Jury acquits Rucker Smith

By ZACK HUDSON

May 05, 2006 12:33 am

— AMERICUS — After a scant 90 minutes of total deliberation time, a Sumter County State Court jury acquitted the chief judge of the Southwestern Judicial Circuit.
In a complete role reversal, Judge Rucker Smith has viewed courtroom proceedings from the defendant’s chair while his defense team fought for Smith’s professional life.
As crowds gathered behind Smith to celebrate the verdict, the judge told a nearby deputy, “I’m a lucky man.”
A bevy of Smith’s supporters applauded the verdict. Many offered thank yous from their seats in the courtroom gallery to the passing jury members exiting the courtroom.
“When’s the party?” rang a voice from the small crowd.
“Tomorrow,” replied Smith.
Though Smith faced little more than fines and probation for the three misdemeanor charges against him, two counts of simple battery and one count of battery, a conviction on the charges would likely have added weight to a push by Georgia’s Judicial Qualification Commission (JQC) to eject Smith from office.
The JQC decided on April 17, at a hearing in Macon, to postpone its proceedings until after Smith’s trial.
The judge’s legal troubles began after he paid a social call to his then-girlfriend, Rachael Oliver, on the afternoon of July 31, 2005. Smith testified that he learned of Oliver’s relationship with another man during his visit to her home and decided to leave.
Oliver testified that Smith dragged, pushed and choked her on the last night of the couple’s rocky 17-month romantic relationship.
“I liked the girl very, very much. It became apparent to me while we were talking that she had lied to me about a number of things,” Smith testified Wednesday while directly facing the jury.
“I said, ‘I’m outta here,’” testified Smith.
It was during his attempt at exit that the judge and his girlfriend had a minor physical altercation, said Smith from the witness stand.
“She was fussing with me all the way,” he said of Oliver. Eventually, with a pet carrier leading his charge, Smith testified that he “forced” his way out the door.
Smith said that Oliver bit his leg and then, as she disappeared inside her home, said that she intended to call the police.
“That’s fine. I’m waiting right here.” Smith testified he told Oliver.
“And that’s the last time I have ever talked to her,” he said.
Colquitt County State Court Judge Richard Kent was appointed to preside over Smith’s trial. Cobb County State Solicitor Barry Morgan was appointed as special prosecutor for the trial.
Addressing assembled news media with a prepared statement, Smith thanked God, as well Mark and Jerry Brimberry, the Albany attorneys who presented his defense.
“Domestic violence is a serious problem in our society. For someone to falsely accuse another out of anger and vengeance silences the voices of the many real victims,” read Smith.
“I have learned a valuable lesson concerning future relationships. I love my community and apologize for any embarrassment I may have caused,” he said, his voice breaking as he finished.