The race for Alabama's next attorney general turned sour on Tuesday after former Supreme Court Justice Jay Mitchell criticized his opponent, chief counsel in the AG's Office, Katherine Robertson, for unjustly prosecuting a now-released former Montgomery Police officer who was convicted of manslaughter in 2019.
Mitchell sent out the statement on Tuesday, following Robertson's announced endorsement by former Montgomery Mayor Todd Strange. In the statement, Mitchell accuses Robertson and Attorney General Steve Marshall's Office of wrongfully prosecuting an officer who was released from prison in 2024, after the AG's Office took over the case years after Smith was sentenced.
Marshall quickly hit back at Mitchell's comments, calling them "deceptive campaign fodder" designed to "mislead voters."
The officer, Aaron Cody Smith, was convicted of the on-duty shooting of Greg Gunn. The shooting occurred on Feb. 25, 2016, and Smith was arrested nearly a week later.
Smith's trial ended in November 2019 with a jury finding him guilty of a lesser charge of manslaughter. He was sentenced to 14 years in prison in January 2020.
Years later, Smith's family and other advocates continued to file appeals and seek support for overturning the conviction.
Smith spoke to 1819 News in 2022 from Limestone Correctional Facility, detailing his thoughts on the trial and his incarceration.
After a series of failed appeals, Smith's case once again ended up in the Alabama Supreme Court. The Court had already heard part of Smith's case in Jan. 11, 2019, denying him immunity in the shooting but granting a change of venue and the recusal of a particular judge. Online records state Mitchell took office that same day. His name does not appear on the opinion, since it was written before he took office
In December 2022, the Alabama Supreme Court granted Smith a "writ of certiorari," which asked the Court to review a prior decision of the Court of Criminal Appeals. The writ was denied. However, Mitchell, along with other members of the court, offered that Smith could be entitled to postconviction relief.
"Because Smith has failed to preserve any viable legal theories for this Court's review, I must concur in the decision to quash writ," Mitchell wrote in a special opinion. "But since the memorandum below raises obvious doubts regarding Smith's conviction and the adequacy of his counsel, I believe he may be eligible for postconviction relief."
SEE: Imprisoned former Montgomery Police officer: Supreme Court rejecting appeal 'a minor setback'
Smith then filed a Rule 32 petition, which allows people to challenge their convictions in court based on grounds not raised on appeal.
In a typical Rule 32 hearing, the prosecutor who initially handled the case would be the one to prosecute. However, Marshall announced he would take over the case.
RELATED: Marshall's Office to handle prosecution of imprisoned former Montgomery Police officer in new appeal
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.
"This case first came to my Office on appeal in 2020," Marshall said of the plea agreement. "Despite my personal misgivings about the strength of the case against Mr. Smith, my Office successfully defended the conviction in accordance with our statutory duty. I then watched as the case went on to the Alabama Supreme Court and back again to the trial court late last year."
Now, Mitchell has homed in on the case, saying Robertson was largely to blame for rising crime in the capital city, citing Smith's case as a reason for police shortages.
"Montgomery's collapse in policing and rise in violent crime happened entirely on Katherine Robertson's watch—and is largely due to her office's wrongful prosecution of former Montgomery Police Officer Cody Smith," Mitchell said. "In 10 years as Chief Counsel to the Attorney General, Ms. Robertson has done nothing to stop the bleeding. The time for excuses is over: citizens in the River Region deserve an Attorney General they can trust to restore safety in their communities."
Marshall was swift to respond to Mitchell's comments, lambasting the perceived political maneuvering and praising Robertson's role in the plea deal that saw Smith walk free.
"I am appalled that a candidate for Attorney General is willing to mislead voters about the work of this Office as it pertains to a former Montgomery police officer," Marshall said in a statement to 1819 News. "As Mr. Mitchell knows full well, the Attorney General's Office did not prosecute former MPD Officer Aaron Cody Smith. And, in fact, it was my Office—specifically Katherine Robertson—who arranged for him to leave prison at the earliest opportunity once our mandated appellate duties were complete. Mr. Mitchell must believe that his deceptive campaign fodder will be excused by the members of the Attorney General's Office, but several of Mr. Smith's former colleagues who now serve in my Office will not soon forget this stunt."
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