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Smith’s Acquittal on Rape Charge

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In response to “Jury Acquits Smith of Rape at Kennedy Estate,” Dec. 12:

For the second time in a very short period we have seen a person’s life nearly ruined due to a bare accusation.

I am sure both Clarence Thomas and William Kennedy Smith agree that they could have avoided their respective circuses had adequate investigations been made.

The Smith case is a perfect example of a deputy district attorney forging ahead with a criminal prosecution based on the unsubstantiated and virtually uninvestigated claims of a scorned woman.

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The danger of this sort of travesty happening in California is greater than ever due to the erosion of court procedures designed to weed out frivolous charges.

I am referring to Proposition 115, which has turned our system of preliminary hearings into a rubber stamp to the district attorney. Under the new law the prosecutor can use the most blatant form of hearsay evidence as the basis for binding a person over for trial. What could be awaiting the defendant there: A prosecutor similar to Moira Lasch with his or her own axes to grind.

Let us now see the light and repeal Proposition 115 before we have to start proving ourselves innocent.

JAMES A. BATES

Santa Ana

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