DOUGLAS — Nearly two months after he fled to California while skipping his arraignment on dozens of child sex abuse and exploitation charges, John C. Smallbone was finally in a Converse County courtroom Tuesday afternoon for his plea hearing.
Showing little emotion, the 38-year-old sat shackled at the ankles and wrists next to his court-appointed public defender in jail-issued orange scrubs with a long-sleeved off-white shirt underneath and orange Crocs.
It took Converse County District Court Judge F. Scott Peasley 20 full minutes to read through the 80 charges Smallbone faces, asking each time if he understood the individual charges against him.
“Yes, your honor,” Smallbone answered matter-of-factly dozens of times.
Those charges range from first-degree attempted sexual of a minor to voyeurism to possessing child pornography relating to eight underage girls ages 12-14, with many of the actions alleged to have happened in Smallbone’s home.
When Peasley finally asked how Smallbone pleads to the charges, his public defender, Denny Harts answered: “He’ll be entering a plea of not guilty to all counts.”
That was followed by Smallbone also stating, “Not guilty,” which drew some mumbled reactions from the estimated 50 people packed into the courtroom behind the prosecutor’s side of the room.
As to his bond, which was reset at $1 million cash-only after he failed to show up for his first scheduled arraignment on July 28, Converse County Deputy Attorney Nathan Shumway argued to keep the bond at that level, which Harts called “excessive and extreme.”
By failing to show after the last time he posted an “excessive and extreme” $250,000 bond, Shumway said it’s an understatement to classify Smallbone as a flight risk.
“Mr. Smallbone has already shown an unwillingness to come to court,” he said.
With his pleas of not guilty, a trial within 180 days will be set, the judge said.
About That $250K Bond
Along with finally pleading to the now-80 criminal charges against him — 79 felonies and 1 misdemeanor for allegedly possessing marijuana — judge Peasley finally decided what to do with that $250,000 in cash a family friend put up to bond Smallbone out of jail in the first place in June.
Shumway argued to forfeit the entire $250,000, saying the family friend who put up the cash knew the risks that the money could disappear if he fled — which is just what happened.
“This was an unusually large bond for Converse County,” the prosecutor said, adding the poster of the bond knew the consequences.
The Colorado woman who put up the money for Smallbone’s bond was also at court Tuesday, testifying that she was a longtime friend of his wife and that she and her husband dipped into their retirement to help the Smallbones out.
“My husband and I decided to post bond for John Smallbone because his wife … has been a friend since (she was in) second grade,” the woman told the judge.
“We took the bond money out of our life savings and need it back,” she continued. “We trusted John and (his wife) completely.”
Harts also argued to return the money — minus the nearly $4,000 Converse County had to spend to track down Smallbone in California and transport him back to Wyoming.
However, he also acknowledged that his client put the court and family friend in a bad spot regarding the $250,000.
In the end, the judge noted the merit behind the state’s argument to forfeit the whole amount, but ultimately ordered $20,000 of the bond forfeit while $230,000 will be returned to the Colorado couple.
In a third action in the case Tuesday, Peasley denied a motion from the public defender’s office to withdraw from representing Smallbone.
The Charges
Amended charges against Smallbone now total 80, up from the 72 he faced when he first failed to show to his first arraignment in late July.
They break down as:
• 1 count of attempted first-degree sexual abuse of a minor, punishable by 25-50 years in prison.
• 61 counts of sexual exploitation of children, punishable by 5-12 years in prison.
• 17 counts of felony voyeurism, punishable by up to 10 years in prison.
• 1 misdemeanor charge of possession of marijuana, punishable by up to a year in jail.
In the case of convictions on all charges and given the maximum sentence for each ordered to be served consecutively, Smallbone faces the potential of 301-783 years behind bars.
How He Got To This Point
Smallbone was released from the Converse County Detention Center on June 24 when $250,000 in cash was walked into the jail to post his bond.
Less than a month later on July 22, he was arrested in Colorado on a fugitive warrant, then was allowed to go free by a Fort Collins magistrate the next day on a personal recognizance bond instead of being held for Wyoming authorities to come get him.
The only condition of his release at that time was that he show up for his scheduled arraignment in Wyoming six days later.
Then he no-showed that July 28 hearing, but was caught less than four hours later in California.
“I cannot recall in my entire 36-year career getting a bond of that size posted, let alone someone absconding after it,” Converse County Undersheriff Chris Walsh told Cowboy State Daily at the time.
Contact Greg Johnson at greg@cowboystatedaily.com
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