A Logan man convicted of sexually abusing a child in 2015 is now facing trial in a second allegation that surfaced two years ago.
Cody C. Smith, 44, who is currently serving 10 years to life in the Utah State Prison’s Gunnison facility, was charged in 2017 with six counts of aggravated sexual abuse of a child, a first-degree felony.
One of those counts was dismissed Monday after a preliminary hearing in 1st District Court. He will go to trial in early January on the remaining charges.
Smith, who claims to be an “American state national,” represented himself in the courtroom where Cache County prosecutor Spencer Walsh was prepared to play a video of the forensic interview conducted with the alleged victim.
According to Walsh, the juvenile stated that Smith touched her inappropriately multiple times between 2010-2012.
A few minutes into the video, Smith stopped the playback and said he had seen the interview and read the transcript, but what he really wanted was to have the juvenile on the stand where she could testify and be cross-examined.
According to Smith, the girl made the allegations against him in one video interview, but later provided information that he said would exonerate him.
While his arguments didn’t always follow the usual protocols of criminal proceedings, Walsh and Judge Thomas Willmore listened patiently as Smith had his day in court, sometimes offering more information than required at this point in court proceedings.
Willmore said that his role is limited in a preliminary hearing. The information is presented to him and his job is to merely determine if the allegations are either reasonable or speculative.
In Smith’s case, Willmore found one of the six charges filed against him to be speculative and he dismissed that charge.
When Smith was asked to enter a plea, he said he wanted to plead “innocent,” so Willmore entered a not guilty plea on his behalf.