The Sixth Circuit Court of Appeals affirmed a federal prison guard’s convictions on four counts of causing another to engage in sexual intercourse by use of force; one count for engaging in sexual acts with a person in detention; one count of engaging in sexual contact with a person in detention with intent to abuse, humiliate, harass, and degrade: and one count of making a false statement to an Administrative Law Judge while under oath.
Eddie D. Smith was a guard at The Federal Medical Center in Lexington, Kentucky. The charges stem from incidents while he was on duty. Prisoners Vileiby Rosado and Katherine West-Wenger testified Smith raped them. Two others, Diane Budesky and Venus Michels testified they engaged in oral sex with Smith. Michels also stated she had sexual intercourse with him.
Prisoner Deanna Ruggero testified Smith attempted to force her to perform oral sex on him. Finally, prisoner Dinah Durham testified Smith, in the presence of guard Christopher Tussey, told her he would write off extra duty if she showed her breasts. She further stated Smith fondled her breasts and vagina.
Smith appealed his conviction. The Sixth Circuit found a lack of merit in his insufficiency of evidence claims, for he raised factors that go the credibility of the witnesses, which the court does not review because they are in the jury’s providence. It further held the testimony of an expert on rape trauma syndrome was properly admitted and disallowance of questioning on a purported polygraph of Tussy was correct.
The conviction and 262 month sentence imposed upon Smith was affirmed. See: U.S. v. Smith, 143 F.3d 438 (6th Cir. 1998).
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Related legal case
U.S. v. Smith
|143 F.3d 438 (6th Cir. 1998)
|Court of Appeals