Office of the District Attorney

P. David Soares
County Court House
Albany, New York 12207
(518) 487-5460
(518) 487-5093 FAX

Indictment of Earl D. Smith

 

ALBANY, NY –  District Attorney P. David Soares today announced the indictment of EARL D. SMITH, 38, OF 520 Clinton Avenue, Albany, NY on eleven counts including six counts of Rape, three counts of Committing a Criminal Sexual Act, and two counts of endangering the welfare of a child.

The Indictment alleges that on between January 28 and February 8 th 2004 SMITH engaged in a sexual act with a mentally disabled underage female at his home at 28 Lexington Avenue in Albany. Then on February 5, 2005, he again engaged in sex with this same female at his new home on Clinton Avenue. After the second incident, the child told her parents who contacted the Albany Police Department who located SMITH at his job in the SUNY Albany cafeteria on February 9, 2005.

Soares pointed out the crucial role of the victim and her family in the apprehension of the defendant, “We can’t overlook the fact that the trust in the relationship between the victim and her parents played a key role in bringing the defendant to justice. Admitting having engaged in a sexual act can be traumatizing for a young person and we need to thank this young woman and her parents for helping protect the rest of us from this sexual predator in the future”, he said.

If convicted on all counts, SMITH faces 75 years in prison.


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