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Alleged serial rapist released, charges dismissed

Posted at 11:00 AM, Aug 28, 2020
and last updated 2020-08-28 19:04:53-04

MUSKOGEE, Okla. — Accusers of serial rape suspect 50-year-old Leroy Jemol Smith tell 2 Works For You they are "frustrated and mad as hell" and are unable to sleep after Smith was released from custody.

U.S. District Judge Ronald A. White granted Smith's dismissal of four counts of aggravated sexual abuse due to "expiration of the statue of limitations."

"He's lucky...he's lucky," Orvil Loge, Muskogee Co. District Attorney, said. "Everybody was caught off-guard with the judge's ruling. They just came out and nobody was notified."

"We had expected a hearing order," Brian Kuester, U.S. Attorney of the Eastern District of Oklahoma, said. "The parties would be present, and the court would make it's ruling."

Smith was arrested on June 9, 2020, as the suspect in five separate rape cases in Muskogee between January 1993 and October 1995.

On June 5, 2020, the Oklahoma State Bureau of Investigation reported it discovered Smith's DNA from one of the victims and linked him to four other rape cases.

"I think he is and always will be a danger to other people," Loge said.

The victims don't get to look their alleged rapist in the eyes and try put him behind bars for good.

“They were ready for this fight. They were ready to go into court and face him. Tell their stories,” Loge said. “And that was tough for them, but they were ready for that and to hear that he just walked out. It was…it was very tough.”

Kuester tells 2 Works For You his office filed a motion to stay pending appeal order. He is still awaiting a judge's ruling.

Kuester also said the U.S. District Attorney's office will "take the next several days" to decide whether or not to file a formal appeal to Smith's release and dismissed charges.

Muscogee (Creek) Nation's Attorney General Roger Wiley released a statement Friday that his office is investigating the case.

The case involving Leroy Jemol Smith was brought to our attention this morning. I want to assure the public that the Muscogee (Creek) Nation Office of the Attorney General will do everything within its power to bring this man to justice for his crimes. Our prosecutors are currently reviewing the case files and will take all appropriate action to protect public interests and to ensure that justice is properly served.

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