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Lawyers Argue For Resentencing Of Convicted Child Molester

POSTED: 6:16 pm EST November 26, 2008
UPDATED: 6:32 pm EST November 26, 2008

Lawyers for a convicted child molester were in court Wednesday in an attempt to free their client.

Fourteen years ago, Nancy Smith and Joseph Allen were found guilty of sexually abusing preschoolers Smith drove to school on her bus.

She was sentenced to 30 to 90 years in prison.

Doubts have lingered about Smith's guilt, and since the trial, some of the victims, who were just 4 and 5 years old at the time, have denied being molested.

Even so, Smith has lost two appeals and her lawyers are now trying to free her through a technicality.

Smith was not present at the hearing as her lawyers made their latest attempt to free her.

They told a judge that smith should be resentenced because the court record does not show she was convicted by a jury of her peers.

If granted, smith could be eligible for early release or a reduced sentence.

But prosecutors said the oversight is little more than a clerical error that can be handled administratively.

Though against legal maneuvers based on a technicality, prosecutors appear to be leaving the door open for another appeal.

Smith and her family will have to wait another two weeks while the judge considers the latest plea.

The judge said he is not likely to rule in favor of resentencing smith, but said he could be persuaded.

Regardless of his decision, Smith's lawyers believe they scored a big victory because another appeal is still on the table.

They said that is an opportunity to introduce new evidence that will prove Smith's innocence.



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