Judge rules: Logan man will stand trial on child rape charges

Cody C. Smith, 39, in 1st District Court, March 18, 2014.

LOGAN – A judge has ruled that there is enough evidence against Cody C. Smith to hold the 39-year-old Logan man in jail and face 17 felony and misdemeanor charges including rape of a child and object rape.

During Wednesday’s preliminary hearing State Attorney Barbara Lachmar called a 15-year-old girl to the witness stand. She testified of how Smith would encourage her and her boyfriends to engage in sex, while in his home. She also described how he fondled her multiple times.

Defense attorney Shannon Demler argued that the charges filed against Smith are a “charade” by Smith’s ex-wife, who did not want him to get sole custody of their daughter.

Smith sat shaking his head and whispering to his attorney during the hearing in 1st District Court.

Judge Brian Cannell said the state provided substantial evidence to show probable cause on all counts but one. He dropped an aggravated assault charge, a third-degree felony.

Cannell ordered Smith to remain in jail on $80,000 bail. He also ordered him not have contact with any of the witnesses in the case.

The state has requested that Smith’s bail be increased. Cannell ordered Smith to return to court April 17 for a bail hearing.

Smith was arrested March 11. He’s currently being held in maximum security at the Cache County Jail.

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