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Sentencing Continued in Atchison County Sex Case

By David Meyer

08/16/2012

(KAIR) -- Sentencing for a 52-year-old Effingham man facing life in prison for child sex crimes is continued Thursday in Atchison County District Court after he’s granted a motion to dismiss his attorney.

David Smith will make his next appearance August 30th to give him time to hire new counsel.

Smith said in court he plans to attain counsel from the lawyer referral service from the Kansas Bar Association.

His now former attorney, Paul Crawford, was “surprised” by his motion and denied the claims in the motion that he lied and misled Smith during his time as his attorney and said that he would never do such.

Smith also filed a motion to vacate his conviction, which Judge Martin Asher informed him can’t be taken up until he has counsel or elects to represent himself.

Smith has had multiple other attorneys withdraw or granted his motions to withdraw from representing him.

He was arrested July 26th, 2011 by the Atchison County Sheriff’s Office for committing unlawful sexual acts with a child under 14, as well as when the child was 14, in a time period of September of 2010 to July of 2011.

He once faced 15 counts of agg indecent liberties with a child and 15 counts of rape.

Several of the counts were dismissed by the judge during the trial and the jury found Smith guilty of three counts of agg indecent liberties and not guilty of three counts of rape on February 15th.

Since the victim was under 14 during one of the acts, under Jessica’s Law, he faces a mandatory life sentence under state law on that count.

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