Post by WaTcHeR on May 6, 2006 13:01:49 GMT -5
05/06/2006 - AMERICUS, Ga. - A Superior Court judge, on trial in his own courtroom for allegedly battering his girlfriend last year, admitted Wednesday that he misspoke when he told the jury he had never been arrested.
During his testimony, Judge Rucker Smith told the jury he was considerably upset the night of his arrest because he had never been arrested before. But Barry Morgan, a special prosecutor from Cobb County, produced a Georgia Crime Information Center report showing that Smith had been arrested in May 1978 for driving under the influence and possession of marijuana.
When questioned about the discrepancy, Smith said he could only recall being charged with disorderly conduct after a party while he was a law student.
"I never was on probation. I never paid a fine," he said.
Smith is on trial in Sumter County's State Court on one count of battery and two counts of simple battery, all misdemeanors.
Smith denied attacking attacking Rachael Oliver last July 31. He said he had to her house and that everything was cordial for awhile. But he said that at some point he realized the relationship wasn't going to work, and he decided to leave.
He said she pleaded for him to stay while was removing a stepladder from her house and that she blocked the door when he attempted to take a pet carrier he had loaned her.
Smith said Oliver fell down when he tried to get past her and that he never intentionally harmed her.
Closing arguments are scheduled Thursday morning before State Court Judge Richard Kent of Colquitt County.
Earlier, a defense lawyer attempted to portray Oliver as a vindictive woman who set Smith up.
Attorney Jerry Brimberry questioned Oliver about some e-mails she had sent the judge.
In one of the e-mails, dated June 1, 2005, she said, "I will see you fail. I wish the worst on you. I'm waiting and watching for my opportunity."
In explaining why she sent the e-mail, Oliver said she and Smith had discussed his 2008 re-election prospects. When Smith asked her if she would vote for him, she said she would not because she considered him a corrupt judge, and she would urge her friends also not to vote for him. Oliver said it could be difficult talking to Smith face to face because he "constantly badgered" her, so she found it easier to send e-mails.
In a June 19 e-mail that was also introduced as evidence, Oliver told Smith that she was having a relationship with another man. Oliver, 30, said she and Smith, 52, had an agreement that they could date other people.
In earlier testimony on Tuesday, Oliver testified that after the fight, she had bruises and scratches on her arms and legs, a knot on her head and marks circling her neck. An Americus police sergeant confirmed that Oliver's injuries were visible, but testified that she was not bleeding.
Oliver told authorities Smith pushed her down, threw her off a porch, and then dragged her before she was able to run away.
Police said Smith told them the dispute between him and his then-girlfriend was triggered by her relationship with another man.
Two law officers testified that Smith appeared to be intoxicated when he was arrested July 31. They testified that they found Smith waiting calmly on the porch of Oliver's home when they responded to her 911 call.
Brimberry noted that the city police officer failed to collect any evidence of alcohol use or to mention it in his report.
During his testimony, Judge Rucker Smith told the jury he was considerably upset the night of his arrest because he had never been arrested before. But Barry Morgan, a special prosecutor from Cobb County, produced a Georgia Crime Information Center report showing that Smith had been arrested in May 1978 for driving under the influence and possession of marijuana.
When questioned about the discrepancy, Smith said he could only recall being charged with disorderly conduct after a party while he was a law student.
"I never was on probation. I never paid a fine," he said.
Smith is on trial in Sumter County's State Court on one count of battery and two counts of simple battery, all misdemeanors.
Smith denied attacking attacking Rachael Oliver last July 31. He said he had to her house and that everything was cordial for awhile. But he said that at some point he realized the relationship wasn't going to work, and he decided to leave.
He said she pleaded for him to stay while was removing a stepladder from her house and that she blocked the door when he attempted to take a pet carrier he had loaned her.
Smith said Oliver fell down when he tried to get past her and that he never intentionally harmed her.
Closing arguments are scheduled Thursday morning before State Court Judge Richard Kent of Colquitt County.
Earlier, a defense lawyer attempted to portray Oliver as a vindictive woman who set Smith up.
Attorney Jerry Brimberry questioned Oliver about some e-mails she had sent the judge.
In one of the e-mails, dated June 1, 2005, she said, "I will see you fail. I wish the worst on you. I'm waiting and watching for my opportunity."
In explaining why she sent the e-mail, Oliver said she and Smith had discussed his 2008 re-election prospects. When Smith asked her if she would vote for him, she said she would not because she considered him a corrupt judge, and she would urge her friends also not to vote for him. Oliver said it could be difficult talking to Smith face to face because he "constantly badgered" her, so she found it easier to send e-mails.
In a June 19 e-mail that was also introduced as evidence, Oliver told Smith that she was having a relationship with another man. Oliver, 30, said she and Smith, 52, had an agreement that they could date other people.
In earlier testimony on Tuesday, Oliver testified that after the fight, she had bruises and scratches on her arms and legs, a knot on her head and marks circling her neck. An Americus police sergeant confirmed that Oliver's injuries were visible, but testified that she was not bleeding.
Oliver told authorities Smith pushed her down, threw her off a porch, and then dragged her before she was able to run away.
Police said Smith told them the dispute between him and his then-girlfriend was triggered by her relationship with another man.
Two law officers testified that Smith appeared to be intoxicated when he was arrested July 31. They testified that they found Smith waiting calmly on the porch of Oliver's home when they responded to her 911 call.
Brimberry noted that the city police officer failed to collect any evidence of alcohol use or to mention it in his report.