An Atlanta judge could decide soon whether a Bibb County man who was convicted of raping a nanny in a north Macon home in May 2008 could get a new trial.
In May 2011, 48-year-old Rudolph Valentino Smith was sentenced to four consecutive life sentences plus 20 additional years on five counts that included rape, burglary and kidnapping.
Bibb County Sheriff's office says Smith worked for a company that cleaned the north Macon home. Deputies say he asked to come inside to use the telephone. They said when the nanny let him in, Smith struck her, threatened to kill her and raped her.
Smith's attorney Rocky Adams says he asked for a continuance because he wasn't able to get the funding to bring in his DNA expert to testify.
"The state's evidence relied very highly on a DNA test that linked my client to the crime and our DNA expert was going to come in and point out some of the flaws and the errors that were wrong with that DNA," said Adams.
Judge William Ray who came from Atlanta, said that he will have both the District Attorney's Office and Adams send in written arguments over whether a new trial should be granted for Smith in two weeks. Then Ray will make a decision.