Jury finds former Rochester Police officer charged in rape not guilty on all counts

Randy Smith walks out of the courtroom during a break on Tuesday. (Rochester Voice file photo)

DOVER - Longtime Rochester Police Officer Randy Smith was found not guilty today of one count of aggravated felonious sexual assault and another count of attempted aggravated felonious sexual assault.

Smith, 37, of Misty Lane, Rochester, who opted not to testify in his own defense on Tuesday, had been facing up to 40 years in state prison if found guilty on both counts.

The jury reached its unanimous verdict around 1:50 p.m. and it was announced in Courtroom 2 of Strafford Superior Court a short time later.

The trial centered around the alleged victim in the case who said the rape occurred in 2017 when he was alleged to have forced her to perform a sex act on him, and the attempted rape in March 2019 when he tried to have sex with her on a couch in her Rochester home.

Defense counsel Tom Reid in closing arguments said Smith may have groped her on the couch, but groping didn't rise to the level of attempted rape.

Prosecutor Patricia Conway in closing arguments said the alleged victim told him over and over that she didn't want to have sex in March 2019, but that Smith tried to have sex with her anyway.

Smith was hired by the Rochester Police Department on Nov. 5, 2007, and promoted to Patrol Sergeant in April 2016, however returned to Patrol in 2020 due to personal reasons.
Due to personal reasons (not a demotion and not the result of a personnel matter) he transferred from patrol Sergeant back to Patrol Officer in January 2020, according to a statement from Rochester Police Capt. Todd Pinkham.
Pinkham said they received the criminal complaint against Smith in January of 2020.
"It was immediately apparent that this would lead to a criminal investigation and that we had a conflict," he said. "The Strafford County Attorney was consulted and NHSP Troop A was contacted to investigate the allegation."
Smith was immediately placed on administrative leave (with pay) pending the conclusion of the investigation.
After his August 2020 indictment his certification was suspended by Police Standards and Training, and he was placed on administrative leave without pay in November 2020 pending the outcome of a criminal trial, Pinkham added.
Both Rochester Police Chief Gary Boudreau and Pinkham, the department's public information officer, were not immediately available for comment today.