2nd deadlocked jury in sex abuse trial of ex-FCI Dublin correctional officer 'Dirty Dick'

OAKLAND, Calif. - A federal jury on Wednesday was deadlocked for the second time in the sex abuse trial of a former correctional officer at the now-closed FCI Dublin prison. 

Deadlocked jury, again

Jurors, who had been deliberating since Sept. 18, could not find unanimity in finding Darrell Wayne "Dirty Dick" Smith guilty of 14 counts of sexual abuse related to four incarcerated women when he worked as an officer there from 2019 to 2021. 

This was Smith's second trial, which began on Sept. 2. 

Smith faced a trial on similar charges in March, but a jury deadlocked in that case, too. 

One juror from the first trial later told the East Bay Times that they didn't believe some of the incarcerated women who testified against him, believing that they were motivated by money.

KTVU was not present in court on Wednesday when the current jury was polled and was unable to hear the reasoning for the deadlock. A court observer who was there said some of the male jurors were crying. 

Michelle Lo, a spokesperson for the U.S. Attorney's Office of Northern California, thanked the jury for their service but would not comment on whether they would retry Smith for a third time. Technically, the government can pursue a case as many times as it wants, though prosecutors must weigh the financial and emotional cost of retrying a case over and over again. 

Women testified about abuse 

In this trial, just like the last, women testified that Smith locked one of them in a hot water room until she flashed him her breasts before he let her out, fingered another woman in a shower, and, in another case, entered a woman's cell before pinning her against the wall and digitally penetrating her anus. 

Attorney Deborah Golden, who represents 50 sex abuse survivors from FCI Dublin, told KTVU after the verdict that there "are many fronts in the fight for the survivors of the mass sexual abuse that took place at FCI Dublin. While I am disappointed that the jury couldn't reach unanimity, my office is not going to stop working on behalf of our clients to pursue every available avenue for justice."

Of these survivors, at least nine of these women reported being abused by Smith, Golden said. 

A.L., a formerly incarcerated woman at FCI Dublin who testified in Smith's first trial as a corroborating witness, said "this is a complete fail of our justice system."

"I think having jurors who do not understand the prison system trying this case makes it nearly impossible for it to be tried fairly," A.L. said. "There are so many victims and witnesses, and corroborating evidence. it should be nearly impossible to not believe at least one of the accusers of the 14 counts in this case. It is extremely disappointing for all the survivors." 

Defense argued no evidence

Defense attorneys at both trials argued there is no DNA, forensic evidence, no surveillance video and no diaries to prove what the government was saying.

Differences with this trial

There were a few differences with this second trial: Some observers said the assistant U.S. attorneys seemed more impassioned about presenting their case, organized the evidence for the jury better, and were more pointed during their cross-examination questioning.

Another new element in this second trial was that Smith's wife testified on his behalf, which she did not do during the first trial.

Finances in question

During her limited testimony related mostly to finances, it was revealed that she and Smith owned at least 13 properties, even though her husband filled out a form that he owned nothing, which paved the way for him to get legal representation paid for by the court.

During an evidentiary hearing on Tuesday, which the jury did not listen to as they were deliberating, testimony showed that the Smiths filed for divorce a day before he was arrested by the FBI in 2023, according to court observers. 

U.S. District Court Judge Yvonne Gonzalez Rogers wanted a full accounting of the Smiths' assets, which includes a house that appears to be valued at $500,000. 

At the hearing, the defense attorneys, Naomi Chung and Joanna Sheridan, then asked the judge to seal the couple's financial records, and the prosecution didn't argue otherwise, so more information was not publicly available. 

As of Wednesday, the resolution of these finances has not been resolved. 

Nine other former FCI Dublin correctional officers, including the warden, have all been found guilty. 

Although he proclaimed his innocence outside court to a KTVU photographer, Smith did not take the stand during either trial.