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Posted: Tuesday, 17 November 2009 2:05PM

Mr. Smith goes to prison -- promising politician sentenced




kakilleen@cbs.com

ST. LOUIS (KMOX Radio)  -- Former Missouri State Senator Jeff Smith is sentenced to a year-and-a-day in prison and fined $50,000 for lying to investigators about his funding of a political postcard slamming an opponent in his failed 2004 run for Congress. 

After pleading guilty in August to two counts of obstruction of justice,  Smith came to court hoping to convince the judge to give him house-arrest plus community service.

Smith read a letter of apology for his crimes, as he stood before the judge in a crisp grey suit, blue shirt, red tie and fresh-looking haircut.  "I put myself here," Smith began, "not the FBI, not the U-S Attorney and not my colleagues ."

In an even voice that never wavered or cracked,   Smith laid out the chronology of his downfall,  detailing how he decided to go aggressive in his campaign against Congressional opponent Russ Carnahan, but didn't want the public to know he was paying for a postcard slamming Carnhan's attendance record.

"I knew that the idea was wrong, but I wanted to win," Smith said, "I knew that my campaign's link to that postcard was against the law, but I felt the end justified the means."

The first law Smith broke was lying on a Federal Election Commission affidavit , when he indicated he had no connection to the postcards.   Then later he organized an effort by members of his campaign staff to lie to the FBI when it investigated the case.

"I misled investigators and conspired others to do so, " Smith said, "There is a right and wrong and I shouldn't need the federal criminal code to know that."

Smith's statement also mentioned the shame of having his parents read about their son and not knowing what to say when neighbors would approach them about it.

His downfall was also witnessed by a crop of Washington University students who had taken his course on politics.  Many had crowded into the courtroom to see their professor sentenced.

Judge Carol Jackson refused to allow the house arrest option Smith's lawyer wanted.   "It's not like you're a teenager," Jackson said, "You have to be held to a higher standard."

Jackson agreed with prosecutor Hal Goldsmith, who argued that this was a case that "deserves prison time"  both as punishment and as a deterrent to others.

But the judge did show some leniency to Smith,  noting that he had an "extraordinary" record of service to others and the community .   She could have sentenced him to 15-to-21 months in prison, according to sentencing guidelines.   In the end, he got less than that -- a year-and-a-day, plus the $50,000 fine. 

After his sentencing, Smith stood on the courthouse steps in a cold drizzle and was asked the lesson of his flame out. 

"I hope that this serves as a cautionary tale to politicians who in the heat of battle let their competitive edge get the best of them," Smith said. 

Smith's co-conspirator,  former State Representative Steve Brown got off easier.   Brown had helped the feds go after his old friend.   Brown got two year's probation, plus a $40,000 fine. 

 


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