Extortion case goes to trial Oct. 29

Ex-Republican statehouse candidate Smith couldn’t reach pretrial deal.

Former Republican statehouse candidate Jocelyn Smith is looking forward to defending herself in court on allegations she extorted and coerced her primary opponent, State Rep. Rick Perales, R-Beavercreek.

Smith, 36, of Fairborn, faces a third-degree felony charge of extortion and a second-degree misdemeanor count of coercion, according to records of the secret indictment filed June 15 in Greene County Common Pleas Court.

She pleaded not guilty in July.

No deal was reached during the final pretrial hearing Friday. Smith’s attorney Ben Swift met with the special prosecutor assigned to the case — Steve Pronai from Madison County — and the judge assigned to the case — retired federal magistrate Timothy Hogan.

After the 30-minute meeting, the trial date was

continued from B1 set for Oct. 29.

Afterward, Swift told WHIO’s Jim Otte his client does not have a felony record and will not agree to a felony charge.

“Based on our discussions with the prosecutor in this case and our review of the evidence in this case, this case is set for trial,” Swift said. “Ms. Smith has proclaimed her innocence from the very beginning . ... She’s looking forward to her day in court.”

Swift said they are still in the process of discovery, in which the prosecution reveals the evidence it plans to present in court.

Smith has been out on her recognizance. She works as a registered nurse case manager at Sheakley Unicomp and is a teacher at Fortis College.

Perales, a former Greene County commissioner and Beavercreek councilman, has represented the western Greene County 73rd District since 2013.

On May 8, Perales defeated Smith 80 percent to 20 percent. Perales faces Kim McCarthy, a Sugarcreek Twp. Democrat, in the Nov. 6 General Election.

During the primary campaign, Smith alleged Perales had choked, forcibly kissed, fondled and sexted with her in 2015.

Perales, who is married, admits sending inappropriate sexually oriented text messages to Smith during a brief consensual relationship in early 2015. He denied he choked, kissed or touched her. Perales said Smith sent him topless photos of herself, but he did not send any sexually oriented photos to her.

Smith denied sending the pictures and said because she refused to have sex with him, Perales would not sponsor a pancreatic cancer specialty license plate bill she supported. State records show Perales did co-sponsor and vote for a bill establishing the specialty plate.

The indictment stems from a complaint accusing Smith of extortion that Perales filed with Fairborn police in April after Smith held a March 27 news conference in Fairborn. At the news conference, Smith said if Perales did not resign from the state legislature and withdraw from the Republican primary, she would release texts and other documentation she said proved her allegations.

“Please don’t force me to release the rest of the text messages and other mountains of evidence,” Smith said at the news conference. “I think you know the honorable thing to do is to step down.”

Perales questioned Smith’s credibility, saying her story changed multiple times and pointed to court cases involving her. Contact this reporter at 937225-6985 or email Richard. Wilson@coxinc.com.

‘This court has received extensive negative publicity based on the allegations.’

Joe Kirby