Timothy Smith

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Charge:	Sodomy (also Buggery)
Sentence:	20 years
Years Imprisoned:	5
Year Crime:
Year Convicted:	2001
Year Cleared:	2006
U.S. State or Country of Crime:	Kentucky
County or Region of Crime:	Kenton
City of Crime:	Covington
Result:	Judicially Exonerated Released
Summary of Case:	"Wrongly convicted in 2001 of sodomizing his young daughter. At his trial, the jury relied on the sole evidence against him, his then 18-year-old daughter's testimony that she had repressed the memory. Smith was sentenced to 20 years in prison. Smith challenged his conviction on the basis that he had been deprived of effective assistance of counsel because his trial lawyer had not presented expert testimony challenging the veracity of the daughter's "repressed memories." In March 2006 a Kentucky state judge agreed with Smith and set aside his conviction. Smith was released on May 5, 2006. On September 28, 2007, the Kentucky Court of Appeals upheld the judge's ruling setting aside Smith's conviction."
Conviction Caused By:	Testimony by his then 18-year-old daughter that she had repressed the memories of her father sodomizing her.
Innocence Proved By:	"Kentucky state judge set aside Smith's conviction in March 2006. On September 28, 2007, the Kentucky Court of Appeals upheld the judge's ruling setting aside Smith's conviction."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	46
Age When Released:	51
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Man's Sodomy Conviction Thrown Out, Andrew Wolfson, Nashville Courier-Journal, March 31,2006"
Information Location 1:	http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20060331/NEWS01/60331003
Information Source 2:	"Kentucky Court Vacates 55 Year Sentence of Man Wrongfully Convicted - Kentucky Innocence Proj Press Release, May 9, 2006"
Information Location 2:	http://dpa.ky.gov/news/pressRelease5-9-6.php
Information Source 3:	"Kentucky Innocence Project -- Two More Wrongful Convictions Set-aside, by Melanie Lowe and Marguerite Thomas, The Advocate, May 2006, Vol. 28, No. 3, p. 18"
Information Location 3:	http://dpa.ky.gov/library/advocate/pdf/2006/adv052006.pdf
Information Source 4:	"Court affirms overturn of conviction, By Paul Long (staff), The Kentucky Post, September 29, 2007"
Information Location 4:	http://news.cincypost.com/apps/pbcs.dll/article?AID=/20070929/NEWS02/709290325
Information Source 5:
Information Location 5:
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Timothy Smith

Charge:

Sodomy (also Buggery)

Sentence:

20 years

Years Imprisoned:

5

Year Crime:

Year Convicted:

2001

Year Cleared:

2006

U.S. State or Country of Crime:

Kentucky

County or Region of Crime:

Kenton

City of Crime:

Covington

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Testimony by his then 18-year-old daughter that she had repressed the memories of her father sodomizing her.

Innocence Proved By:

"Kentucky state judge set aside Smith's conviction in March 2006. On September 28, 2007, the Kentucky Court of Appeals upheld the judge's ruling setting aside Smith's conviction."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

46

Age When Released:

51

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Man's Sodomy Conviction Thrown Out, Andrew Wolfson, Nashville Courier-Journal, March 31,2006"

Information Location 1:

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20060331/NEWS01/60331003

Information Source 2:

"Kentucky Court Vacates 55 Year Sentence of Man Wrongfully Convicted - Kentucky Innocence Proj Press Release, May 9, 2006"

Information Location 2:

http://dpa.ky.gov/news/pressRelease5-9-6.php

Information Source 3:

"Kentucky Innocence Project -- Two More Wrongful Convictions Set-aside, by Melanie Lowe and Marguerite Thomas, The Advocate, May 2006, Vol. 28, No. 3, p. 18"

Information Location 3:

http://dpa.ky.gov/library/advocate/pdf/2006/adv052006.pdf

Information Source 4:

"Court affirms overturn of conviction, By Paul Long (staff), The Kentucky Post, September 29, 2007"

Information Location 4:

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20070929/NEWS02/709290325

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: