Schwarz Plea Bargains

Use of Force Again an Issue

Stephanie Mohr Sentenced to 10 Years

Profile: COPS Helps Families of Slain Officers

From the Chairman

Scott Smith’s Conviction is Overturned

Scott Smith, now 29, had received a sentence of 12 years for the “intentional manslaughter” of Franklyn Reid. Six years of the sentence were suspended.

The Connecticut Court of Appeals has overturned Officer Scott Smith’s July 2001 guilty conviction in the death of one of the most wanted criminals in that state. The court held that the trial judge had not given Officer Smith a fair chance to prove his innocence because the judge failed to allow expert witnesses to testify about police training in the use of force — particularly when deadly force is authorized. The trial judge also failed to instruct the jury on the proper law regarding police self-defense. A new trial has been ordered and is expected to take place as early as March 2003.

Franklyn Reid, a notorious criminal who had boasted that he would never be taken alive, had stabbed his own uncle, had three times threatened to kill the mother of his children, and had tried to knife two other police officers.

On December 29, 1998, Officer Scott Smith answered a call for back-up and single-handedly began to chase Franklyn Reid up a busy street. Smith knew that Reid was extremely dangerous and probably armed. Smith tackled Reid and told him to kneel and to put his hands in the air. Reid knelt but then reached for a knife that was concealed in his jacket. Fearing that Reid had a gun, Smith fired one shot from his service revolver, which severed Reid’s spine and killed him instantly. Smith was subsequently charged with murder by the state prosecutor investigating the homicide. This is the only time that Smith had ever discharged his weapon in the line of duty.

Scott Smith’s parents posted a $250,000 bond, and Officer Smith has been free during the appeal process. The LELDF made a commitment to assist Scott Smith throughout his appeal to the State Appellate Court and the State Supreme Court. To see additional photos and updates on Scott Smith, visit our Web site, www.officerdefense.org.

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