DNA test clears rape suspect

OSBURN - An Osburn man was exonerated and released from Shoshone County jail after seven-and-a-half months in custody on a rape charge.

Justin Smith was released Friday after DNA results cleared him from a charge resulting from a July rape allegation.

"The crowning evidence is that the forensic DNA report from the Idaho State Police forensics lab came back and said that Justin Smith is eliminated as having his DNA connected with (the victim) at all," said Gary Amendola, Smith's attorney.

Another factor leading Shoshone County Judge Fred Gibler to sign an order to dismiss the case and release Smith is that the victim has lost touch with the court.

"The status of the case is that she could identify the suspect by voice only," said Shoshone County Prosecuting Attorney Val Siegel. "She believed that it was Justin Smith's voice. The other reality here is that she's disappeared."

The 32-year-old victim told police that some time after 2 a.m. on July 30 she left a local establishment and was sexually assaulted while walking home alone. Smith was arrested the following week.

Siegel and Osburn Police Chief Spike Angle have been unable to contact the victim through her mother. Siegel said the case was dismissed without prejudice, and at this point he does not anticipate any more evidence being brought to light.

Amendola said that due to this case Smith lost his job at a local mine, and he's not sure if he'll get it back. Amendola added that while Smith is glad to be free, his reputation in the community has been "smeared" and he was "tagged wrongfully."

"That's a big time charge to be leveled at you. And a bad one, of course," Amendola said. "He and his family are very troubled. I know Justin has had a lot of scrapes with the law, but a jump-out-of-the-bushes rapist, that just wasn't him."