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04-08-2008, 02:21 AM
tampabay.com
Sex sting ends, and questions begin | Audio

By Meg Laughlin, Times Staff Writer

Published Saturday, April 5, 2008 3:13 PM

LAKELAND — Overseeing the pretrial intervention program of the Polk State Attorney's Office, Arley Smith had the power to decide who violated conditions of the program and went to prison.

Smith got caught on tape giving one of his charges money and telling her that she could pay him back with weekly sex. It would be the "same situation" he'd had with other young women, he confided, unaware that this woman's step*father was a cop who had arranged for her to wear a wire.

With the recording of the sex-for-money deal in hand, the Lakeland police went to the Polk state attorney and said they wanted to continue surveillance of Smith and charge him. An assistant state attorney agreed, saying he saw a clear crime.

But State Attorney Jerry Hill balked, worrying aloud that Smith — a close friend who had worked in his office for more than 20 years — may have been entrapped and could lose his pension. A few days later, the police chief ordered the undercover surveillance stopped.

Even after Smith confessed in the State Attorney's Office, he was allowed to resign with full benefits.

The woman, her stepfather and the Lakeland police were left to wonder why Smith got to walk away.

• • •

Brittney Mong was 18 when she charged $1,936 to her parents' credit card without their permission. Her mother and stepfather, a Lakeland cop, reacted with a nip-it-in-the-bud attitude and pressed charges.

Mong got probation and entered a pretrial intervention program. She began meeting with Arley Smith, who oversaw the program. About a month before her probation ended, Mong told her parents that she had been meeting Smith outside his office and that he had given her more than $1,900 for a down payment on a car and to pay damages for a traffic accident she caused.

Her stepfather, Don Bell, and his wife, Selah, smelled a rat. They followed their daughter to a meeting with Smith at a McDonald's. As they walked out, Smith gave her $40. Her parents say they saw him hug her and rub her back in the parking lot.

On his stepdaughter's behalf, Bell went to the Lakeland police, who wired Mong for her next meeting with Smith. On Aug. 31, 2007, with a camera and recorder in her purse, the 20-year-old met the 64-year-old Smith for lunch at a Lakeland Olive Garden.

Mong begins the conversation by telling Smith she "feels bad" because she hasn't given him a penny of what she owes him.

"You want to work it out in trade?" Smith asks her.

"What kind of trade?"

"You don't have any money. You don't have a car," Smith says. "I'm not big but I know where it goes. Do I need to go further?"

Mong giggles and says no. Smith says he didn't mean to embarrass her. He hasn't, she says, but she doesn't know how they'd "go about it."

He suggests they get together one day a week at a motel. She says she has Fridays off.

"Next Friday, we got a commitment," Smith tells Mong, a slim, 5-foot-9 blond.

Forks clatter. Dishes clank. Tony Bennett sings. Smith talks about Mong's dwindling finances: "$250 for your car payment & money for tampons — those little things add up. & Now we're down to $450. Now we're down to $300."

He subtracts her expenses from her monthly income but tells her not to worry. She can pay him back "in three or four times" with the sex-on-Fridays plan. Think about it, he says, and "make the decision about what you feel comfortable with."

She says she'll leave it to him to decide how he wants the payback to work. He responds: "I'm 100 years old. Young and tender's worth a million dollars to me."

He talks about two other young women who were in the "same situation." One, named Toni, was in the deferred prosecution program, similar to Mong's. He gave Toni money. She met him at his friend's house.

"We got over there," Smith says, "and she started getting undressed and she started freezing up."

The other girl, Kristen, worked for him at an assisted living facility he owned. He helped her financially, and their relationship lasted several years.

"She paid me back on her schedule," he tells Mong.

The taped conversation draws to a close with Smith saying how things must work: "Everything is cut and dried. No ties."

• • •

In early September, Lakeland police Chief Roger Boatner, Deputy Chief Debra Henson and five other officers met with State Attorney Hill and two assistant state attorneys to inform them that they were investigating an administrator in their office.

They played the tape, which required careful listening because of noise in the restaurant. According to police reports and accounts, Hill worried aloud that Smith may have been entrapped and could lose his pension.

Several officers found Hill's concerns odd, but when Assistant State Attorney Mike Cusick said he thought a crime had been committed, they thought charges would be pressed. Everyone at the meeting agreed to continue surveillance and wire Mong for her date with Smith the next Friday.

But on Friday, Sept. 7, with Mong wired and ready to go, Chief Boatner called off the surveillance. Lower-ranking officers took this as a sign that Smith would be protected.

It was widely known among police and courthouse employees that Jerry Hill and Arley Smith were old friends.

"They went back decades to Eagle Lake when Hill was city attorney and Smith was mayor and on the City Council," said Frank Pernas, who recently retired from the Polk State Attorney's Office. "Their friendship grew over the years — probably because Smith was such an efficient, hard-working guy."

A few days after Boatner stopped the surveillance, Hill's office directed police to confront Smith, ending any possibility of more undercover work. In the interview at Hill's office, which was taped, Smith denied telling Mong she could pay him back with sex. He denied talking about Toni and Kristen. But when police told him they had recorded the Olive Garden conversation, he changed his story and confessed to everything.

"I'm a sucker when it comes to the young kids," he said.

Police expected the confession to result in criminal charges against Smith for setting up a sex-for-money prostitution scheme.

Five weeks later, in mid October, Sam Cardinale, executive director of the Polk State Attorney's Office, wrote Hill a letter recommending that Smith be fired immediately and that a different state attorney's office look at the case.

He was not fired. A month went by, and in mid November, Smith, who made $64,278 a year, resigned with his pension.

Hill wrote the governor and requested that another state attorney's office "handle the matter." The governor assigned it to Hillsborough.

On Feb. 15, Bell and other Lakeland police officers met with Hillsborough Assistant State Attorney Renee Muratti. The prosecutor asked who stopped the second undercover meeting between Mong and Smith. According to Bell, Sgt. Jeff Birdwell told her that Chief Boatner had stopped the investigation.

The next day, Bell asked the sergeant if the chief had said why he stopped the second meeting between Smith and Mong. Bell said Birdwell told him, "The chief didn't want to undermine Jerry Hill by backdooring him."

Deputy Chief Henson from Lakeland wrote e-mails to Boatner and detectives about the discussion with the Hillsborough prosecutor, saying that Muratti "concluded that without the second 'meet' (between Smith and Mong) they were not able to move forward with any criminal charges. & The second (surveillance) meeting was key to the prosecution in their opinion."

Because of this cancellation, Henson continued, Muratti said that "Mr. Smith's case would not move forward and no further charges would be forthcoming."

The Hillsborough State Attorney's Office says the case is "not officially closed" and employees cannot comment. The key players in Lakeland, including Hill and Boatner, say they can't talk while the case remains open.

Which leaves questions unanswered:

• Why did the police chief order his department to stop the surveillance?

• Why would continuing the undercover investigation of Smith "backdoor" Hill?

• With the tape made at the Olive Garden and with Smith's subsequent taped confession, why couldn't he be prosecuted?

Brittney Mong had her own question about the case: "I did something wrong using my parents' credit card and had to face the consequences. Shouldn't Arley Smith have to face the consequences, too?"

Her stepfather Don Bell also had a question: "In Polk County when you see Lady Justice with her blindfold on, is she peeking out to make sure the person in trouble isn't a friend?"

• • •

Reached by phone, Smith said he had no comment.

But Toni Sanchez and Kristen Dees, the two other women he described to Mong, agreed to interviews.

Sanchez said Smith didn't start giving her money until a few weeks after her deferred prosecution program was over, but he still had the authority to help get records of her case expunged. She described him as a "really nice guy — a father figure — who helped with money and advice."

His story about her "freezing up" six years ago was true, she said. When she was 18 and Smith was 58, he took her to his friend's home. She didn't know why they were there until he closed the blinds and lifted her top over her head. But when she stopped him, he backed off. They never had sex, she said, and they're still friends.

"He used to tell me about patting girls at work," said Sanchez, a slim, 5-foot-7 blond. "That's just Arley."

Kristen Dees worked for Smith at a Winter Haven assisted living facility. They had a sexual affair between late 1998 and early 2001. She was 18 when it started, he was 54. "I was young and stupid and not thinking about what was morally right," said Dees, a slim, 5-foot-6 blond.

Besides, she said, she "fell in love" with Smith.

He put her through nursing school and ironed her uniforms. He sent her to Europe for a summer and took her to movies, museums and football games, introducing her to his "more sophisticated" friends.

"Without Arley's help, I'd be a country bumpkin," said Dees.

She said Smith told her about trouble he got into at the courthouse. "There was a girl, 23 — old for Arley — who worked at the courthouse that Arley got involved with," she said. "She made a big stink."

Sandra Hall, who retired a few years ago, worked with Smith. "He loved the young girls," she said. "He'd rub them and pat them and tell them to call him Daddy Arley."

She recalled that when Jerry Hill announced to 75 people that Smith would receive a 20-year service award a few years ago, Hill joked, "Arley Smith, I'm surprised he hasn't had a sexual harassment case against him."

Almost everyone laughed, she said, but now it's not so funny.

Smith was recently named in an Equal Employment Opportunity Commission complaint for workplace sexual harassment. The complainant, the details and the case status are confidential.

Dees said that despite all of his "sexual messes," Smith was "so well liked" that most people at the courthouse overlooked them.

"Including Jerry Hill," she said. "When Arley and I were together, they were good friends. They still are."

Times researcher Caryn Baird contributed to this report. Meg Laughlin can be reached at mlaughlin@sptimes.com.

04-08-2008, 02:46 PM
surprised the ledger didnt run this too

04-08-2008, 04:55 PM
surprised the ledger didnt run this too

I worked for Arley Smith for many years, and stood shoulder to shoulder with him on some deversions, and I know the way he talked. He would joke around, he tried to make people feel comfortable even tho they had committed a crime and were there for a diversion. He would joke around. outside the diversions he would talk more free than some but if he saw that you did not like the way he was talking or acting, then he would respect you and stop. When Arley First ask me to come to work for him, I was trying to make it on my own and raise my kids. He did help me out financially, and I would pay him back when I had the extra money. Never once did he say you HAVE to have sex with me to work the money off. He would joke around about taking it out in trade, but is was joking, I'm sure if someone came back and said that sounded good, then of course he probably went with it. Most probably would. and I heard the Tampon story over and over again myself, but it was not that he was demanding sexual favors, he just simply would say " look, this is what you make and this is what your bills are! What do you want to do with your life?" He encouraged me to go to college and I went for a couple of classes with my own money!!!!!! I NEVER had sex with Arley and never would. My personal thought is those that took Arley up on any sarcasisms or hints... They wanted it.

I know quit a few girls that have been with Arley, and they were just looking for a "Sugar Daddy". I dont think being a sugar daddy constitutes you being a CRIMINAL. Sounds to me like the girl that was wired got everything she wanted, and then when she was caught by mommy and daddy...... someone else had to be the "Bad Person" I have seen Arley from time to time out with his family, and I always stop and give him a hug and briefly chat.

There are those that are Pruds! and there ars some that go beyond what they should at times, and I KNOW that is Arley, but Prosecute him...That is stupid.

04-09-2008, 04:30 AM
surprised the ledger didnt run this too

I worked for Arley Smith for many years, and stood shoulder to shoulder with him on some deversions, and I know the way he talked. He would joke around, he tried to make people feel comfortable even tho they had committed a crime and were there for a diversion. He would joke around. outside the diversions he would talk more free than some but if he saw that you did not like the way he was talking or acting, then he would respect you and stop. When Arley First ask me to come to work for him, I was trying to make it on my own and raise my kids. He did help me out financially, and I would pay him back when I had the extra money. Never once did he say you HAVE to have sex with me to work the money off. He would joke around about taking it out in trade, but is was joking, I'm sure if someone came back and said that sounded good, then of course he probably went with it. Most probably would. and I heard the Tampon story over and over again myself, but it was not that he was demanding sexual favors, he just simply would say " look, this is what you make and this is what your bills are! What do you want to do with your life?" He encouraged me to go to college and I went for a couple of classes with my own money!!!!!! I NEVER had sex with Arley and never would. My personal thought is those that took Arley up on any sarcasisms or hints... They wanted it.

I know quit a few girls that have been with Arley, and they were just looking for a "Sugar Daddy". I dont think being a sugar daddy constitutes you being a CRIMINAL. Sounds to me like the girl that was wired got everything she wanted, and then when she was caught by mommy and daddy...... someone else had to be the "Bad Person" I have seen Arley from time to time out with his family, and I always stop and give him a hug and briefly chat.

There are those that are Pruds! and there ars some that go beyond what they should at times, and I KNOW that is Arley, but Prosecute him...That is stupid.

Yeah why bother, all he did was break the law. He was in an authoritative position over the girl so it seems that would constitute a felony. If it was a cop that did something like this we all know that No Bill Hill would charge them with everything he could and would probably even prosecute the case himself. But since it was his buddy he tried to make it go away. This case is more about how the S.A.O. and L.P.D. administration took actions which effectively halted an ongoing successful investigation. I think that is refered to as perverting justice. Here is a simple ethics question. If a judge is required to recuse their self from a case because they have some aquaintance with an involved party then why would the State Attorney handle a case involving a long time friend. The right thing to do would have been to defer the investigation to a different district's S.A.O., tell them I do not want to be informed about anything until your investigation is complete and keep his mouth shut so there is no chance for the suspect to learn of the investigation.

04-10-2008, 12:59 AM
surprised the ledger didnt run this too

I worked for Arley Smith for many years, and stood shoulder to shoulder with him on some deversions, and I know the way he talked. He would joke around, he tried to make people feel comfortable even tho they had committed a crime and were there for a diversion. He would joke around. outside the diversions he would talk more free than some but if he saw that you did not like the way he was talking or acting, then he would respect you and stop. When Arley First ask me to come to work for him, I was trying to make it on my own and raise my kids. He did help me out financially, and I would pay him back when I had the extra money. Never once did he say you HAVE to have sex with me to work the money off. He would joke around about taking it out in trade, but is was joking, I'm sure if someone came back and said that sounded good, then of course he probably went with it. Most probably would. and I heard the Tampon story over and over again myself, but it was not that he was demanding sexual favors, he just simply would say " look, this is what you make and this is what your bills are! What do you want to do with your life?" He encouraged me to go to college and I went for a couple of classes with my own money!!!!!! I NEVER had sex with Arley and never would. My personal thought is those that took Arley up on any sarcasisms or hints... They wanted it.

I know quit a few girls that have been with Arley, and they were just looking for a "Sugar Daddy". I dont think being a sugar daddy constitutes you being a CRIMINAL. Sounds to me like the girl that was wired got everything she wanted, and then when she was caught by mommy and daddy...... someone else had to be the "Bad Person" I have seen Arley from time to time out with his family, and I always stop and give him a hug and briefly chat.

There are those that are Pruds! and there ars some that go beyond what they should at times, and I KNOW that is Arley, but Prosecute him...That is stupid.

Arley got caught and now it's time to pay. You guys are azzholes to try to peddle the good ole' boy is not a bad person crap. Friend or not he is no better than any other criminal. As a matter of fact he knows better than anyone what the price is, but he as well as a lot of you others justify your actions. He better hope the FBI, FDLE, or the Justice Dept. doesn't launch an investigation. You can peddle that crap you're spewing to someone that'll believe it.

04-13-2008, 01:54 AM
Published: Saturday, April 12, 2008

Questions Swirl Around Investigation
Case against longtime official accused of impropriety generates talk of fairness.

By JASON GEARY
THE LEDGER

BARTOW | An investigation into a former 10th Judicial Circuit State Attorney's official who quit late last year is far from over.

Arley Smith abruptly resigned from the office as director of its pretrial intervention program after an internal investigation and a recommendation that he be fired. He was accused of propositioning a 20-year-old woman who was in a pretrial diversion program.

"It's still a very active and pending investigation," said Pam Bondi, a spokeswoman for the Hillsborough State Attorney's Office, which was assigned by Gov. Charlie Crist to handle the case.

The status of the case recently came into question when the St. Petersburg Times published a story about it. And Bondi's description of its status differs from what sources told the Times.

In The Times story, another Hillsborough assistant state attorney is said to have told Deputy Chief Debra Henson of the Lakeland Police Department that "they were not able to move forward with any criminal charges" against Smith.

The story, published Sunday, reported that Smith, who spent 23 years working for the State Attorney's Office, was caught during an Aug. 31 recorded conversation propositioning 20-year-old Brittany Mong.

Smith began meeting with Mong while she was part of a pretrial intervention program, the story said, and had given her money for a down payment on a car and to pay for traffic accident damages.

Smith told the woman she could pay him back with weekly sex, according to the Times.

The story has generated controversy, in particular whether State Attorney Jerry Hill attempted to help Smith, a longtime friend, and why Lakeland Police Chief Roger Boatner called off plans for recording a second meeting between Smith and Mong.

The Times reported Mong, her stepfather, Don Bell, who is a Lakeland police officer, and others are questioning why Smith has not been arrested.

"In Polk County, when you see Lady Justice with her blindfold on, is she peeking out to make sure the person in trouble isn't a friend?" Bell asked in that article.

But questions are not being answered now as long as the investigation remains open.

Attempts by The Ledger to reach Smith and Mong for their accounts have been unsuccessful. The Bells said they could not talk about the case.

Officials from the Lakeland Police Department and state attorney offices in Bartow and Tampa refused to comment or provide records relating to the open investigation.

Jack Gillen, a police spokesman, said the department could not comment on any aspect of the investigation - not even whether an internal investigation is being conducted on how the Times received documents, e-mails, the taped conversation and other information in an open case.

"We are not going to comment on the Arley Smith case while it is still an ongoing investigation with the Hillsborough County State Attorney's Office," he said.

Bondi said her office does not intend to refer the Smith case to a grand jury to decide whether any charges should be filed. "No, we'll make the decision," she said.

Asked if her office could have a grand jury review the actions of Hill and Boatner to determine whether there was any official misconduct, Bondi said no.

"The scope of our authority in this executive assignment is limited to Arley Smith and Arley Smith alone," Bondi said.

Records show Smith, who was paid $64,278 per year, was placed on paid administrative leave Sept. 11.

After receiving a file on the police investigation, Sam Cardinale, executive director of the State Attorney's Office, spoke with several prosecutors and investigators, an Oct. 12 memorandum states. He recommended Smith be terminated as of Oct. 16.

Smith submitted a letter of resignation on Oct. 15, with his resignation effective Nov. 15, 2007, when his available leave time was used up.

Hill sent a letter to the governor in October requesting that another office take over the investigation, and it was assigned to the Hillsborough County State Attorney's Office.

[ Jason Geary can be reached at jason.geary@theledger.com or 863-802-7536. ]

FAST5-0
05-05-2008, 11:44 PM
[b]WOW...Just another Black EYE!!! YOU GO NO BILL HILL!!!! Your office will crucify a cop, but not one of their own...WOW...Hey is it time for Hill to retire yet?

05-06-2008, 11:24 PM
As police officers we ALL know that Hill is just as much a part of the good ol' boy club as is our admin at the PD (or anywhere else for that matter).

Honestly, I think that Smith (owing to their long friendship) probably had enough dirt on Hill that Hill could not allow charges to be filed on Smith. So Hill protected Smith as long as he could and when it came fully out in the open he deferred the case to another SAO.

Is anyone reallly surprised, I mean really....