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Burglar sentenced after tumor defense fails By DANI DODGE Mail Tribune A man who broke into his neighbor's house and crawled into her bed - then blamed it on a brain tumor - has a new bed now: a bunk at the state penitentiary. On Wednesday, Jackson County Circuit Court Judge Patricia Crain sentenced Stephen Henry Smith, 59, of Eagle Point, to 17 months in prison for first-degree burglary. Additionally he was sentenced to one year in jail for stalking and attempted second-degree sexual abuse. At his trial in January, Crain ruled that Smith's claim of "mental defect" wasn't substantiated by the evidence, but when asked if he had anything to say at his sentencing, Smith continued to blame the tumor. "I'm sorry I had cancer, and I'm sorry I had delusions, and I'm sorry I was really bad," Smith said. Smith's tumor was removed after he was incarcerated - costing taxpayers more than $190,000 in medical bills and overtime. On April 6, 2001, Smith entered his neighbor's home early in the morning after her husband left for work. He went to her bedroom, dropped his pants, took off his shirt and crawled into bed with the 29-year-old. He told her "I want you." Realizing the man wasn't her husband, she jumped out of bed screaming before he could touch her. Before the incident, Smith had dropped by the couple's home uninvited several times and was told to leave and not return. Before 2000, Smith's only trouble with the law was for a 1992 drunken driving conviction. But since then Smith was arrested again for drunken driving and also had a restraining order and an anti-stalking order filed against him, according to court records. During the trial, Smith's family testified that Smith was hearing voices before the April incident. Smith testified the radio told him to go to the neighbor's home. At the sentencing, Smith's attorney, Andy Vandergaw, asked Crain to release Smith. He pointed out that Smith has already served more than a year in jail and with time off for good behavior he probably wouldn't be in prison for more than two-and-a-half or three months. "It would be much more appropriate to put him on optional probation," Vandergaw said, adding that by doing that the judge could order sexual offender treatment. But Deputy District Attorney Tim Barnack noted that the victim is terrified of Smith. He added that he believes Smith will commit more crimes after release. "I haven't had any cases in my six years in this line of work where a stranger got into another stranger's bed and wanted to have sex with her," Barnack said. "That's a dangerous person. "He doesn't need to get out of jail, period. He should stay there as long as possible." Although the judge recognized Smith's life had been relatively crime-free for many years, she still sentenced him to prison. In response to Vandergaw's comments, she added that prison officials can order sex offender treatment for Smith and they also would determine exactly how long Smith remains in prison. "You don't strike me as a person with a great deal of remorse, but instead that your brain tumor made you act that way," she said. "The problem is that I don't think you see women as people, but as objects. Although it may have been influenced somewhat from the tumor, you wouldn't have acted this way if you saw women as people. "Even now you haven't apologized to (the victim.)" But the victim did get her apology. With tears in her eyes, Smith's daughter, Stephanie Smith, approached the victim after sentencing. "I'm sorry for what happened," Stephanie Smith said. "And I know my father is sorry, too." The victim thanked Smith for her thoughtfulness. The victim said the incident continues to haunt her. "Now I fear being in my own house, I have trouble taking a shower," she said. "I look at people every day, but I don't look at them the same as I did before, especially men. I have a fear I didn't have before. "He took away my privacy and security." And she fears the day he is released from prison - even though she has an anti-stalking order. "He did it before and a stalking order doesn't mean it will stop him," she said. "But I've got a killer dog now." Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.