In 1984, Sylvester Smith was convicted of child molestation and given two consecutive life sentences. The charges against him were dismissed on Friday, however, because one of the victims, has recanted her key testimony and said that their grandmother pressured them into testifying aganist Smithto protect the real guilty party, a cousin who also lived with them at the time.
The victims, who were 4 and 6 when they made the charges, testified that they falsely accused the man under pressure from their grandmother because she wanted to protect the real abuser - a cousin of the girls.
More than 40 members of the family of Sylvester Smith were in court when the charges against him were dismissed. Smith's reaction to the dismissal was "a jubilation,'' said his attorney, Roy Trest. "We all are jubilant.''
Smith, 53, was serving two consecutive life sentences after being convicted in 1984. At the time, he was the boyfriend of one of the girls' mothers and was living with them.
Prosecutor Rex Gore asked the younger girl Friday why she didn't come forward earlier. "I was just afraid to,'' she said. "I was just afraid nobody would believe me.''
The other victim said she decided to recant now because, "I wanted to get something off my chest.''
Gore said he will not pursue charges against the cousin, who was 9 at the time, because he was so young. He is serving a life sentence in state prison for first-degree murder, Gore said.
As noted above, the cousin who apparently did it was only 9, so he wouldn't have gone to jail; rather, he probably would have gone into treatment for sexual aggression. While it's questionable whether or not that would have helped him, in the end, because what he did was concealed, an innocent man has spent 20 years in prison, and someone has been murdered.
PAGE:
1 | 2
Comments
hermetica
Cook Islands
January 2004
NOV 07, 2004 09:07 AM
jonnybleugenes
Vatican City
October 2004
NOV 07, 2004 09:14 AM
Rachel
SUICIDEGIRL
I'm lost
NOV 07, 2004 09:20 AM
Eponine
Denver, CO
March 2003
NOV 07, 2004 09:32 AM
OriginalThought
Laurel, MD
January 2004
NOV 07, 2004 09:36 AM
Feifer
Encinitas, CA
October 2002
NOV 07, 2004 09:40 AM
Eponine
Denver, CO
March 2003
NOV 07, 2004 09:46 AM
Dave_the_Robot
Atlanta, GA
September 2004
NOV 07, 2004 10:06 AM
unravled
Portland, OR
August 2003
NOV 07, 2004 10:11 AM
JohnnyForeigner
United Kingdom
July 2003
NOV 07, 2004 10:34 AM
ThisIsWhoWeAre
Oakland, CA
July 2004
NOV 07, 2004 10:42 AM
Quenten
I'm lost
September 2004
NOV 07, 2004 10:48 AM
boontje
Netherlands
October 2004
NOV 07, 2004 10:54 AM
FreakPirate
Canada
November 2002
NOV 07, 2004 10:56 AM
OriginalThought
Laurel, MD
January 2004
NOV 07, 2004 11:09 AM
PAGE:
1 | 2