LOGAN — The preliminary hearing for a 44-year-old Logan man accused of sexually abusing a child has been postponed. Cody C. Smith, who is already serving a 10-years-to-life sentence in prison for a similar conviction in 2015, told the court he has been fraudulently charged and has not been given any evidence against him from prosecutors.
Smith appeared in 1st District Court Monday afternoon. He’s been charged with six new counts of aggravated sexual abuse of a child, a first-degree felony.
Smith, who is representing himself, read a statement saying he never touched or harmed the victim. He explained that prosecutors are falsely accusing him and that they have conspired with his former attorney to previously coerce him to accept a plea deal. He also asked to be released from prison, proclaiming he was innocent before the court and god.
Cache County Deputy Attorney Jacob Gordon told the court they had received a phone call from Smith a week ago, asking if Smith’s mother could pick up the evidence at the attorney’s office. Gordon explained that they told Smith, since he is representing himself, they could only send it to him. The evidence contains police reports, photos and two interviews with the victim, where she allegedly described being molested by the suspect multiple times.
Gordon had a copy of the evidence that he physically handed to Smith.
Judge Thomas Willmore told Smith that since he had not reviewed the evidence, he rescheduled the hearing for July 15. He ordered him to remain in the custody of the Utah Department of Corrections.
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.
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.