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Judge hears suit on former Rep. Smith's eligibility

By Gavin Lesnick

This article was originally published April 5, 2012 at 8:04 a.m. Updated April 5, 2012 at 2:07 p.m.

former-rep-fred-smith-right-leaves-court-after-a-hearing-over-his-eligibility-to-run-in-the-upcoming-democratic-primary

Former Rep. Fred Smith, right, leaves court after a hearing over his eligibility to run in the upcoming Democratic primary.

— A judge on Thursday heard arguments in a lawsuit filed by the Democratic Party of Arkansas seeking to keep former Rep. Fred Smith, D-Crawfordsville, from running for the post in the upcoming primary election.

After a hearing that lasted nearly an hour, Pulaski County Circuit Judge Mary McGowan said she would review the arguments and issue a written decision. She did not say when it would come.

Smith resigned from the House in January 2011 after being found guilty of felony theft of property delivered by mistake. But in the closing minutes of the filing period on March 1, Smith refiled for the position, not directly answering questions about whether his criminal record had been expunged.

Party officials filed the lawsuit after the Secretary of State's office declined to remove Smith's name from the ballot. The suit names as defendants Smith, Secretary of State Mark Martin and the election commissioners in Crittenden and Cross counties.

After the filing, a judge dismissed Smith's charge after Smith completed conditions of a deferred sentence, including restitution of nearly $30,000. The prosecutor has sought to appeal that order.

Smith's lawyer, Rep. David Burnett, D-Osceola, argued Smith's deferred sentence was not a conviction at all and that his record was wiped clean when he met the conditions.

"He was not sentenced," Burnett said. "He was not a convicted felon. He is not a convicted felon to this day. Never has been."

Benton Smith, an attorney representing the Democratic party, said Smith was convicted and the charge wasn't dismissed until after the filing period. He said regardless of Fred Smith's status now, his eligibility must reflect the "snapshot" of his record taken when he filed on March 1.

"At the time of filing is what we're dealing with," Benton Smith said.

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Displaying 1 - 4 of 4 total comments

T6 says... April 5, 2012 at 12:04 p.m.

He was convicted of a crime, found guilty, completed conditions of the crime. HOW can that be removed from his record? It sure wouldn't be for the average joe.

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busch24 says... April 5, 2012 at 5:56 p.m.

politics and money, they get away with anything. sad

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strahlsund says... April 5, 2012 at 7:44 p.m.

VIOLENT WORLD PSYCHIATRY-PSYCHOLOGY REVEALED(mindless mkultra crimes performed by police and psychiatrists/psychologists)

USE OF MKULTRA + HUNGER GAMES TODAY....Use of psychology/psychiatry for mass population or ethnic cleansing as well as crimes to which we witness daily on behalf of Zionism/communism/liberalism.

dailymotion com/video/xpqc0u_part-80 EXACTLY HOW ETHNIC CLEANSING IS TAKING PLACE AGAINST NON SLAVS(German etc) THROUGHOUT EASTERN EUROPE SINCE WWII + REAL 911 REVEALED !!!

TRUTH ABOUT RUSSIAN COMMUNIST APPARATCHIK ALIKE GANGSTER AND TRAITOR DAVID DUKE OR 70 YEARS OLD US GOVERNMENT OBAMA(TERRORIST) NEWS

dailymotion com/video/xpkfh7_part-78

dailymotion com/video/xpmelt_part-79

Related to WHITES ARE NOT WELCOME IN AMERICA ANY LONGER !!! youtube com/user/BostjanAvsec OBAMA'S HEALTH CARE RECORDED LIVE IN 2009 !!! EXILING WHITES(US citizens) WITH EXTREME PREJUDICE AND IMPORTING NON WHITES IMMIGRATION REQUIREMENTS FREE !!

For fast updates or if incapable to find above stated links, VISIT FACEBOOK USER "LOKI NAGRIND"(just type in this name in facebook is search engine and be logged in) facebook com/people/Loki-Nagrind/100001962176474

REMINDER...MY YOUTUBE ACCOUNT WAS HIJACKED(March 07th, 2012) BY US GOVERNMENT WHILE PRIMARY E-MAIL AS WELL AS BLOGS WERE ALL SHUT DOWN FOR THE SAKE OF CENSORSHIP REGARDING GENOCIDE AGAINST ME PERSONALLY THAT INVOLVED ABDUCTIONS / MK-ULTRA BRAINWASHING / FORCED BRAIN ELECTRODE - CHIP IMPLANTS / HUMAN EXPERIMENTATION / BLACKLISTING / FORCEFUL UNEMPLOYMENT AND ASSASSINATIONS !!! ALL AGAINST WHITE(under "NAZI" lie) CIVILIAN POPULATION TODAY IN 2011/2012 ACROSS THE EUROPE AND NORTHERN AMERICA !!!

+(plus)

IF THEY BRAINWASH YOU WITH LIES ON HOW ELECTING OBAMA WOULD HELP TEA PARTY(there is already over one hundred million of so called minorities in US alone while you are everything, but treated as humans), PLEASE ASK YOURSELF WHAT ARE YOUR CHANCES OF SURVIVAL ONCE OBAMA IS AGAIN SELF-ELECTED(see video 77) & SINCE NEW LAW IS TAKING GUNS FROM YOU ALREADY TODAY(stop the violent world of psychiatry or lies - NOW OR DIE) !!!

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amberjack says... April 6, 2012 at 5:23 a.m.

I'm sick of reading about this felonous mankey

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