photo by: Mackenzie Clark

The Douglas County Judicial and Law Enforcement Center, which houses Douglas County District Court and a number of other criminal justice services at 111 E. 11th St., is pictured April 8, 2020.

Charges in Douglas County District Court that accused a Lawrence man of molesting a 5-year-old have been dismissed after his attorney challenged evidence in the case.

Defense attorney Hatem Chahine told the Journal-World he believes his client — Christopher M. Smith, 39 — was wrongly accused and evidence suggests another person may have committed the alleged crimes.

“I really believe he was innocent of these charges,” Chahine said of Smith.

Smith was facing two counts of aggravated indecent liberties with a child under the age of 14, which are off-grid felonies and could both result in a sentence of life in prison without the possibility of parole for 25 years.

After a preliminary hearing in July, Smith was bound over on the two charges and was scheduled to stand trial in December. According to an amended complaint, he was accused of allegedly engaging in lewd fondling or touching of a person under the age of 14 with the intent to arouse or satisfy sexual desires between January and April 2021.

However, the Douglas County District Attorney’s Office filed a motion to dismiss the case late Tuesday and listed “insufficient evidence” as the reason, according to court records provided to the Journal-World. Judge Amy Hanley then approved the dismissal Wednesday morning. The charges were dismissed without prejudice, meaning the DA’s office could refile charges in the case.

Chahine said he believed the charges were dismissed after he challenged evidence in the case that appears to show the wrong person was being accused of the crimes.

He said he brought up concerns about evidence in the case earlier this week after he reviewed the transcript of an interview an investigator had with the allegedly abused child. Chahine said he noticed the child never used Smith’s name during the interview and instead appeared to use a name of a different individual.

Chahine brought up the discrepancy with the child’s mother and a Lawrence Police Department officer who investigated the case, he said. Then on Tuesday, the DA’s office filed a motion to dismiss the case.

A spokeswoman for the DA’s office declined to comment on the case.

Smith was released from Douglas County Jail custody sometime on Wednesday. He had been in custody since he was originally arrested on the charges on May 20. Chahine said Smith was emotional after the case was dismissed, noting Smith has maintained his innocence.

The Journal-World previously filed a request for the affidavit supporting Smith’s arrest, but its release was denied by the court. In that order, Judge Hanley cited a state law that allows affidavits to be sealed to protect the privacy and emotional well-being of victims who are minors.