Man convicted in 2014 rape of jogger asks for new trial
Convicted rapist Diontae Smartt is asking for a new trial.
Smartt was sentenced earlier this year to eight years in prison for the 2014 rape of a male jogger.
A motion for a new trial and judgment of acquittal was made on June 28.
According to the motion, Smartt is making this request because he feels:
- The Trial Court erred by failing to adhere to the Rule of Completeness by allowing only a portion of the Defendant's video and audio statement to the police be played for the jury after the State opened the door thereby prejudicing the Defendant and not allowing the jury to view or hear the complete statement in context
- The Trial Court erred by failing to give a Self-Defense instruction to the jury for consideration during deliberations.
- The Trial Court erred in failing to exercise the role of the 13th Juror and set aside the jury's verdict.
- The evidence was insufficient to support the conviction.
This is a developing story.