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L/RAIN Temp: 47 °F Wind: ESE at 4 mph Friday, December 13, 2002 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Email Story to a Friend November 28, 2002 Court upholds conviction of child rapist By SARAH LEMON Mail Tribune After three years of waiting to hear the final fate of a convicted child molester, an Ashland family has a true reason to be thankful. The Oregon Court of Appeals on Wednesday upheld the 1999 conviction of Ryan Smith, now 18, who raped and sexually abused seven of Shelley and Phillip Linsday’s 13 children. The appeal was submitted in May last year. Hoping to hear the outcome of the appeal for the past year and a half, Shelley Linsday said she couldn’t have learned the news on a better day. Sitting down before their two Thanksgiving turkeys today, the family will give thanks that the episode is over, she said. "We are just so relieved that now we have some closure and this young man can get the treatment he needs," she said. The Linsday’s next-door neighbor, Smith molested seven of the family’s adopted children — ranging in age at the time from 7 to 12 — at their elementary school and home over a period of two years. The victims all are developmentally delayed or have been diagnosed with behavioral problems. "This case was just really shocking because of how bold the acts were and that it happened to so many kids," said Karen Loomis, deputy district attorney. "One child being sexually abused would just floor a family," Shelley Linsday said. "(Seven) being sexually abused ... We were on our knees." Smith was 14 when he was convicted in February 1999 of a dozen counts of rape, sodomy and sex abuse. The case was tried without a jury before Jackson County Juvenile Court Judge Mark Schiveley. Smith is now incarcerated in the Rogue Valley Youth Correctional Facility in Grants Pass, where he could be held until he is 25, said Debbie Rios, area coordinator for the Oregon Youth Authority. Schiveley initially placed Smith on probation, which required that the boy complete sex offender treatment. However, Smith couldn’t participate in the program because he never admitted that he did anything wrong, said Ken Chapman, a Jackson County juvenile probation officer. Smith’s attorney’s argued that the case was tainted with "red flags" and that police and Shelley Linsday asked the children leading questions during the investigation. "I did what every mother would do. ... I stood by them, and I believed in them," Shelley Linsday said. Prosecutors acknowledged that some of the questions were leading. But because of their disabilities, the kids most likely didn’t have the imagination to invent the abuse, Loomis said, citing conversations with a child psychologist. "They couldn’t be making these things up," she said. Every aspect of Schiveley’s decision was affirmed in the appellate court. The appeal argued that the accusations were uncovered by coercive methods, that the children’s therapist should not have been allowed to testify as an expert witness and that the evidence did not support Schiveley’s ruling. Shelley Linsday should not have been allowed to repeat in court her children’s accusations, the appeal also argued. Schiveley stated in his ruling that he couldn’t find a reason why Shelley Linsday would encourage her children to fabricate stories about Smith. "We had no hard feelings for this family or this boy," Shelley Linsday said. In her work for the North American Council on Adoptive Children, Linsday provides training on the signs of sex abuse, particularly in regard to children with special needs. While she and her husband missed some the signs of abuse, Linsday speaks out so others won’t, she said. More than 20 charges were filed against Smith. He was found not guilty of eight sex-related charges. Two other counts — one of menacing and one of first-degree sex abuse — were dismissed. Smith’s family, who have moved from Ashland to Medford, could not be reached for comment. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright 1997-2002 Mail Tribune. All rights reserved. Privacy Policy webmaster feedback A D V E R T I S E R S