Preliminary hearing set on new charges for Logan man previously convicted of sexually abusing teen girl

Booking photo for Cody C. Smith (Courtesy: Cache County Jail)

LOGAN — A preliminary hearing has been scheduled for Cody C. Smith, alleging the 44-year-old Logan man sexually abused another child between 2010-12.  He is already serving a 10-years-to-life sentence in prison after being convicted of similar charges in 2015.

Smith appeared in 1st District Court Monday morning.  He’s been charged with six new counts of aggravated sexual abuse of a child, a first-degree felony.  A previous preliminary hearing was postponed so the defendant could hire an attorney.

Smith told the court he had decided to represent himself.  He said the reason he was in prison was because of ineffective representation by his previous defense attorney.

Judge Thomas Willmore said it was unwise and foolish for the defendant to defend himself.  He asked Smith if he was familiar with the rules of law, and if he understood that each new charge carried a sentence of 15-years-to-life in prison.

Smith was originally arrested in March 2013, accused of encouraging a teenage girl and her boyfriend to engage in sex while in his home.  The girl also said Smith molested her on multiple occasions.

During his trial in January 2015, Smith accepted a plea deal, pleading no contest to two counts of aggravated sexual abuse of a child, where he neither admitted guilt nor disputed the charges.  The plea deal kept the victim from testifying against him in exchange for prosecutors recommending a lesser sentence.

During Monday’s court appearance, Judge Willmore set a new preliminary hearing for February 20.  Prosecutors will present their evidence at that time in the new case and it will be determined if the defendant will be bound over for trial.

Smith previously filed a motion to dismiss the charges and a writ of habeas corpus, claiming his right to a speedy trial have been violated.  During Monday’s hearing though, Judge Willmore explained to Smith that he hadn’t filed the proper paperwork for the motions to be considered by the court.

Smith was a reserve officer, volunteering with the Logan City Police Department, after graduating from the police academy in the mid-90’s.  He volunteered for the Cache County Sheriff’s Office from May 1999 to October 1999.  He was hired full-time but terminated shortly after for not meeting department standards.


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