Defense attorney for Florida Deputy charged in airman’s death is a former lawmaker, prosecutor

Image via AP. (2011)

The defense attorney for a Deputy charged with fatally shooting a Black U.S. Air Force senior airman in Florida’s Panhandle is a well-known litigator with decades of experience, as well as a former prosecutor and state lawmaker who unsuccessfully ran for Governor.

Attorney Rod Smith’s legal career includes his team’s prosecution in the 1990s of serial killer Danny Rolling, whose murders of five college students terrorized Gainesville, which is home to the University of Florida, and where Smith was state attorney.

Rolling pleaded guilty to the murders, and his sentencing trial was televised on Court TV. Smith argued that Rolling deserved to be executed, telling jurors, “If these crimes do not justify the death penalty, it defies imagination what kind of crimes would have to exist to justify such a recommendation.”

Rolling was executed in 2006.

Smith, a Democrat, was elected to the Florida Senate in 2000 and served a district covering metro Gainesville for six years. He ran in 2006 to be the Democratic nominee in the Florida Governor’s race but lost the nomination to U.S. Rep. Jim Davis who went on to be defeated by then-Republican Charlie Crist.

Four years later, Smith was picked by Democratic gubernatorial nominee Alex Sink to run on her ticket as a Lieutenant Governor candidate. They lost to Republican Rick Scott and his running mate, Jennifer Carroll. Smith also served for three years starting in 2010 as Chairman of the Florida Democratic Party.

A Judge on Tuesday denied bond for Smith’s client, former Okaloosa County deputy Eddie Duran, 38, who was charged with manslaughter with a firearm in the May 3 shooting death of 23-year-old Roger Fortson. The rare charge against a Florida law enforcement officer is a first-degree felony punishable by up to 30 years in prison.

Smith came to the case as part of the legal team for the Florida Deputy Sheriffs Association, a not-for-profit association that offers benefits and services to deputies, he said in a phone interview Tuesday afternoon.

Smith said he and other defense attorneys disagree with the state about charging Duran with a crime.

“I would say that we reviewed the case and we believe the case is one in which we disagree with the state and we will proceed from that point and let the judge and jury make that decision,” Smith said. “We believe everyone is entitled to a good defense, and we are going to give him a good defense.”

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Republished with permission of The Associated Press.