DNA Testing Clears Osburn Man Of Rape - Spokane, North Idaho News & Weather KHQ.com

DNA Testing Clears Osburn Man Of Rape

OSBURN, Idaho - An Osburn man who spent the last seven months in a Shoshone County Jail on charges of rape has now been released after DNA results came back negative and cleared him of the charge.

"Yes, he's happy, but he's also feeling very abused by the system at this point," said Gary Amendola, Justin Smith's lawyer. "From day one he asserted his innocence to everyone."

Gary Amendola represents Smith and has advised him not to speak of what happened. Unable to post bail, Smith sat in jail waiting for DNA results to come back from a long backlog of evidence at the state lab. Osburn Police says they arrested Smith when the alleged victim recognized his voice.

"There was very little evidence, and they were banking on the DNA," said Amendola.

Amendola claims the victim lied about being raped in the first place. Police say that is a possibility, but they have been unable to get in contact with her to ask any further questions, which is another reason they dropped the charges.

Smith's lawyer says after all of this he doesn't know if his client will ever get over what happened.

"We're very happy now that he is out and his name has been cleared, but I'm not sure any of us can appreciate what it was like for that to happen to a person," said Amendola.

Osburn Police say the case is still open despite the charges being dropped against Smith and the inability to contact the alleged victim.

KHQ's MIke Perry contributed to this report

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