Nancy Smith Case: Full Legal History
Original Charges and Conviction (1993–1996)
In 1993, Lorain County (Ohio) police began investigating allegations that Head Start bus driver Nancy Smith and a co-worker, Joseph Allen, were sexually abusing preschool children in their care (Davis Polk). In July 1994, Smith and Allen were tried jointly. Smith (then 41) was convicted of two counts of gross sexual imposition, one count of rape, one of attempted rape, and two counts of complicity to rape (Law.Justia, Davis Polk). Allen (then 37) was convicted of rape, felonious sexual penetration, and gross sexual imposition. No physical evidence tied them to a crime—the case was largely built on children’s testimony (Davis Polk). Smith received a 30–90 year term (Davis Polk), and Allen was given 22 years plus life terms (Lorain County Court). Both appealed, but their 1996 convictions were upheld by the Ohio 9th District Court of Appeals (Lorain County Court). The case became emblematic of the 1980s–90s “day care/Satanic panic” cases, driven by a distraught parent and media-amplified fear (Davis Polk, Ohio University).
Post-Conviction Efforts (1996–2013)
From 1996 onward, Smith and Allen filed numerous post-conviction motions and habeas petitions, all denied (Lorain County Court). In 2009, Judge James Burge vacated their convictions and entered acquittals on February 4. Both were released after nearly 15 years. The state appealed: in 2010, Allen’s conviction was reinstated, and in 2011, the Ohio Supreme Court reversed Smith’s acquittal (Innocence Project). The court held Judge Burge had exceeded his authority. In 2013, both defendants accepted plea deals, were credited for time served, and freed. Davis Polk summarized Smith’s experience: “she continued to rebuild her life at home despite the ever-present threat” of re-incarceration (Davis Polk).
2022 Exoneration and Dismissal of Charges
New Evidence and Motion for New Trial (2021)
In late 2021, Smith and Allen requested new trials, citing new evidence. Key revelations included testimony that Margaret “Margie” Grondin, the accuser’s mother, had coached the children into making false statements (Davis Polk, Christian Post). Additionally, many children interviewed during the original investigation denied abuse by Smith (Christian Post). Reports by the Ohio Innocence Project (OIP) highlighted lingering doubts, including audio from retired Lorain Police Chief Cel Rivera admitting “something drastically wrong happened here” (Innocence Project, Cleveland19).
Dismissal and Exoneration (Feb 2022)
On Feb. 25, 2022, Judge D. Chris Cook reviewed the new-trial motions. Prosecutor J.D. Tomlinson, who had campaigned on correcting wrongful convictions, concluded the evidence was insufficient and recommended dismissal (Davis Polk). Judge Cook granted new trials and, on Tomlinson’s motion, dismissed all charges (UC, Davis Polk). He declared, “The State has proven neither defendant’s guilt beyond a reasonable doubt.” As Davis Polk concluded: “no crime had ever been committed” (Davis Polk). The AP echoed that Tomlinson had found “no credible evidence.” OIP’s Mark Godsey labeled the original convictions “long, painful and patently unfair” (Ohio University).
Wrongful Imprisonment Declarations
Smith and Allen then filed for wrongful imprisonment status under R.C. 2743.48. The Lorain Prosecutor’s Office supported their petition, joining their request for formal innocence recognition (Justia). Though the Ohio Attorney General objected, a 2024 appellate ruling allowed the county prosecutor to represent the State in these petitions (Justia).
2025 Challenge by New Prosecutor Tony Cillo
Newly elected prosecutor Tony Cillo (Republican, took office 2025) filed a 305-page motion in 2025 asking to vacate the dismissals. He alleged a “wide-ranging fraud” involving former prosecutor Tomlinson and former judge Jim Burge (then Tomlinson’s chief of staff), accusing them of conspiring with defense counsel to engineer the exoneration. Cillo cited emails and Smith’s political support for Tomlinson as “collusion.”
Tomlinson strongly denied wrongdoing, calling Cillo’s motion a “conspiracy theory.” Smith’s lawyers, including OIP’s Godsey, called it a self-serving attack, noting Smith was pursuing a civil-rights lawsuit against the county (Christian Post). Filed in February 2024, Smith’s federal lawsuit named Lorain City, Lorain County, multiple police officers, former prosecutor Rosenbaum, and Grondin herself. Allegations include false imprisonment, malicious prosecution, and suppression of exculpatory evidence (Christian Post). No ruling has been made on Cillo’s motion as of late 2025.
Key Figures and Roles
Nancy Smith: Former Head Start bus driver, single mother. Convicted in 1994, exonerated in 2022 after nearly 15 years in prison (Davis Polk).
Joseph Allen: Co-defendant. Served over 23 years. Freed in 2013, exonerated in 2022 (Justia).
Tony Cillo: Lorain County Prosecutor since 2021. Filed 2025 motion to undo exonerations. His actions are widely criticized.
J.D. Tomlinson: Prosecutor (2019–2022) who reviewed and dismissed charges. Called Cillo’s theory baseless (Davis Polk).
James S. “Jim” Burge: Judge who vacated the convictions in 2009. Later Tomlinson’s chief of staff. Accused of impropriety by Cillo.
Mark Godsey: Ohio Innocence Project director, led exoneration efforts (Ohio University).
Defense Attorneys: Sharon Katz and William Pollak (Davis Polk), Elliot Slosar, Amy Staples, and Jonathan Loevy (Chicago). Led litigation team (Davis Polk).
Det. Tom Cantu: Lead investigator in 1993. Removed after expressing skepticism. Later affidavits confirmed his early doubts (Ohio University).
Jonathan Rosenbaum: Assistant prosecutor in 1993. Later sued by Smith for misconduct.
Judge D. Chris Cook: Presided over 2022 dismissal.
Related Litigation
Wrongful-Imprisonment Petitions: Filed after 2022 dismissals. Lorain prosecutor supported claims. AG objected; court ruled in favor of local prosecutor (Justia).
Federal Civil-Rights Lawsuit (2024): Smith sued Lorain County, city officials, and individuals under 42 U.S.C. §1983. Allegations include malicious prosecution, emotional distress, and suppression of evidence (Christian Post).
Media Coverage and Public Commentary
Extensive national and local coverage. AP reported the dismissal due to lack of evidence. University press releases credited the Ohio Innocence Project (UC, Ohio University). Cleveland 19 uncovered audio from Chief Cel Rivera doubting the original case (Cleveland19).
Smith gave interviews about her wrongful conviction and resilience (WYSO, Christian Post). Her story was dramatized in the 2019 Cincinnati Opera production Blind Injustice (Cincinnati Opera).
In 2025, Cillo’s motion sparked public backlash. Hashtags like #FreeTheOhio4 circulated online. Legal advocates warned it risked undoing the finality of exonerations.
Summary of Timeline
- 1993: Allegations filed (May)
- 1994: Trial (July), convictions (August)
- 1996: Convictions upheld
- 2009: Convictions vacated
- 2010–2011: Acquittals reversed
- 2013: Plea deals, release
- 2021: Motion for new trial
- Feb 2022: Charges dismissed
- Feb 2024: Federal civil-rights suit filed
- Sept 2025: Cillo files to overturn dismissal
All content based on official court records, public news sources, and verified organizational statements.
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