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SCARED PARENTS: Sex Offender Moves Near School

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A convicted Marshalltown sex offender has moved in right across the street from a school and regularly visits an apartment building full of children.

It comes just months after he was accused of trying to have sexual contact with at least eight separate children.

Channel 13 asked Stewart Smith if he is a pedophile. He replied "yes."

The 51-year old is on the sex offender registry in Florida and Minnesota and on the national sex offender registry.

But even though he was charged in Tama County in May with multiple counts of trying to entice children as young as eight years old into having sex with him and quote,  "stealing" two other kids, he insists he is no longer a threat to children.

Smith took a plea deal to lesser charges.  Tama County court records indicate police questioned Smith without reading him his rights and interviewed his wife in violation of his fifth amendment rights.

He was never placed on the Iowa sex offender registry.  That's why he's allowed to live right across the street from an elementary school and visit his family here in an apartment complex filled with children.

Parents there are scared.

"I just don't understand how this can happen," says Linda Proct, a parent of two children. "He's here every single day multiple times a day."

Smith says all of the accusations against him are false, made up by parents who were jealous of his relationship with their kids.

He received a suspended 10-year sentence and was placed on probation for three years.

The Tama County Attorney did not want to comment.


  • anita

    He admits he’s a pedophile. I don’t understand how he can live across the street if he’s on a list from other states. This is crazy. Landlord should kick him out.

    • Larry

      That is exactly correct and what we told the judge after Tama county attorney Heeren allowed Sex offender Bernard Upah to walk on lesser charges.

  • traci tyler

    Wrong!! WHO is going to protect the children??? Think about the kids! There are enough sickos in iowa dont need another!!!! Iowa needs to do what one county in florida is doing….post a sign in his yard so that everyone will kknow!!!!

  • George T

    I would take things in my own hands if the the state doesn’t take action. An my actions would be more harsh than what the state would do.

  • nicole

    The reason why this guy is NOT on the Iowa Sex offender registry is b/c as Iowa law reads, if he comes from another state where he is required to register for life (as is the case) and he goes 10 years with no convictions of sexual crimes, Iowa lets him drop his registration requirements!! This is the problem. This guy was picking children UP FROM SCHOOL, after PARENTS WERE TELLING HIM to stop!!! There is NO LAW whatsoever that this man could have been arrested under. That is the issue. The Miranda warning issue had nothing to do with his plea. It’s really too bad that the news reports inaccurately or incompletely what the real issues are in this case. The officers and the County Attorney stuck their necks out and had to be inventive with little to work with to protect children–but the Iowa laws need to be fixed for these “grooming” acts that should be crimes. He is a pedophile as he says–he knows the line and he walks it carefully. Hopefully some Iowa legislators will do something about something that really matters and get the holes in the law, as in this case, fixed.
    The officers and the prosecutor should be commended–but instead it must be a better story to make it seem like they screwed up. That’s too bad.

    • Larry

      You seem to know more about this than anyone else, would you happen to be Niki Whitacre, Assistant County Attorney in Tama? Doing some clean up work here to take the pressure off the Tama county Atty office? Tama county Atty does screw up!

  • Larry

    There maybe reasons Says Poster Nicole….would you happen to be the assistant county attorney in Tama??????? but Tama county Justice is NOT Justice at all. My family has gone thru the circus of Tama county attorney Heeren as well. So has many others that have come forward to me. When I read this story I thought here we go again. TAMA county. Protect the children already! **** this makes me angry.

  • Abused

    I know a sex offender that lives in tama. County and lives right down the street from a daycare and lives right next to a playground that the daycare plays on. He got off on lesser charges due to Brent Heeren agreeing to this as the county attourney. The poor victims get no justice in tama county and this man is walking free only on probation. How sick of the county attourney to let now yet another man walk free. The sherifs office could do better work too…going back. To the basics reading maranda rights, recording interviews with pedophiles etc. This other case I’m talking about the pedophile admitted to abusing in the police interview but since it was not recorded had no say in the court room…so so sick!

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