Although Muskogee County District Attorney Orvil Loge spent years and tons of effort coordinating with law enforcement agencies to track him down, he won’t be trying the case of Leroy Jemol Smith, who is accused of raping at least five women in Muskogee in the 1990s.
Smith is a member of the Choctaw tribe, so his case was moved on Friday to federal court because Natives cannot be tried in state courts inside Native jurisdiction.
In the affidavit for probable cause, the FBI noted that DNA taken from the victims and matched to Smith had a “1 in 221 quintillion” chance of being someone else’s DNA besides Smith’s. Since the entire population of the world is 7.7 billion, it’s considered statistically impossible for the DNA to not be Smith’s. Smith also lived less than a mile from the victim.
The DNA found on each of the victims matches Smith, according to the affidavit.