December 21, 2012

Attorney General Joseph Biden, III
Carvel State Office Building
820 N. French Street
Wilmington, DE 19801

Dear A.G. Biden,

I write to you today with great concern for the abhorrent behavior displayed by your agency toward a mutual constituent, Gordon Smith. Need I remind you, sir, that Mr. Smith was facing numerous domestic violence charges (24 to be exact) that were just recently dismissed due to the finding that the alleged victim was falsely reporting each of the incidents, to which Mr. Gordon was subsequently arrested. My concern is that the Attorney General’s office seems that they are patting themselves on the back for releasing Mr. Smith from these charges; however, Mr. Smith continues to be the victim in these cases.

Why? Because of these outlandish charges, which again were proven to be false, Mr. Smith was terminated from gainful employment. The simple dismissal of charges does not assist Mr. Smith in picking up the fractured pieces of his life because he is currently unable to find a job. Those charges remain on Mr. Smith’s record, to which he is obligated to disclose. When Mr. Smith tried to address this matter he was met with a rather inappropriate response that he would have to file to have those charges expunged. This is frankly unacceptable; may I remind you that Mr. Smith is unemployed due to the actions of his accuser. Those charges were proven to be false, the Attorney General’s office is paralyzed as to what to do regarding the defendant of those false reports, and feels vindicated by simply dismissing Mr. Smith’s charges? Attorney General Biden, Mr. Smith need not continue to be the actual victim here. The State should see to it that all the charges against Mr. Smith be expunged from his record at its own expense, especially in light of the State’s acknowledgement that each of those charges was unfounded and falsely reported. Let us not continue to see this matter swept under the rug.

Due to the reckless behavior of Mr. Smith’s accuser the State has expended an extraordinarily large amount of taxpayers’ dollars to which end? To continue to victimize the one that was actually found to

be innocent and to protect the one that was found to be falsely expending the State’s money? This is not appropriate and the math, sir, does not add up. Chapter 5, subsection 1245, Title 11 of Delaware Code clearly establishes that “…Falsely reporting an incident is a class A misdemeanor…In addition to the penalties otherwise authorized by law, any person convicted of an offense in violation of this section shall pay a fine of not less than $500…which fine cannot be suspended and be sentenced to perform a minimum of 100 hours of community service, and shall be required to reimburse the State, or other responding or other investigation governmental agency, for any expenses expended in the investigation and/or response to the incident falsely reported.” Where is the justice for Mr. Smith to allow these charges to continue to exist on his record and no penalty is sought against the accuser?

I anticipate a speedy review of this matter and look forward to your immediate response.

Sincerely,

David G. Lawson, Senator 15th District

Cc:
Governor Jack Markell
Chief Judge Chandlee J. Kuhn
Superintendent Nathaniel McQueen, DSP