons the Ohio Parole Board gave for refusing Smith’s parole request in February 2007 was because she refused to acknowledge her wrongdoing, prompting the reviewing officer to conclude she was “in denial.”
“She is a lady of strong resolve, and she has hoped and prayed that she could get back into court without lying,” Bradley said.
The convictions of Smith and Joseph Allen, 55, the man whose home was where Smith was accused of taking the children to be raped and terrorized, were highly controversial. Allen, who is serving five consecutive life prison terms, and Smith both denied doing anything wrong.
But prosecutors and police, whom those defending Smith and Allen say railroaded the pair with testimony coerced from the alleged victims, insisted that the pair was responsible for the crimes.
Will said that while he hasn’t done a full review of the case against Smith and Allen since he was elected four years ago, any new information in the case is investigated when it’s presented to police. So far, he said, nothing has emerged to cast doubt on the convictions.
“Nothing’s ever been presented to us or nothing’s even been filed that rises to the level of reconsideration,” he said.
Amber Bronish, one of Smith’s children, said she didn’t even know Bradley had filed the motion earlier this month seeking a new sentencing hearing and isn’t certain how she feels about it.
“She won’t be found innocent unless they grant her a new trial,” she said. “It doesn’t clear her name, but I guess she can do that after she’s released.”
Bradley said he had filed the motion quietly because he didn’t want to get anyone’s hopes up. But he also said if Smith gets a new sentencing hearing, there’s a good chance she will receive a definite sentence.
“She would be facing a lot of time, but she wouldn’t be facing an indefinite sentence,” he said. “With credit for time served, she could be out or nearly done.”
Bradley also said he doesn’t hold much hope in the Parole Board releasing Smith when her next hearing comes around in June 2009 because he doesn’t believe she will ever admit to doing something she isn’t guilty of, even if it gets her out of prison.
Bradley said he didn’t know if the sentencing entry in Allen’s case had the same problem as the one that sent Smith to prison. Allen’s attorney did not return a call seeking comment Friday. Allen isn’t eligible for parole until 2056.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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HOW COULD OF SO MANY OF PEOPLE HAVE WRONGED NANCY…AND HOW DO SO MANY OF THEM STILL LIVE WITH THEMSELVES TODAY.
I HOPE AND PRAY THAT THAT BLACK SHROUD THAT HAS B’EEN HUNG OVER NANCY’S FOR 15 YEARS, IS YOURS TO WEAR NOW FOR THE REST OF YOUR LIVES.
maybe her horrors will be relived under that veil for tor the likes of you.
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What a fix to be in. The woman could be innocent and remains in prison because she won’t admit to the crime, but could be released if she admitted guilt. What would I do under the same circumstances? If you admit guilt, though innocent, you’ll gain your freedom. You’d have to live the rest of your life branded as a sexual predator and everything that goes with it. Like being under the watchful eye of the justice system. On the other hand, if you don’t admit guilt and eventually released, after many years in prison, the public will still view you as guilty as charged. A lose/lose situation either way.
I thought I could answer this question of choice, but I can’t. I’ve never admitted guilt over something I didn’t do. Not sure if it’s in me to do so, especially to a crime so heinous. I only hope this lady is guilty and is where she’s supposed to be for her crimes. If she’s innocent, then I admire her for her determination to hold to the truth and hope she’s released sooner than later.
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For the parole board to make her admit to her crime or else not be released is wrong. If she’s served enough time she should be released, not be forced to tell the parole board what they want to hear. I,ve said it before, this case is similar to alot of child molestation cases around the country which were invetigated and prosecuted at almost a fever pitch back in the early 80’s for about 10-15 years. Then, some people wised up and found out some of them were wrongly convicted. Police, social workers and prosecutors cracked under perceived pressure and overzealously railroaded some people on the flimsiest of cases, some of them were almost too bizarre to believe. In this county we had John Rosenbaum , a Joe Mccarthy clone. Combined with Lynette McGough, which this kind of case called for a more cool level headed judge, I have often thought Joe Allen may also have been innocent.
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I have always thought too many things in this case just didn’t jive. what I would like to see done is, talking to these same children, who are now adults and see exactly what the deal was. I’m betting the stories would be 100% different , if the kids were honest now. You can tell a small child anything and if you tell it enough they will believe it to be truth. I also agree with JZ, at that particular time there was a witch hunt for this crap, this lady wasn’t the only one, there were a lot of people accused of this kind of thing and later found out it wasn’t true. I say, talk to these kids now, now that they are adults and can think for themselves.
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Isn’t this the paper that fired one of its reporters for sticking up for Nancy Smith. Wow aren’t you people stupid. She is innocent !!!!!!!!!!
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Didn’t we once all believe in Santa Claus, The Easter Bunny and the Tooth Fairy? Why, because it was reinforced by our parents and other adults in our lives, even the community at large.
At their age if you tell the children enough times that something is true they will believe it. The crime here is the fact no one will ever tell them there was no such thing, like we all find out about Santa and his imaginary friends. Which means they will in all likely hood believe this happened to them into their adult lives. Would this not be the same as if the disgusting acts actually were committed on them?
The only molestation here was perpetrated by the parents, police and the prosecutors.
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If anyone followed this story and was privy to court testimony (as in a reporter) you would have had your doubts about this woman.
I am a very strong child advocate, but I have always believed this woman was railroaded.
They have all but destroyed this woman and I hope they will realize the wrong they have done and set her free.
From day one, she has always maintained that she was innocent and I feel she is.
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Umm–does anyone else see anything wrong here? This woman gets up to 90 years in prison and last week the woman who tried to kill her children got what????
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