September 2, 2014

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Behind the news: The full Nancy Smith clemency report 3

Nancy Smith
Clemency Report

Appeal (if any): The applicant’s convictions were affirmed during the direct appeal. In 2009,
defense counsel filed a motion for resentencing in Lorain County Common Pleas Court, alleging
an error or omission in the sentencing entry. The motion was assigned to Judge James Burge.

On June 25, 2009, a judgment of acquittal was issued by Judge Burge, and the applicant was
released from custody.

That judgment was appealed and on January 27,2011, the Ohio Supreme Court held that Judge Burge
lacked jurisdiction to enter a judgment of acquittal, and ordered that
the resentencing occur.

As of the date of the January 29, 2013 clemency hearing, resentencing
had not occurred. On June 4, 2013, after the case was reassigned to visiting Judge Sinclair, a
resentencing hearing was conducted.

An agreement was reached by the parties resulting in the
amendment of the applicant’s charges to six counts of Gross Sexual Imposition. She received
two years on each count to be served consecutively for an aggregate twelve year sentence. She
received credit for time served and was released.

Length of time since commission of the crimes: 20 years

INSTITUTION/SUPERVISION ADJUSTMENT:
On August 10, 1994, the applicant was admitted to the Ohio Reformatory for Women (ORW)
and assigned inmate #W34304. She was sentenced to serve an aggregate term of 30-90 ( 4 year
definite term + 26-90) years for the instant offenses in case #93CR044489 and case
#94CR045368.

While incarcerated, the applicant completed programming in a Domestic Violence Educational
Class, Moral Reasoning, Current Events, Performance in Watercolor, “Flowing Forgiveness”
Experience, Victim Awareness, Service-Learning Workshop, Horticulture Apprenticeship,
Rights of Christian Initiation, “40 Days of Purpose,” Money Talks, Strengthening Family Ties,
Culinary Technology (Columbus State Community College) with a position on the Dean’s List
for Spring and Summer Quarters, 2006. The applicant also participated in a number of volunteer
projects/programs/community service.

According to an inmate evaluation report for the time period of April 20, 2007 to May 02, 2008,
the applicant’s performance in the area of attitude, initiative, quality, quantity, attendance,
dependability, safety, housekeeping and housing knowledge/skills were rated as excellent.

The evaluation noted the following: “Good attitude, self-motivating, does quality work, good
attendance, dependable worker, good safety and housekeeping awareness, knows her job.” The
applicant’s job assignment was “Artist”.

According to an institutional summary report dated
February 05, 2007, the applicant had received three conduct reports for two instances of
possession of contraband, and one instance of disobedience of a direct order.

The applicant also completed a vocational program in Horticulture and obtained a degree in
Culinary Art from Columbus State University.

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