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Brought to you by Allstate Insurance- Jerry McCullers
Saturday, February 11, 2012
The trial of a former Gadsden City High School teacher accused of having sex with an underage student, ends in a plea deal, after almost ending in a mistrial. The jury had actually retired to deliberate the case of Nicholas Smith, a former coach and teacher who was indicted for second degree sexual assault and possession of child pornography. But Etowah County Circuit Judge David Kimberly told the jury he was on the verge of calling a mistrial before both parties resolved the case. The resolution was a plea deal. Smith entered a guilty plea to aggravated child abuse, still a felony and still a crime with a two-to-twenty year sentence range. The plea also means Smith will not be classified as a sex offender. It followed a trial in which the suspect, the victim and a number of the victim's former classmates testified. Both Smith and the victim--a girl who was 15 at the time and is now college age--admitted they had a relationship in the spring of 2009. And that relationship involved Tiffany jewelry, a pet, a digital picture frame with two data cards--one showing pictures of the couple, a second showing other photos--and even shopping for engagement rings. Smith claimed despite that--and despite the fact he still loves her to this day--he never had sex with her until after her 16th birthday. The age of 16 is the legal age of consent in Alabama. Smith had not yet reached tenure in the Gadsden school system, and his contract was not renewed following his arrest. He was originally arrested at the very end of the 2008-2009 school year. Sources say the near-mistrial was apparently the result of a prosecutor speaking to a juror, just after the jury got the case. The prosecutor allegedly thought the juror was one of the alternates who had already been excused, but was mistaken. The prosecturors were from the state attorney general's office, because Etowah County District Attorney Jimmie Harp requested his office be recused from hearing the case. Smith will be sentenced March 15th.
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