Judge Denies State New Prosecution Of Accused Serial Rapist

Accused serial rapist Leroy Smith is a free man and will not face additional charges. This comes after a judge rules for the second time, Smith cannot be prosecuted in Muskogee County Court.

Tammy Templeton said her family feels lost after this latest ruling regarding Smith. Templeton believes Smith raped her mother in the 90's and she’s spent the last year following Smith's case in court.

"It's sad, it's almost like I feel like I let her down," Templeton told News on 6. "It's devastating that our family's case has been exhausted all avenues. There are no other avenues to pursue, and nobody knows who has jurisdiction."

DNA evidence led to Smith being charged last summer, 30 years after the crimes happened.

Related Story: Man Charged With Raping 5 Women in Muskogee Arrested In Texas

Then, a U.S. Supreme Court ruling said Smith couldn't be charged in state court due to tribal jurisdiction. He also couldn't be charged in federal court because the statute of limitations had expired.

Related Story: Judge Passes Accused Serial Rapist Case To Court Of Criminal Appeals

He was then charged again in Muskogee County. However, a judge said that does not follow the law, so the case was dismissed, and Smith was released.

"The man walks in the street and he could be living next-door to you were mean and has no restrictions no doesn't have to check in anywhere," Templeton said. 

Muskogee County District Attorney Orvil Loge sent a statement saying, "We will not file any further pleadings and remain committed to victims and their families as they cope with the ruling."

Templeton said she's even more determined to contact Congress and get justice.

"We may never get resolution for our case. But I don't want her death to be in vain, and I don't want these other women to have gone through the traumatic experiences that they had to go through for nothing," Templeton said. 

News On 6 asked to speak to Smith on camera and he did not wish to speak at this time.