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Judge denies motion to get DNA test in fatal crash case

A Columbia woman convicted of killing a man in an impaired driving crash is no closer to finding out what actually happened the night of the tragedy after a judge’s ruling Wednesday.

Kelli Smith asked a judge to get her cervical swab taken after the crash tested for DNA, but he denied that motion.

Smith was convicted last month of involuntary manslaughter for driving the wrong way on I-70 and killing a man in 2012.

A main point throughout the jury trial was whether she was given the date rape drug and raped before the crash.

Her father, Jim Smith, said he hoped this motion would give them the proof they needed to get an acquittal.

“We want to know who is responsible for setting in motion what happened the night of February 25,” he said, “We didn’t know there was a vaginal swab until about a week before the trial and of course there was no time at that point to request DNA testing be done.”

Smith’s mother told ABC 17 News she feels like no one is looking into what actually happened to Kelli, causing the crash, and she’s disappointed in the investigation.

In the little time they may have left before Smith is sentenced, the family is taking every opportunity they can to be together, while keeping Thomas Sullivan’s family in their minds.

“We constantly keep them in our prayers…they lost a son, a father, a brother, a husband, and our hearts bleed out for them,” Jim said.

The family said they’ll continue to keep trying to figure out what happened and how to prove it.

“We hope the judge will rule for a retrial and the discussion of the rape and the date rape drug will finally be fully disclosed to the jury and then they can decide based on all of the evidence and the experts and come to what we think is the right conclusion and that is that Kelli is not guilty and should be acquitted,” Jim said.

Smith’s motion for acquittal or a new trial will be taken up on February 4, which is the same day as her sentencing. If denied, she faces between five and 15 years in prison.

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