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Behind the news: The full Nancy Smith clemency report

Editors Note: One paragraph has some graphic content.

DATE TYPED: July 31,2013

DATE PUBLISHED: August 08,2013

IN RE: NANCY SMITH

STATE OF OHIO

ADULT PAROLE AUTHORITY

COLUMBUS, OHIO

Date of Meeting: January 29, 2013\

Minutes of the SPECIAL MEETING of the Adult Parole Authority held at 770 West Broad Street Columbus, Ohio

on the date indicated above.

Nancy Smith

Clemency Report

SUMMARY:

APPLICANT'S NAME: Nancy Smith

Type of clemency requested: The application and arguments presented at the clemency hearing

indicated a request for either a commutation or pardon. However, after the applicant was

resentenced on June 4, 2013, applicant's counsel amended the request to a pardon.

Conviction for which clemency sought: 93-CR-044489-Gross Sexual Imposition, Attempted

Rape, Rape, Complicity to Rape, Complicity to Rape; 94-CR-045368-Gross Sexual Imposition

Reason clemency requested: The applicant claims she is innocent and wants her record

cleared.

Brief description of crime: While employed as a Head Start bus driver, the applicant took

several children to a location to meet a co-defendant. The children were sexually molested by the

applicant and the co-defendant.

Sentence imposed for crimes: 93-CR-044489-Gross Sexual Imposition- 2 years; Attempted

Rape 5-15 years; Rape-7-25 years; Complicity to Rape-7-25 years; Complicity to Rape-7-25

years. 94-CR-045368-Gross Sexual Imposition- 2 years; All cases and all counts imposed

consecutively, for a total aggregate sentence of 30-90 years.

Payment of restitution, fines, court costs: 93-CR-044489-$659.80 is due to Lorain County

Common Pleas Clerk of Courts; 94-CR-045368-$545.70 is due to Lorain County Common Pleas

Clerk of Courts.

Age at which offense committed: 35 years of age.

Current age of applicant: 55 years of age.

INTRODUCTION:

Under provisions set forth under Section 2967.07 of the Ohio Revised Code, a clemency action

was initiated by the applicant, Nancy Smith, and received by the Adult Parole Authority on April

9, 2012. An investigation into the applicant's request was then completed by the Adult Parole

Authority. The Parole Board then determined that the application did merit further review at a

hearing. A hearing was conducted on January 29, 2013. Applicant Nancy Smith attended the

hearing, represented by attorneys Sharon Katz, Nancy Ludmerer, William Pollak and Samir

Kaushal. Several witnesses presented to the Board and several additional supporters attended

the hearing.

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