Cody Lee Smith, 21, of Wyoming faces 2-4 years in prison

Last updated: June 20. 2014 10:44AM - 4378 Views
By - rdupuis@civitasmedia.com

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WILKES-BARRE — A sentencing hearing for Cody Lee Smith, a former Wyoming part-time police officer accused with having sex with four teenage girls, has been rescheduled for July 3.
Luzerne County Judge Tina Polachek Gartley on Thursday initially denied a request to postpone today's sentencing by defense attorneys on the grounds that Smith's mother is gravely ill.
The judge granted the move today after prosecutors indicated agreement.
Smith was suspended from his job as a part-time Wyoming Borough officer after his arrest last fall.
According to court documents, defense attorneys Jonathan Blum and Ferris Webby submitted a petition to Gartley to delay sentencing or delay Smith's report date for incarceration because the man's mother is hospitalized.
“Because of his mother's serious condition, the defendant is seeking a continuance so that he may be able to spend time with her,” the petition states.
Smith admitted to one count of unlawful contact with a minor, two counts of statutory sexual assault and one count of corruption of minors in connection with four separate cases, according to court documents.
He faces five years of probation after release from prison.
Incident details
The allegations against Smith were:
• Smith, a part-time officer, was arrested Oct. 9 amid accusations he had sex with a teenage girl and provided alcohol to her and other minors. State police said Smith was 20 and the girl was 16 when they engaged in three sexual liaisons.
According to an affidavit, the teen said she met Smith in the summer of 2012, when she was 15, during a party at his home.
The girl said there were no parents present at that gathering, and that she and other minors arrived to find alcohol already on hand. Smith provided the girl and others with alcohol at his home “on numerous occasions,” troopers said.
The relationship later turned physical, according to the teen, who told state police she had sexual encounters with Smith three different times between June 17 and June 29 2013, twice at his home and once while he was driving.
But June 30 was Smith's birthday, and on that date “he told the victim that he had a great time with her but could not see her anymore because he was now 21 years old,” according to the affidavit.
Troopers said they interviewed the teen on Sept. 30, with her mother's consent.
• Smith was arrested again less than two weeks later. Troopers said Smith met his second victim, a 14-year-old girl, in 2012 at the Luzerne County Fair through mutual friends.
Smith, then 20, sent messages to her using Facebook and they began seeing each other soon after. The pair engaged in at least 10 different sexual encounters between September 2012 and February 2013, troopers said, at Smith's Wyoming home and at a hotel in the Poconos.
• Finally, in early November, Smith was charged on allegations that he gave alcohol to two more 14-year-old girls and also had sex with each of them.
Free on bail
Smith was released after his first arrest after posting a $30,000 bond. He remains free pending sentencing.
He will have to register as a sex offender, and must undergo sexual offender treatment and therapy. Smith also is forbidden from having contact with the victims, and may not have unsupervised contact with any other minors.
Smith graduated from police academy in October 2012, and was sworn in as a part-time Wyoming officer on April 9.
Wyoming Mayor Robert Boyer suspended Smith without pay when Smith was first charged Oct. 9. Efforts to reach Boyer were not immediately successful on Thursday.

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