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Jury Convicts Man of Rape and Course of Sexual Conduct Against a Child Charges


03/08/2013

Erie County District Attorney Frank A. Sedita, III announced that 50 year old Everton Smith was convicted, as charged, of Course of Sexual Conduct Against a Child in the First Degree and Rape in the Third Degree after a two week jury trial before Erie County Court Judge Ken Case. These are the highest charges for which defendant could have been convicted.  Smith was represented by attorney Daniel DuBois.

Smith was convicted of engaging in multiple acts of sexual intercourse with a child over a four year period. The victim initially delayed reporting because Smith told her no one would believe her and she would be abandoned if she disclosed the sexual abuse. At trial, Judge Case refused to permit the defense to circumvent the rape shield law despite repeated attempts by the defense to portray the child victim as sexually promiscuous and untrustworthy.  

The case was successfully prosecuted by Special Victims Bureau Chief Rosanne Johnson and Special Victims ADA Lynette Reda.  District Attorney Sedita praised their work, as well as that of the investigators, including Buffalo Police Lt. Jeff Rinaldo, NYSP Investigator Christine Borowski and the Multidisciplinary Team at Lee Gross Anthone Child Advocacy Center. DA Sedita stated: “Because of their dedication and professionalism, another sexual predator has been successfully brought to justice.”

Smith faces a maximum prison sentence of 29 years when sentenced by Judge Case on April 9, 2013.