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Escaped Convict Recaptured After 38 Years
Associated Press ^ | May 20, 2006 | DON THOMPSON

Posted on 05/20/2006 5:20:08 AM PDT by decimon

SACRAMENTO, Calif. - After 38 years, Michael Robert Smith figured no one was looking for him anymore. He escaped from prison on June 7, 1968, while serving time for a robbery conviction, then headed to Nevada, then New Jersey and into a marriage that didn't work out. Finally, five years ago, Smith moved to a tiny trailer in a heavily wooded area of Creek County, Okla. It turned out the California Department of Corrections was still on his trail.

Authorities found him Thursday, his clothes paint-splattered from one of the few jobs he could hold without a driver's license or other identification.

"He looked at the ground a little bit, then he looked up and said, `Yeah, that's me,'" Creek County Sheriff's Detective Les Ruhman said Friday. "He didn't dream people would be looking for him for so long."

The case had long grown cold until December 2003, when Judy Foster, a special agent at the California corrections department who found another escaped convict in 2004, reopened the investigation.

Smith's family and friends all denied knowing where he had gone, but Foster eventually discovered that Smith was using the his mother's maiden name - Gallion - and living outside Sapulpa, 13 miles southwest of Tulsa.

"The truth is, we never stop looking for these people," said department spokeswoman Terry Thornton. She refused to explain how Foster found the men, saying she didn't want to tip off future escaped convicts.

A department report says 21 inmates escaped from prisons and camps last year, and 20 from community programs. Of those, 31 had been recaptured, the report said.

Smith's case was unusual because he escaped from a prison, while most escaped convicts walk away from a work camp or community program, said department spokeswoman Elaine Jennings.

Smith, now 63, is being held without bond and likely will be shipped back to California within 10 days, after an extradition hearing.

He had served three years of a five years-to-life sentence at the Correctional Training Facility in Soledad, 67 miles southeast of San Jose.

"It's just amazing he made it all these years and never had a run-in with the law," Ruhman said.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: California; US: Oklahoma
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If there's nothing else to be held against this guy then I'd give him probation.
1 posted on 05/20/2006 5:20:09 AM PDT by decimon
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To: decimon

Isn't the statute of limitations, 7 years, for most everything except murder?


2 posted on 05/20/2006 5:25:50 AM PDT by butternut_squash_bisque (.)
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To: decimon

Living in a trailer park with the constant threat of tornados is punishment enough.


3 posted on 05/20/2006 5:26:00 AM PDT by garyhope
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To: decimon

"She refused to explain how Foster found the men, saying she didn't want to tip off future escaped convicts."

I think that should call for a hearing and investigation and disclosure of what they're doing at the California corrections department.


4 posted on 05/20/2006 5:26:29 AM PDT by nuconvert ([there's a lot of bad people in the pistachio business])
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To: decimon

P.S. And have you ever been to Soledad? No wonder he left.


5 posted on 05/20/2006 5:27:53 AM PDT by garyhope
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To: decimon
If there's nothing else to be held against this guy then I'd give him probation.

I reluctantly agree. He obviously isn't a threat to the community and he seems to have shown that. There are plenty of people running free right now who need to occupy a jail cell much more than this guy.

Probation wouldn't be letting him off scot-free.

6 posted on 05/20/2006 5:29:46 AM PDT by Drew68
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To: nuconvert

Yeah, where's the ACLU supporting the rights of jail breakers? Put him on the Hillary! campaign staff.


7 posted on 05/20/2006 5:29:53 AM PDT by Paladin2 (If the political indictment's from Fitz, the jury always acquits.)
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To: butternut_squash_bisque

The statute only holds if you haven't already been convicted of a crime.


8 posted on 05/20/2006 5:31:04 AM PDT by Mariposaman
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To: decimon

The huge un-answered question in the aritcle is what he was in prison for. His original sentence was 5 years to life. They don't throw out "life" sentences for jaywalking. Giving him probation is the moral equivalent of giving amnesty to illegal aliens.


9 posted on 05/20/2006 5:32:19 AM PDT by contemplator (Capitalism gets no Rock Concerts)
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To: butternut_squash_bisque
Isn't the statute of limitations, 7 years, for most everything except murder?

Not a lawyer, but... He was caught and convicted within the statute time period. I escaping, he committed a second crime for which, I think, there is no statute of limitations.

Nonetheless, with nothing to go by but this news article, he seems no threat to repeat his crimes so I would would put him on probation.

10 posted on 05/20/2006 5:32:28 AM PDT by decimon
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To: butternut_squash_bisque

The Statute of Limitations stops when you've been indicted, even in absentia or "john doe." IIRC that is.


11 posted on 05/20/2006 5:33:52 AM PDT by PLMerite ("Unarmed, one can only flee from Evil. But Evil isn't overcome by fleeing from it." Jeff Cooper)
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To: garyhope
P.S. And have you ever been to Soledad?

No. I've not always been a saint but I am prison averse.

12 posted on 05/20/2006 5:34:43 AM PDT by decimon
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To: contemplator
The huge un-answered question in the aritcle is what he was in prison for.

Agreed. No suggestion, in the news article, of violence against persons to warrant that "...to life" part.

13 posted on 05/20/2006 5:37:14 AM PDT by decimon
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To: decimon

I think it was for robbery.


14 posted on 05/20/2006 5:45:31 AM PDT by babydoll22 (If you stop growing as a person you live in your own private hell.)
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To: PLMerite; decimon

Thanks for the clarity.


15 posted on 05/20/2006 5:46:02 AM PDT by butternut_squash_bisque (.)
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To: decimon

Maybe they could grant him "not amnesty." Restore full citizenship, grant him social security benefits, offer him some incentives to blend in with society, etc. Or is that just for a different type of lawbreaker.


16 posted on 05/20/2006 6:02:52 AM PDT by FreePaul
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To: decimon

What a numb nut. This guy should have worked on a Spanish accent and claimed he was an illegal. He could have moved to CA and fit right in. Just one of millions. My name ees Jose Jimenez!


17 posted on 05/20/2006 6:13:53 AM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: decimon

Meanwhile, 12~20M alien law-breakers roam the country freely and the President wants to grant them Amnesty that's not Amnesty.


18 posted on 05/20/2006 6:17:24 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: decimon

Read through all the replies. I'm still trying to form a reasonable opinion about what to do with this guy. Yes, he escaped prison. Yes, he was in prison for armed robbery, but went 38 years without further breaking the law.

The court system is a punitive system, but I cannot see how sticking him back in prison is going to do him or society(taxpayers) any good.


19 posted on 05/20/2006 6:38:56 AM PDT by TheSpottedOwl (If you don't understand the word "Illegal", then the public school system has failed you.)
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To: TheSpottedOwl

The article mentions robbery but not armed robbery. But considering his sentence, that is a good assumption.


20 posted on 05/20/2006 6:48:30 AM PDT by decimon
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