It's one thing to say someone is innocent until proven guilty - but in the political world where optics can trump guilt or innocent, Senator Smith has already taken some hits.
After the story broke, state senators returned to town on Tuesday. It was the first time the news media could seek reaction to the mess their colleague found himself in.
First the speculation. Would Mr. Smith show up for work?
Answer: His office was locked. His car was not in the capitol parking lot and when they took attendance Tuesday morning, he was the only no-show. There were obvious concerns that if he attended session there would be a "media circus", so the senator was advised to lay low and nobody knows if and when he will show up on the senate floor.
The senate GOP leader Arlan Meekhof took the first step to tap down the story by advising his Republican colleagues not to avoid the media like the plague. Later, through, an aide suggested maybe the senator should consider stepping down.
Senate Democrats talked about it, too, behind closed doors but minority leader Jim Ananich was a stand-up guy and granted an interview. He seemed to reflect the sentiment on both sides of the aisle; he would not be stampeded to make a rush judgement on his fellow Democrat. Everyone acknowledged that all the facts where not in, and this was at the moment a classic "he said, she said" story that was not going away anytime soon.
This let's-not-rush-into-anything changed for Mr. Ananich when Wayne County Prosecutor Kim Worthy unloaded on Mr. Smith. Felonious assault; malicious destruction of personal property; domestic violence assault/battery; and felony firearm charges.
Once Mr. Ananich heard that he took swift action. Without asking for a vote from his 10 colleagues, he removed Mr. Smith from his five committee assignments and took away his caucus leadership post. The leader said he wanted to make sure the citizens in the 4th senate district had effective leadership but removing their senator from those committees meant they would have no representation.
Why the change of heart?
The Flint Democrat explains he wanted to place Democrats on those five committees since it was unclear if Senator Smith would ever show up. "He needs to focus on his legal challenges," Mr. Ananich advised his colleague. "I'm hopeful he gets the counseling help that he needs and this legal matter gets dealt with..."
Hours later, word reached the media that the senate D leader had thought about calling for an expulsion hearing within two weeks. "Everything is on the table, but we are early in the process," he explains. He quickly knocked down as "untrue" the speculation that he would order the ouster hearing.
At least one legal source confides that is the right strategy. No one in the legislature is fond of voting a colleague out of office. They have done it, to be sure, but it's an ugly process but by holding off on a hearing, it's possible senators may be taken off the hook by the prosecutor. There's speculation that she may work a plea bargain with the senator and resignation could be part of that deal. There's no way to confirm any of this but in the past, as in the example of former Sen. Joe Mack, that's exactly what came down.
There's also some speculation about a new state law, the Kwame law named after you know who. If a public official is convicted of a crime, but was not acting as a public official at the time, explosion could be avoided.
At this read, no additional action appears to be in the offing as the legal process unfolds. Of course, all that would dramatically change for senators, if their former colleague decides to show-up for work. Then what?
It's a good bet they are hoping that never happens.