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William Glen Smith in Cowlitz County Superior Court. Greg Ebersole / The Daily News

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Kelso man found guilty on four counts of rape

Friday, November 21, 2008 9:40 AM PST

By Tony Lystra

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A Kelso man accused of tricking three women into agreeing to “sex contracts” was found guilty of four counts of third-degree rape Thursday afternoon.

William Glen Smith, 50, stared straight ahead, emotionless, as the jury announced its verdict in midafternoon, ending a four-day trial. Jurors deliberated two to three hours before deciding the case.

Smith, who has been out on bail since his arrest late last winter, remains free until sentencing Dec. 30. It was not clear Thursday how much prison time he may face.

“His own words tell us what he’s doing,” said Cowlitz County Deputy Prosecutor James Smith, speaking to a jury of four women and seven men during closing arguments Thursday morning. “The language that he puts in these three contracts with these women clearly shows he knows he’s committing a crime, that he wants to make them into essentially his sex slaves, because he wants control.”

Smith drew up three contracts stipulating that he could touch and have sex with the women, two of whom were his relatives. The contracts stated the women would have to pay Smith thousands of dollars if they refused his advances.

In exchange, the documents had promised the women help with their personal lives, including, depending on the contract, assistance with a divorce, childcare, clothing, a place to stay and breast augmentation surgery.

Each of the women testified this week that they thought they were bound by the contracts and that they feared there wasn’t anything they could do to stop Smith. Two of the women said they posed in lingerie for Smith.

In addition to the rape charges, Smith also faced two counts of fourth-degree assault with sexual motivation for allegedly groping two of the women, both of whom were 19 at the time. He was acquitted Thursday of one of the assault counts. Trial on the other assault charge has been delayed.

One of the victims, 23, testified that she didn’t want to have sex with Smith but each time she refused, he told her she had to because she’d signed the contract. She has an eighth-grade education and lives on Social Security benefits because she has a learning disability, prosecutors said.

The attacks occurred from late 2007 to February of this year.

The trial had been marked by lurid evidence, and the contracts themselves stated in explicit language what Smith thought he could do to the victims.

Prosecutors said the 23-year-old woman became pregnant with Smith’s child, and DNA tests on the aborted fetus determined that Smith was 99.9 percent likely to be the father.

The defense put only two witnesses on the stand, including Smith himself. The defendant testified he had drafted the contracts to protect himself from prosecution, then noted from the witness stand that “apparently I’m here so I guess it don’t work.”

Two other witnesses were kept off the stand by pretrial rulings, public defender Tom Ladouceur said in an interview after the verdict.

“In a case like this, you do the best with what you have,” he said.

Smith told a reporter in the Hall of Justice parking lot hours before the verdict that the trial had been unfair and he planned to appeal.

Ladouceur acknowledged during his closing remarks Thursday that the case had presented the jury with evidence they might find “disgusting” and “repulsive.”

“It wouldn’t surprise me at all if, based on what you heard yesterday, just the fact that there was sex between Mr. Smith and his (relative) ... that you have a very strong dislike for the conduct of this man.”

But, Ladouceur said, the jury is called to “not find somebody guilty because the bottom line is you dislike them.”

Ladouceur pointed out that it was months before the 23-year-old victim reported the rape to the authorities and that she continued to live with Smith long after the attacks started.

“Why in the world would someone not tell someone? Not call the police? Not just leave?” Ladouceur asked.

Smith faced 10 counts of third-degree rape but was found not guilty on six of those counts.

He was found guilty Thursday of second-degree perjury after he first denied to Cowlitz County sheriff’s detectives that he’d had sex with his 23-year-old relative, but then said the sex had been consensual.

Related article:

Man on trial for alleged forced sex by contract (Nov. 20)

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sammy wrote on Nov 20, 2008 4:02 PM:

" Boy, is that a 'made for TV movie'. Wonder who's got the movie rights to this one. "

Gondolapete wrote on Nov 20, 2008 4:07 PM:

" so, evidently, these contracts are not legal? "

SM wrote on Nov 20, 2008 4:22 PM:

" So he gets to sue them for violating their contracts, right? :P "

kelsomom wrote on Nov 20, 2008 4:22 PM:

" They already made this movie, it is called Deliverance. "

lngconnn wrote on Nov 20, 2008 4:26 PM:

" How stupid can a guy be? Of course the contracts wouldn't be legal. Or maybe he knew that. Like the law would support something like that. Give me a break! "

jackal wrote on Nov 20, 2008 4:40 PM:

" Crap, looks like my own landlord has some explaining to do. "

taintersniff wrote on Nov 20, 2008 4:43 PM:

" No, actually Deliverance is a completely different movie. Deliverance has canoe trips this one has contracts, totally different, but easily confused. "

Beer&Skittles wrote on Nov 20, 2008 4:53 PM:

" Let him try a contract in prison...yeah, won't work there either. I actually overheard people talking about this today in a local waiting room - they were actually arguing about the contract. PEOPLE: this would not be a legal contract, oh, for, let me see...a couple hundred reasons! The court won't uphold murder contracts either. OMG! no wonder so many people are so screwed up. Where on earth did such misleading information ever come from in the first place? "

Beer&Skittles wrote on Nov 20, 2008 4:54 PM:

" ...and it just goes to show, you should always consult a lawyer to review your contracts... ;-} "

coach wrote on Nov 20, 2008 5:23 PM:

" I cant wait to see this on Jerry Springer "

CONCERENED wrote on Nov 20, 2008 6:15 PM:

" WOW!! WHERES THE JUSTICE? ITS OK TO CONTRACT SEX ACTS NOW? AND WHAT KIND OF TIME DID THE MAN GET? OR IS THAT YET TO BE DETERMINED?
LOL @ JERRY SPRINGER, WOULDNT SUPRISE ME A BIT!THIS IS JUST A SICK, TWISTED, TRAGIC STORY!!! "

Louie wrote on Nov 20, 2008 7:16 PM:

" The big tragedy here is the young women he raped. They will forever be scarred by this pathetic excuse for a human being. This man is repulsive. He better watch his rear when he goes to prison...paybacks can be really nasty. "

figgerditout wrote on Nov 20, 2008 7:34 PM:

" And he looks like such a nice guy. "

LongviewFam wrote on Nov 20, 2008 9:35 PM:

" 'scuse me...I just threw up in my mouth a little bit... "

whatsinaname wrote on Nov 20, 2008 11:47 PM:

" So in a similar way, porn actors and strippers who sign contracts to do their thing, are also raped? "

jj's girl wrote on Nov 21, 2008 12:04 AM:

" I agree LongviewFam, this guy makes me want to throw up. That picture only adds to the gross-out factor. Also, don't you love the "buy photo" button underneath the picture. TDN, you are joking, right? "

grrrowl wrote on Nov 21, 2008 4:48 AM:

" "Also, don't you love the "buy photo" button underneath the picture. TDN, you are joking, right? "

Psssh, you're crazy! AND You can get the photo on a Christmas Ornament for just $18.95. What a lovely gift for the grandma http://gallery.pictopia.com/cart/gifts/dailynews/photo/6800135/?mi=67 !! "

Billy Hill wrote on Nov 21, 2008 5:24 AM:

" This could all have been avoided if Smith had had his lawyer draw up the contracts. The wording just wasn't right. Penny pinching sometimes does not pay off in the end. "

bonziyance wrote on Nov 21, 2008 6:17 AM:

" Duh I didn't do anything wrong? Did I? "

joey wrote on Nov 21, 2008 7:06 AM:

" The sad thing here is the girl with the 8th grade education living on social security due to a learning disability. All the money that is thrown around by government agencies and someone like this slips through the cracks. Healthcare and education should should be top priority for people not only an option for the few that have all the money. Sometimes it feels like it is desired for most people to be ill an uneducated.

Joey. "

pilaf wrote on Nov 21, 2008 7:12 AM:

" He was going to help out with CHILD CARE in return? Yowza. "

cynic954 wrote on Nov 21, 2008 7:16 AM:

" Only in kelso or kin-tucky would this happen "

mranman wrote on Nov 21, 2008 7:30 AM:

" Exactly.... "BUY PHOTO"??? Guess TDN doens't know about the "right-click-save" button on the mouse. LOL, now TDN is certainly getting greedy. Besides, who would want a stoned-out looking mug shot? This completely made my day! :) "

sosad wrote on Nov 21, 2008 7:54 AM:

" Come to find out, this is a neighbor of mine. We live way out in country and on a private road. This worries me that the judge let him come back home until sentencing??? What rights do WE have? Our school children who all meet at the bus stop, including his? Why didn't the judge lock him up until sentencing? And I am really hoping the comments about how the contract should have been valid is just a joke? If not, this is such a sad sad world we are living in. "

Mrs. Pellwerds wrote on Nov 21, 2008 7:56 AM:

" When can we buy a photo T-shirt? I'm thinking this photo would look great on a stained, once-white tank top. "

Beer&Skittles wrote on Nov 21, 2008 8:26 AM:

" Difference: porn actors and strippers are acting on free will to do what they are doing - and, as I understand it, there aren't a lot of contracts there...for the purpose of not acknowleding criminal behavior when in a jurisdiction where whatever they are doing is legal. They do probably have contracts at the Bunny Ranch in Nevada for example - where it's legal and regulated. Probably not in Longview where it's not legal. "

country gal wrote on Nov 21, 2008 9:54 AM:

" This is a tragic case. But I sure would like to know how a 23 year old person can get Social Security just because of a learning disability. Something wrong with the system here. As for Smith, I agree with SoSad, how could a judge let him go free until sentencing? "

Gondolapete wrote on Nov 21, 2008 10:51 AM:

" I just purchased the Christmas ornament.. "

sucks wrote on Nov 21, 2008 11:21 AM:

" For those of you that are wondering why he was released until sentencing. It is a Federal law that bail must be set according to how severe the case was, threat to himself and to society. If a person is able to make that bail then they must be relaeased on it. It is not the judges decision who they can let out on bail. It is up to the laws that have been set. "

Dookie Lumpkins wrote on Nov 21, 2008 11:34 AM:

" If I were a teen reading about this, I would be munching Ritalin and staying in school. "

Gondolapete wrote on Nov 21, 2008 11:39 AM:

" Was is ever mentioned in court a way that these sort of contracts COULD be made legal??? Just wondering... "

Gondolapete wrote on Nov 21, 2008 11:48 AM:

" On a serious note, this is a classic way of manipulation..it actually happens more than people think.... you are a guy just like this guy is, fairly homely,have a little extra cash, find some needy, desperate girl who needs cash..and ya "trade"..no im not talking from experience..im saying, this actually happens quite a bit..just not to this degree "

Dookie Lumpkins wrote on Nov 21, 2008 11:49 AM:

" How come he didn't utilize LEGALZOOM.COM? "

scratch007 wrote on Nov 21, 2008 12:35 PM:

" We did not need a trial- I could tell just by seeing his picture that he is guilty! "

rosy wrote on Nov 21, 2008 12:54 PM:

" Country Gal, We don't get ALL the facts about the case and witnesses from the paper. What was termed "learning disability" could be anything from mild dyslexia to mental defiency. What they need to patch this crack is a class that anyone with an impairment could take explaining legal rights. I know of other cases that these impaired people have made drastic mistakes because of this lack of knowledge. And to go one step further, they should have a on-call person to ask for advice and explanations. "

klb65 wrote on Nov 21, 2008 12:55 PM:

" Gross! This guy gives me the creeps just from his picture, let alone after reading the charges. He's pathetic, shameful and disgusting! I hope he's off the streets for a very long time! "

Simple Man wrote on Nov 21, 2008 1:38 PM:

" Lock away the key. "

wowwow wrote on Nov 21, 2008 1:41 PM:

" Lock him up and throw away the key forever.!!!!!!!!! "

DUH wrote on Nov 21, 2008 2:12 PM:

" 10 counts of third-degree rape but was found not guilty on six of those counts.
Whats that mean. That there were 6 times that the women actually wanted "it"? "

CONCERENED wrote on Nov 21, 2008 4:23 PM:

" RE SCRATCH: thats why ya wernt on the jury im sure of it lmao "

reflecting wrote on Nov 21, 2008 9:50 PM:

" Eeeeeww.....my skin is crawling! "

whatsinaname wrote on Nov 21, 2008 10:00 PM:

" Dont get it. If he makes out a contract, and then she goes by it, then how can it be rape, if she consented and took the money? So if a john does it with a hooker with a verbal contract, then the crime is prostitution. Now its called rape? "

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