77-year-old man arraigned on 33 counts of rape,sexual abuse, incest

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by Johnny Archer

WHAS11.com

Posted on June 25, 2012 at 12:17 PM

Updated Sunday, Nov 3 at 1:42 AM

(WHAS11) -- John Smith, 77, was arraigned Monday in a Jefferson County Circuit courtroom.

“You were picked up on a grand jury arrest warrant that was $10,000,” said Judge Barry Willett. “I don’t think that’s a significant bail on a case like this. I’m going to increase your bail to $100,000 full cash.”

He faces a total of 33 counts for rape of a child, indecent practices with a child, sexual abuse and incest. All of the alleged victims are family members of Smith. Prosecutors say the latest incident happened this year involving Smith’s six-year-old relative.

“During the course of the investigation police discovered there were four other victims,” said Lisa Cartier Giroux, who is an Assistant Commonwealth Attorney. “Speaking to them [the alleged victims] brought us back to the offenses which began in 1965.”

That’s nearly 50 years ago and a total of five family members of Smith. Cartier Giroux says some of the charges existed prior to modern day penalties and determining Smith’s legal fate is difficult to determine so early in the case.

“It’s going to be a very complicated issue that will have to be litigated by the parties,” said Cartier Giroux. “The judge will ultimately make the decision if we get to sentencing.”

Smith is scheduled for trial on March 26, 2013.

“If he committed those offenses he should be held accountable for them regardless of his age,” said Cartier Giroux.

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