Walter D. Smith

The Crimes

On Sept. 4, 1984, a man entered the Columbus, Ohio apartment of a woman, identified as J.B., and, after several unsuccessful attempts, raped her. J.B. told police that after the man left her apartment, he looked back at her as he walked by the front window.

On May 16, 1985, a woman, identified as L.L., told Columbus police that when she woke up at 4:45 a.m., a man was in her room. After the man performed oral sex on her, L.L. told police he tried to rape her, but was unsuccessful at first. However, he persisted and raped her. L.L. said she got a clear look at her attacker because light was coming through a window. 

On May 31, 1985, a woman identified as C.W. told Columbus police that at 3:30 a.m., her locked bedroom door was broken down. She said a very big man came into her room, pushed her onto her abdomen, and tried to have intercourse with her, but was unsuccessful. She said that as the man pulled her to the side of the bed, she was able to see his face. After a period of time, the man did rape her. 

All three women gave essentially the same description of their attacker: a Black man with short hair and a beard who had a muscular build. C.W. told police the man was wearing a belt under his clothing. L.L. worked with a police artist to create a composite sketch of her attacker.

In July 1985, 27-year-old Walter D. Smith was arrested for an unrelated incident. After he was arrested, while being searched, Officer Chester DeLong found that Mr. Smith was wearing a belt around his waist under his clothing. 

Detective James Straight had been assigned to investigate C.W.’s rape and had taken her statement. When Detective DeLong commented that Mr. Smith was wearing a belt under his clothes, Detective Straight remembered C.W.’s report. 

Detective Straight interviewed Mr. Smith, who said that he participated in bodybuilding competitions and worked out at the Scandinavian Health Spa.

On July 25, 1985, Detective Straight took some photographs of Mr. Smith to C.W. for review. During the visit, Detective Straight mentioned the Scandinavian Health Spa, and C.W. became emotional. When she viewed the photographs and saw Mr. Smith’s photograph, she became visibly upset, although she did not identify Mr. Smith. 

On Oct. 20, 1985, Detective Straight interviewed Mr. Smith. During their conversation, Mr. Smith said that as a result of his drug problem, he had no interest in sexual activity. 

Ultimately, the women all identified Mr. Smith as their attacker in a live lineup.

The Trial

In December 1986, Mr. Smith went to trial in the Franklin County Court of Common Pleas on the three rape cases. He was accused of seven counts of rape, three counts of kidnapping, three counts of aggravated burglary, and two counts of aggravated robbery. By that time, Mr. Smith had pled guilty to one of two unrelated incidents and had been sentenced to six to 25 years in prison.

All three women testified and each identified him as their attacker.

C.W. testified that a couple of weeks after being raped, she saw Mr. Smith in the parking lot at the Scandinavian Health Spa and that two weeks later, she saw him inside the health spa. She said that was why she got upset when Detective Straight mentioned the spa. She said that when she saw Mr. Smith’s photograph, she believed it was the individual who had raped her, but she did not identify him to the detective because she was scared. C.W. said that when she was at the live lineup, she recognized Mr. Smith after he entered the viewing room.

The defense and prosecution stipulated that rape kits had been prepared for each of the women and that slides and swabs had been examined. Each showed the presence of spermatozoa. There was no evidence presented as to whether any of the evidence was submitted for serological examination or comparison to Mr. Smith.

An acquaintance of Mr. Smith, James Bellard, testified for the defense that in September 1984 and in May 1985, Mr. Smith did not have a beard. Mr. Bellard said that Mr. Smith also had medium-length hair. 

Mr. Smith testified and said that while he had worked part-time at the Scandinavian Health Spa in 1980, he was not present at the facility in September 1984 or in May 1985. He said that during that time, he was not training. He stated that even if he had been training, he would never have trained at the spa because it did not have the equipment he used. He said that in late 1984, he developed a cocaine habit after being mistreated in a body-building competition, which ultimately diminished his interest in sexual activity.

He testified that in September 1984, he weighed 173 pounds and had Jheri curls, which meant that his hair was long and chemically treated. He said he never competed with a beard and he typically shaved off all his body hair a couple of weeks before a competition. He said that at the time when his photograph was taken for the lineup, he had a beard because he stopped shaving due to his sensitive skin.

Mr. Smith denied involvement in any of the attacks. He said that on Sept. 4, 1884, the day J.B. was raped, he was at his girlfriend’s apartment. 

Mr. Smith said he could not recall where he was on May 16 or May 31, 1985, the dates of the two other rapes. He told the jury that when he was arrested for an unrelated incident, he was wearing the belt around his abdomen under his clothing to carry a pistol. He said that was the only time he had ever worn the belt under his clothing.

On Dec. 19, 1986, the jury convicted Mr. Smith of the attacks on L.L. and C.W. The jury acquitted him of the rape of J.B.

He was sentenced to 78 to 190 years in prison.

The Exoneration

While in prison, Mr. Smith maintained his innocence and became a role model in prison. He completed a drug rehabilitation program and obtained an associate’s degree in business from Wilmington College. 

In 1987, Mr. Smith also began seeking DNA testing. He filed multiple requests and all were denied. His appeals also were unsuccessful.

In 1996, the Innocence Project persuaded Michael Miller, then the chief prosecutor of Franklin County, to reopen the case and to agree to DNA testing. Independent tests were performed and excluded Mr. Smith as the source of the spermatozoa in both cases. An additional round of testing by the Franklin County prosecutor’s office confirmed the results.

On Nov. 7, 1996, by agreement of the prosecution, Mr. Smith’s convictions were vacated and the charges were dismissed. On Dec. 6, 1996, he was released on parole for the unrelated incident.

Following his exoneration, Mr. Smith was awarded $250,000 in state compensation.