Father, 3 Others Cleared in Du Pont Abduction Case

A federal jury found millionaire E. Newbold Smith and three co-defendants not guilty Thursday of charges they conspired to kidnap Smith’s son and “deprogram” him.

The government alleged in the U.S. District Court trial that Smith, 66, planned the kidnaping because of his son’s involvement with convicted felon and political extremist Lyndon H. LaRouche Jr.

Smith and his co-defendants were accused of conspiring to abduct Smith’s son, Lewis du Pont Smith, and daughter-in-law, Andrea Smith, both of Philadelphia. Lewis Smith is an heir to the Du Pont fortune.

In addition to Smith, of Radnor, Pa., the defendants were Galen Kelly, 45, of Esopus, N.Y., a self-proclaimed deprogrammer; attorney Robert Point, 38, of South Amboy, N.J., and Donald L. Moore, 45, of Lovettsville, Va.

The eight-man, four-woman jury had deliberated 12 hours over two days. Smith, Kelly and Moore showed no emotion as the verdicts were read. Point was embraced by his lawyers.

“I feel very relieved that justice prevailed; I feel it was the right decision by the jury, said the elder Smith’s attorney, John Markham.

Neither Lewis Smith nor his wife was in the courtroom.

Assistant U.S. Atty. Lawrence J. Leiser said he accepted the verdict. “I’m not disappointed, at least not professionally,” he said. “I still feel that bringing this case was the right thing to do.”

Thirty minutes before returning the verdict, jurors sent U.S. District Judge T. S. Ellis III a note asking for a clarification of what needed to be proved to find the defendants guilty of kidnaping.

The jurors wanted to know whether the prosecution needed to have proved that the alleged plotters agreed to carry out a kidnaping plan, or whether simply considering a plan as a viable option was sufficient for a conviction.

Ellis said the jury would have to be convinced that the defendants had actually agreed to carry through the kidnaping plan.

Defense attorneys conceded that the elder Smith discussed abduction with his co-defendants. But they said the men can’t be guilty of conspiracy, since Smith never made up his mind to actually go through with the plan.