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Two women charged in interview with alleged rape victim
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| By O'DONNA RAMSEY, Staff Writer |
August 19, 2003 |
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The wife of an accused rapist faces criminal charges for allegedly arranging an interview in her home between her husband's attorney and the underage rape victim.
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A second woman also was arrested in connection to the incident, and officials say they are still reviewing whether the attorney should be charged.
Missy Gill Smith and Shawna Marie Boring, both of Appalachia, were arrested July 29 on a misdemeanor charge of obstructing justice, according to Appalachia Police Department Investigator Lester Bowman.
The women are scheduled to be tried Sept. 17 in juvenile and domestic relations court.
Smith, 27, of 119 Kentucky Ave., is the wife of Jesse Raymond Smith Jr., who is charged with forcing a mentally disabled 16-year-old girl to have sex with him. Mr. Smith currently is being held in jail without bond.
According to Bowman, Boring, 26, is the girlfriend of Mr. Smith's uncle.
The two women took the victim to Smith's house and then called Mr. Smith's defense attorney, Stephanie Pease, to come to Appalachia and interview the girl, Bowman said. Pease interviewed the victim without obtaining permission from the girl's mother, Bowman said.
It is not improper for a lawyer to talk to a victim in a criminal case if the victim is willing to be interviewed, Bowman said. However, he said, those who interview a minor victim must get the parents' permission first. Even police officers must have permission to interview a minor, he noted.
Officials have said the victim in this case functions mentally on the level of a child of 7 or 8 years old.
Bowman said he initially learned about Pease's interview with the victim from a person other than the victim, but he declined to name the individual.
The officer said he went to the girl's house and discussed it with the girl and her mother. The girl's mother had heard rumors about Pease interviewing her daughter, he said, but she did not know all the details. The mother became upset when she learned the lawyer had interviewed her daughter without permission, he said.
Assistant Commonwealth Attorney Chad Dotson referred all questions about the alleged incident to Bowman. However, Dotson said prosecutors are still reviewing the case to determine whether charges should be filed against Pease.
On Monday, Pease said she did nothing wrong in interviewing the alleged rape victim without getting permission from the girl's mother. "I do not believe I did anything illegal or unethical," she said.
Pease said she went to Smith's house around July 23 to conduct the interview, because the women informed her the girl had requested to speak to her.
When she arrived at the house, Pease said, she asked the girl if she wanted to talk and told the girl she would leave if the girl did not want her there. Pease said the alleged victim agreed to talk to her.
Pease said she believes she did not need permission from the girl's mother since the interview was initiated at the girl's request.
She also did not think it was unusual that the interview was taking place at the home of the girl's accused attacker, Pease said.
It is her understanding the girl spent a lot of time with Smith's family and at his house prior to the alleged rape, Pease said. Also, she said, it was her understanding the alleged victim had resumed contact with Smith's family. Because of that, Pease said, she did not think it was unusual for the girl to be in the presence of Smith's wife.
When asked about Dotson's comments concerning potential charges, Pease responded, "I'd like to see him try to interfere with my duty to defend my client."
Pease said she has an ethical obligation to her client to defend him, and she believes she did nothing wrong.
The attorney said she is angry Dotson would even suggest charges, or that there was impropriety on her part.
"This is an election year, and I think this is an election case," Pease said in reference to Dotson, who is running for commonwealth attorney.
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