Worthy: Smith's father won't impact prosecution

Now that the charges are official there are new questions about how Wayne County Prosecutor Kym Worthy will handle the case against State Senator Virgil Smith.

The last time Smith got in trouble, Worthy asked for outside legal help because of her ties to his father. 

Now that the charges are official there are new questions about how Wayne County Prosecutor Kym Worthy will handle the case against State Senator Virgil Smith.

The last time Smith got in trouble, Worthy asked for outside legal help because of her ties to his father.

That was five years ago when the younger Smith was stopped for allegedly driving drunk. At the time, his father, Virgil Smith Sr., was a chief judge. She told FOX 2's M.L. Elrick that makes things completely different.

"At the time, Judge Smith was the chief judge over the entire third circuit which included the criminal division, the family division, and the civil division," Worthy said. "He is not now and has not been for several years. he is now the presiding judge over the juvenile division in any way so there is no longer a conflict."

He left the chief justice position about a decade ago and she says he'll have no impact on his son's case.

"That was a minor reason, and again he hasn't been here for almost 10 years," Worthy said. "Our major reason for a conflict at that time was the fact that he was a chief judge and was over all of us, over all of the division and that is no longer the case."

Worthy would not discuss any charging decisions. 

In Wayne County, if you're charged with a gun crime you go before a gun board. The board will decide if you can plead down and not go to trial

There are further impacts for Smith's political career which, for now, appears to be on hold.


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