NASHVILLE, Tenn. (AP) — A federal judge on Monday reduced a prison sentence to probation for a former Tennessee lawmaker whose testimony helped convict the former state House speaker and his onetime aide of public corruption.
Although her cohorts were pardoned by President Donald Trump, Republican Rep. Robin Smith had been slated to report to prison for an eight-month sentence. But U.S. District Judge Eli Richardson in Nashville on Monday reduced it to one year
of probation.
Smith had been instrumental in helping prosecutors secure convictions against Republican ex-House Speaker Glen Casada and his former aide, Cade Cothren who along with Smith created a shadowy company to win taxpayer-funded work to send mailings to constituents; she had cut a deal with prosecutors to cooperate in the trial and testify about the scheme.
But about two weeks after Smith was sentenced in late October, Trump pardoned Casada and Cothren, sparing them time behind bars. In September, the judge sentenced Casada to three years in prison and Cothren to 2 1/2 years.
Smith's attorneys had asked the judge to reduce her sentence to probation, saying it would be a “manifest injustice” if she alone went to prison for “collective criminal activity” alongside Casada and Cothren. The U.S. Attorney's Office also favored a change to probation in the case's “narrow circumstances,” saying it “has not identified another federal case in which a testifying conspirator reported to prison after an equally culpable conspirator was pardoned.”
Smith's attorney also had noted in court filings that he is seeking a presidential pardon for her.
The judge’s reason for changing Smith’s sentence was filed under seal.
The corruption trial involved activities while Casada was a lawmaker but after he had resigned as speaker in 2019 following a no-confidence vote by fellow Republicans due to swirling scandals. Cothren had stepped down in 2019 from his job amid allegations.
Government prosecutors said that Cothren launched a company called Phoenix Solutions with the knowledge and support of Casada and Smith. The three claimed the company was run by a “Matthew Phoenix," and the companies controlled by Casada and Smith received roughly $52,000 in taxpayer money in 2020 from a program used by lawmakers to send mailings to constituents.
A “Matthew Phoenix” signature ended up on an IRS tax document. The goal was to use the state-funded work to launch into more lucrative business opportunities, according to prosecutors.
During the trial last year, defense attorneys tried to portray Smith as untrustworthy and driven by hopes for a lenient sentence.
Smith testified at the trial that the goal of the scheme was to hide who was behind Phoenix Solutions due to the “radioactive” scandal that pushed Casada and Cothren out of power.
Smith pleaded guilty to one count of honest services wire fraud. A jury found Casada and Cothren guilty of various charges, including use of a fictitious name to carry out fraud, honest services wire fraud and money laundering.
Smith, a former county and state GOP leader, was elected to the state House in 2018 to represent part of Hamilton County. She resigned her seat in early 2022 amid her plea deal.
