The months-long back-and-forth between former Alabama Supreme Court Justice Jay Mitchell and Attorney General Steve Marshall continued this week after Mitchell slammed Marshal in an attack against his runoff opponent, Marshall's chief counsel, Katherine Robertson.
Mitchell and Robertson are slated to face one another in a runoff election on June 16. However, Mitchell has used the prosecution of a former Montgomery police officer to criticize Robertson's record since before the primary election in May.
Mitchell's accusation hinges on the case of Aaron Cody Smith, a former Montgomery police officer who was charged with murder in the 2016 shooting of Greg Gunn. Smith was sentenced to 14 years in 2019 for the lesser crime of manslaughter.
On Feb. 21, 2024, Marshall's Office reached a plea agreement with Smith. Smith entered a guilty plea of manslaughter, receiving a split 18-month sentence, allowing him to walk free on time served.
Earlier this year, Mitchell began highlighting the case and Robertson's role in it in multiple attack ads and press releases, even blaming Robertson for the police shortages in the capital city.
Mitchell contends that Robertson, as a part of her role in Smith's plea agreement, erred by choosing to "prosecute" Smith by representing the state in Smith's appeal, by not getting involved in the case sooner and by compelling a guilty plea, regardless of the shortened prison time. Smith and his family have backed Mitchell's claim and are openly supporting his bid for AG.
On Friday, Marshall released a lengthy exculpation of his office's role in securing Smith's plea deal and slamming Mitchell's tactics. Marshall's office also attached a letter that Smith had sent to Marshall thanking the attorney general's office. The letter is no longer available. However, Mitchell claims Smith's letter contained his work address, email and phone number.
Mitchell's campaign accused Marshall of doxing Smith. Mitchell said Smith was the target of "violent death threats and harassment from the radical Left," and that publishing the information put Smith and his family in danger of reprisal. Mitchell called it "an overt act of intimidation or apparent rush to do Katherine Robertson's political bidding."
"It's cowardly and wrong for Katherine Robertson and her boss to try to silence Cody Smith in this way," Mitchell said. "They should take responsibility for their failures in his case and apologize to him. Publicly."
In the release containing the letter in question, Marshall made the following statement, offering a justification for his office's role in the case.
"Officer Smith was prosecuted by the former District Attorney of Montgomery County," Marshall said. "He was charged with murder and convicted of manslaughter. According to our legally mandated duty, my office handled the conviction on appeal. Years later, when the case returned to the trial court, my office took the extremely rare step of intervening and offering the officer a plea agreement that would permit the officer to immediately return home. The Montgomery County District Attorney objected to the resentencing, asked the court to preserve the previous sentence of fourteen years, and noted that the officer believed he was 'above the law' and that he 'intentionally and unlawfully killed Greg Gunn.' Nevertheless, our agreement was entered by the court and the officer was released."
"After his release from prison, my office gave Officer Smith a recommendation for a state job and even recently, was trying to assist him in his pursuit of a pardon. What makes this especially difficult, and personal to so many in my office, is that Officer Smith himself sent us a letter thanking us for our assistance in his case. Nothing about the facts have changed, only the political season. I have immense compassion for Officer Smith and what he endured and am sad to see his story used as a misguided political weapon against those who fought to help him. No matter what Officer Smith chooses to say now, any one of us would help him again in a heartbeat."
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
