Wednesday, February 4, 2009 12:30 PM EST
ELYRIA - Former Head Start bus driver Nancy Smith is free on bond and
one step closer to getting out of prison.
Lorain County Common
Pleas Court
Judge James Burge today vacated the sentence for Smith, 51, of Lorain,
who was convicted in 1994 of molesting four young children.
She was serving a
sentence of 30- to
90 years, but the judge ordered she be resentenced due to a technical
error in her initial sentencing entry.
Today, Burge set bond at
$100,000,
which her best friend posted. She is effectively a convicted inmate,
and will be free until she is resentenced. She could remain free
depending on what the judge decides.
Smith’s family and
supporters said
they did not expect Burge’s decision. They hugged and cried tears of
joy with each other after his announcement.
Her
case is hotly contested
in part because of inconstancies in the children’s testimony and
problems with the police investigation. Smith has maintained her
innocence and many believe she was falsely accused.
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Former Head Start bus driver Nancy Smith and her attorney Jack Bradley
at a hearing today where Judge James Burge ruled she would be
resentenced. MORNING JOURNAL/JIM BOBEL
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