
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 17, 1994                   TAG: 9411170129
SECTION: VIRGINIA                    PAGE: C3   EDITION: STATE 
SOURCE: ASSOCIATED PRESS
DATELINE: GRUNDY                                 LENGTH: Short

CONVICTION IN MURDER-FOR-HIRE ATTEMPT UPHELD

The Virginia Court of Appeals has unanimously upheld the 1991 conviction of a woman who tried to hire two men to kill her husband because she believed he was molesting their 18-month-old daughter.

Sharon Smith was convicted in Buchanan County Circuit Court of solicitation to commit murder. The jury recommended a three-month sentence.

One of the men she approached about shooting Smitty Smith alerted police, who outfitted him with hidden microphones to obtain evidence.

Lawyers for Sharon Smith argued that the Circuit Court judge ``improperly admitted co-conspirator declarations'' and improperly admitted evidence of her husband's shooting.

Smitty Smith was shot Oct. 18, 1989, by two relatives who were not involved in the conspiracy. He survived. Smitty Smith has denied the abuse allegation and has never been charged in connection with it.

Gerald Gray, a Dickenson County attorney who was the special prosecutor in the case, said Tuesday he was pleased the Court of Appeals affirmed the conviction.

Gray said the matter can still be appealed, but since the decision in the Court of Appeals was unanimous, he said, it is unlikely further appeal would be successful.

Gray said Sharon Smith has moved out of the state since her conviction. He plans to take action to bring her back to Virginia to begin serving her sentence.

by CNB