COVID issues postpone former cop's sex assault trial till next December

Randy Smith (Rochester Police photo)

DOVER - A former Rochester police officer's jury trial on aggravated sexual assault charges has been postponed till next December after two jurors were excused over COVID concerns on Nov. 29, the day the expected weeklong trial was supposed to begin in Strafford County Superior Court.

Prosecutors and defense attorney were tight-lipped when The Rochester Voice inquired about why the trial of Randy Smith, 35, of Misty Lane, Rochester, had been suddenly canceled, but NH Judicial Branch Communications Manager Susan Warner said on Monday it was all due to sickness issues among two jurors.

In an email sent The Voice, Warner said the jury was all set for last week's start until it was learned two jurors had been excused: one with a COVID-positive child, while the other come down with flu-like symptoms.

"Both parties determined it would not be feasible to proceed with just 12 jurors, because they were concerned that over the course of a five-day trial, another juror might need to be excused," Warner said. "The prosecutor was consulted and indicated they did not want to risk the possibility that the alleged victim might have to testify twice."

Both the defense and prosecution teams requested the trial be continued, with the next available trial date coming next December.

Smith is accused of sexually assaulting an unidentified woman sometime during 2017. One count alleges he assaulted the woman using "superior strength," while the other accuses him of using the "element of surprise."

The other two charges allege he forcefully held the woman down and used his hands to touch her sexually on March 19, 2019.

All four charges are Class A felonies that carry maximum 20-year prison sentences apiece.

The indictments were handed down in August 2020 by a Rockingham County grand jury rather than one from Strafford County due to implicit bias that may have been construed since he had a relationship with Strafford County courts in criminal cases as a Rochester Police officer.

For the same reason State Police investigated the case.

Smith went on unpaid administrative leave following the issuing of the indictments.

Smith had served in the Rochester Police Department since 2007.