Judge Robin Adair sustained Leroy Jemol Smith’s motion to dismiss four felony rape counts against him from the 1990s, conceding that legal issues surrounding his case were fodder for a higher court.
He overruled the district attorney’s argument that he could be tried for four rapes in Muskogee in the 1990s because he was not a member of an Indian tribe when the rapes were committed.
According to the DA, new DNA evidence identified Smith as the rapist, which allowed him to be tried for them, even after two decades. Smith, however, is registered 1/128th Indian, and registered with a tribe in 2003.
He was earlier released on a McGirt motion, then a federal judge ruled he could not be tried federally because the statute of limitations had expired. The chief of the Creek Nation vowed that the tribe would try him, but it never did.
Though Smith’s motion to dismiss the charges was sustained, today’s ruling will now be appealed by the state to a higher court.
He will not be released from jail.