04-28-2014, 09:43 PM
DEFENSE RESTS AFTER ONE DAY -- CLOSING ARGUMENTS SLATED FOR TOMORROW
Smith’s attorney, Steve Meshbesher said outside the courtroom Monday that he advised Smith, 65 -- a retired US State Dept Security Officer, not to testify, though Smith was willing.
“He in effect did testify,” through his audio taped police interview, Meshbesher said. The prosecution played the interview on the first of the trial a week ago, as Smith, calmly and politely told a sheriff’s sergeant how he assumed the intruders were thieves who had been targeting him, stealing thousands in cash and a couple of his guns. He decided, he said, that it was shoot or be shot.
Asked if Smith wanted to explain the audio that jurors heard, Meshbesher said, “there’s nothing to address … I’m going to address it for him.”
A defense investigator testified Monday that Smith couldn’t have seen right away whether intruders had weapons as they descended his basement stairs.
The defense contends that Smith was fearful after repeated break-ins to his Little Falls home and his adjacent property.
The defense investigator told the jury how Smith served in the Air Force from 1968-1972, including a tour in Vietnam, and earned nine medals or ribbons.
The defense presented only the investigator and three character witnesses. The jury heard from Smith's older brother, Bruce Smith, 67, of Little Falls, who testified that his brother has a reputation for honesty in their central Minnesota community of 8,000. "He's highly regarded by everyone that has known his family," Bruce Smith testified. He also said his brother had been instrumental in training "three generations of Eagle Scouts."
The defense also called two of Byron Smith's next-door neighbors, Kathleen Lange and her 16-year-old son, Dylan Lange. Smith has been living with them since the shootings. They both testified that they believe Byron Smith to be honest.
Sources:
http://www.startribune.com/local/257001051.html
http://www.cbsnews.com/news/defense-rest...led-teens/
Smith’s attorney, Steve Meshbesher said outside the courtroom Monday that he advised Smith, 65 -- a retired US State Dept Security Officer, not to testify, though Smith was willing.
“He in effect did testify,” through his audio taped police interview, Meshbesher said. The prosecution played the interview on the first of the trial a week ago, as Smith, calmly and politely told a sheriff’s sergeant how he assumed the intruders were thieves who had been targeting him, stealing thousands in cash and a couple of his guns. He decided, he said, that it was shoot or be shot.
Asked if Smith wanted to explain the audio that jurors heard, Meshbesher said, “there’s nothing to address … I’m going to address it for him.”
A defense investigator testified Monday that Smith couldn’t have seen right away whether intruders had weapons as they descended his basement stairs.
The defense contends that Smith was fearful after repeated break-ins to his Little Falls home and his adjacent property.
The defense investigator told the jury how Smith served in the Air Force from 1968-1972, including a tour in Vietnam, and earned nine medals or ribbons.
The defense presented only the investigator and three character witnesses. The jury heard from Smith's older brother, Bruce Smith, 67, of Little Falls, who testified that his brother has a reputation for honesty in their central Minnesota community of 8,000. "He's highly regarded by everyone that has known his family," Bruce Smith testified. He also said his brother had been instrumental in training "three generations of Eagle Scouts."
The defense also called two of Byron Smith's next-door neighbors, Kathleen Lange and her 16-year-old son, Dylan Lange. Smith has been living with them since the shootings. They both testified that they believe Byron Smith to be honest.
Sources:
http://www.startribune.com/local/257001051.html
http://www.cbsnews.com/news/defense-rest...led-teens/