Smith was found guilty Nov. 7, 2007. He was sentenced to 13 years in prison and 12 years probation.

Smith’s Appeal and Family’s Argument

Following the conviction, Smith began to work on his appeal. A motion for a new trial was filed and Smith obtained a new lawyer, Attorney Linnie Darden of Jones, Osteen and Jones in Hinesville.

In Darden’s opinion, Smith was never given fair treatment after he was arrested. He argues that Smith’s previous attorney did not handle the case in an effective manner and failed to defend Smith to the best of his ability. In addition, Darden contends that the prosecution failed to prove that the messages sent to the decoy actually came from Smith, particularly since the username could not be linked to him.

Darden also criticizes the procedure used by Perverted-Justice to secure sexual predators, comparing it to a form of entrapment.

“Because the decoy was not, in fact, 15, then there were no actual minors in this case,” Darden said. “Most of it is make believe. Therefore, one can’t accuse someone of being the real deal if the person on the other end is posing as someone she is not. What we have is a man who has never shown any kind of pedophilic behavior in the past and is now unjustly being labeled a predator.”

Additionally, Darden questions whether Smith received a fair trial since he was tried in Dalton County rather than Harris County.

“The demographics in Dalton County were not at all similar to those of the county in which the alleged crime was committed,” Darden said. “Also, there were no black jurors on the panel and only one black person in the jury pool.”

One of Darden’s final arguments is that Smith received more prison time than any of the other men convicted as a result of the sting operation. The average sentence of the others arrested was two to six years imprisonment, with some to be released as early as this year.

Smith’s family has been protesting against his imprisonment since he was convicted. In December, his parents, Pastor Marvin H. Smith, Sr. and Minister Earnestine Smith sent the following letter to several community leaders and officials in Berrien County and other parts of the state:

“On behalf of a mother and father, we cry out for justice for our son. This past year has been the most difficult in our lives. In July 2006, the world bared witness to our son and several other men who arrived at a house for Dateline’s show, To Catch a Predator. The images portrayed were of heartless criminals that prey on the minds of innocent children. But we, the families left behind in the wake of this madness, want to share the true character and integrity that Perverted-Justice and the media failed to mention. For our son, Marvin, and many others, this was the first offense committed for any reason. His criminal background was perfect except for this one occurrence, where that seemed not to have mattered to the justice system. He has lived a productive life in society, working full-time as a restaurant manager for a well-known establishment. He also served in the United States Navy as a dental technician stationed aboard the aircraft carrier U.S.S. George Washington, where he received numerous awards of prestigious honor. Marvin is a family man, a mentor to others, a brother, a neighbor, co-worker and friend. For Marvin, he had no choice in his fate. Unlike for many congressmen and senators, he was not given the chance at rehabilitation. There are many different rehabilitation support centers across the globe that address individual need for alcoholism, drug abuse, gambling, addiction, obesity, kleptomaniacs, smoking and hoarders. How is it that America proclaims to be the Land of the Free and the Home of the Brave where there is Equality and Justice for All; however there is no justice for Marvin and many others in his situation?”

In addition to the letter, Smith’s parents and sister, Michelle Baker, organized a rally in Alapaha for Smith’s supporters, which was held last month. More than 100 people, which included family, friends and colleagues, assembled at the rally.

Smith’s conviction and sentence is the hardest for his mother, Earnestine.

“We have murderers who don’t get the type of treatment my son has gotten,” Earnestine said. “Because he wanted to fight for his freedom, they made him pay by giving him the maximum sentence, while the other men captured received much less punishment. Now he sits in a maximum security prison with murderers and repeat offenders, while the others are in prisons with less dangerous environments.”