Attorney General Steve Marshall openly condemned claims in campaign materials by GOP attorney general hopeful Jay Mitchell, who is vying for the office against Katherine Robertson later this month, regarding the Aaron Cody Smith case.
For months, Mitchell has accused Robertson and Attorney General Steve Marshall's Office of wrongfully prosecuting an officer who was released from prison in 2024, after Marshall's office took over the case years after sentencing.
Mitchell and Robertson are slated to face one another in a runoff election on June 16.
"I find it reprehensible that someone who wants to hold the office of Attorney General would, for an attempt at political gain, recklessly attack the office he wants to lead," Marshall said. "For some time, this candidate has felt the need to smear the record of this office on an array of matters that he knows nothing about; however, these misstatements about me, my staff, and the conduct of the entire Attorney General's Office—which is a matter of public record—cannot go unanswered any longer."
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.
After years of failed appeals, Smith's case reached the Alabama Supreme Court, where He requested that his failed appeal be overturned, among other things. The Court denied Smith's request. However, Mitchell wrote a special opinion, joining other justices in saying Smith might be entitled to post-conviction relief and likely had inadequate counsel.
When Smith sought that relief in a Rule 32 petition, Marshall executed a privilege of his office by taking over the prosecution of Smith's case from the Montgomery County District Attorney. Marshall's office then reached a plea agreement with Smith, requiring him to plead guilty to the manslaughter charge, but allowing him to be released on time served. Marshall's office had previously represented the state when Smith's case was up for appeal. However, Marshall claims to have been fulfilling his "statutory duty" as AG, despite having "personal misgivings" about Smith's conviction.
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.
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.
In response to the continued use of the Smith case in campaign material, Marshall released the following statement on Friday:
"Officer Smith was prosecuted by the former District Attorney of Montgomery County. 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."
Friday evening, Smith responded via the social media page started by his family during his incarceration.
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