It took a Reno County jury about 40 minutes Friday to find a one-time Hutchinson man a sexually violent predator who should be placed in the state’s sexual predator program at Larned State Hospital.
Charles Smith, 29, waited for members of the six-woman jury to leave the courtroom, then jumped up and shouted that he objected. Ordered to sit down by District Judge Trish Rose, he continued to rant.
“When I first came here, all I wanted to do was leave,” Smith said. “I just want to go home. I’m not trying to do anything crazy.”
Rose then ordered him committed to the program at Larned.
As deputies escorted him from the courtroom, he unleashed a profanity-laced tirade that included suggestions for prosecutor Keith Schroeder.
The six-woman jury got the case for deliberation at 11:12 a.m., and signaled it had a verdict by 11:50 a.m.
Smith pleaded guilty in Reno County in 2010 of indecent liberties with a child for having sex with a 15 year old who was a runaway from Texas. His convictions also include sexual battery in South Carolina prior to moving to Reno County, and failing to register as a sex offender in two states.
Two psychologists testified on Thursday about their belief Smith fit the definition of a sexually violent predator as outlined in state law, and that, based on their examination of his medical and criminal history, there was a moderate risk he would offend again.
Statistically, both doctors said, their tests showed Smith had a 7 to 9 percent probability of committing another sexual offense within five years, and a 22 percent probability of committing a violent crime.
“Use the past as a predictor,” Schroeder advised the jury in his closing statement. “If you look at the past he’s unable to conform to rules at any level. He couldn’t do it in the military; he couldn’t do it in society … He failed to register as a sex offender out of Florida and South Carolina; he broke the law having sex with a 15-year-old girl.”
Appointed defense attorney Ben Fisher reminded jurors that Smith was 22 when he pleaded guilty in the Reno County case and was placed on probation.
“This was a 15-year-old girl who considered him her boyfriend,” Fisher said. “They were in love. Was it a crime? The state says it was, and Mr. Smith took responsibility for it. The plea agreement put him on Community Corrections. The state agreed to that.
“Ultimately he served his time because he couldn’t function under Community Corrections,” Fisher said. “He tried to get into the sex offender program and they wouldn’t let him. The state’s asking you to commit him to a program that has no end in sight. It’s been around since 2009 and no one has ever completed it.”
Fisher suggested the jurors look at the statistics offered by the psychologists from the other perspective, “that 91 out of 100 who scored this way don’t re-offend.”
“There’s no evidence he committed a sexually violent offense, since he was having sex with his girlfriend,” he continued. “Even the testimony of the experts gives you reasonable doubt; you don’t know what’s going to happen.”
The defense called no witnesses and Smith declined to take the stand.
During a session in the judge’s chambers to review instructions for the jury, Schroeder noted Smith previously indicated he wanted to testify against the advice of his counsel and asked the judge to inquire if that was his decision.
“I’m only trying to do the right thing,” Smith said. “I’m not trying to disrespect the court, but the government put me through hell.”
Rose stopped him and again asked if it was his decision.
“I don’t want to be asked questions, but I want to tell you how I feel,” Smith said. “I want to tell them I care for my kids and I don’t know what to do.”
During the state’s closing argument, Smith also jumped up and loudly objected. After warned to sit down and be quiet or she would order him removed, three times Smith held up a yellow notepad with a message written on it, and each time his attorney pulled his arm back down. ..Source.. by John Green
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