Arrest made in year-old rape

By Nick Otto

Published: April 11, 2008

Prince William County police have made a second arrest in a year-old rape of a 13-year-old girl with the help of DNA taken from the victim's clothing.

On Tuesday, Earl L. Smithers, 41, of no fixed address, was charged with indecent liberties with a minor, aggravated sexual battery, rape and two counts of forcible sodomy, said Officer Erika Hernandez, police spokeswoman.

He is being held without bond at the Prince William-Manassas regional jail pending a hearing in Juvenile and Do-mestic Relations Court.

A Maryland girl reported to police last year that two acquaintances raped her in the stairwell of an apartment build-ing in the 7400 block of Princess Carol Court outside Manassas Park on April 3, 2007.

Police collected evidence from a sexual assault exam and from the clothing the victim was wearing at the time of the attack, according to an affidavit for a search warrant filed in Prince William County Circuit Court.

On Jan. 28, the state lab notified the investigator that DNA was recovered from a bodily fluid stain on the vic-tim's jeans, the document states.

When that DNA was checked against the Virginia's DNA database, a "cold hit" was made giv-ing police the identity of the suspect.

At the outset of the investigation, investigators had only nicknames and possible first names to go by, Hernandez said.

About a month after the rape, police identified one suspect and made their first arrest in the case, Hernandez said.

Last week, Stacy Lamar Ellis, 29—who was originally charged with aggravated sexual battery, indecent liberties with a minor and two counts of forcible sodomy—entered an Alford plea in Prince William County Circuit Court for two counts of indecent liberties with a minor, according to court records. In an Alford plea, the defendant does not admit guilt but acknowledges that prosecutors have enough evidence to convict him.

The other charges were either dropped or amended. His sentencing is scheduled for July 17.

Staff writer Elisa Glushefski can be reached at 703-878-8062 or .