ST.
PAUL, Minn. - The Minnesota Supreme Court is considering the fate of a
Little Falls man convicted of killing two teenagers who broke into his
home.
Byron Smith shot and killed 18-year-old Haile Kifer and 17-year-old Nick Brady on Thanksgiving Day in 2012. A jury convicted him last year of first-degree premeditated murder and a judge sentenced him to life in prison with no possibility of parole.
Smith's lawyers appealed, saying his trial was riddled with mistakes. On Thursday attorney Steve Meshbesher presented his oral arguments to the court. Among the mistakes cited by Meshbesher was a decision by the judge to close the courtroom for a conference before opening statements began.
"This was on his own, closing the courtroom," said Meshbesher, "and I made the suggestion that you cannot do that."
The defense also argues that the judge excluded witnesses that would have testified about previous burglaries Brady carried out on Smith's home. Meshbesher also pointed to the judge's refusal to allow the inclusion of two guns Brady allegedly stole from Smith's home in previous burglaries into evidence.
Some of the justices seemed sympathetic to the concern about the brief closing of the courtroom by the trial judge.
"I am troubled by the closure," Justice David Stras said. "This may be the first true closure we have seen in a first degree murder case in several years."
Justice Christopher Dietzen wondered "Why is what happened here materially different than a sidebar conversation with a judge?"
"The procedure he went through is on his own," countered Meshbesher.
"This is not a courtroom closure," said Brent Wartner, Special attorney for Morrison County. "This is a bench comference that is gointg to the attorneys."
During the trial Smith and his defense team argued that he shot the teenagers in self-defense after his house had been burglarized multiple times before the day of the shootings. Among the things jurors considered in their decision to find Smith guilty was an audio recording he made as he shot and taunted them.
Outside the courtroom Thursday Meshbesher told reporters that his client was "railroaded." He added that Smith has always believed in the American judicial system, and felt he would be found innocent.
Wartner disputed Meshbesher's claims. "When you shoot somebody two times in the chest and once in the head after they are laying on the ground, or shoot somebody 6 times, there is no reasonable use of force in this case."
Byron Smith shot and killed 18-year-old Haile Kifer and 17-year-old Nick Brady on Thanksgiving Day in 2012. A jury convicted him last year of first-degree premeditated murder and a judge sentenced him to life in prison with no possibility of parole.
Smith's lawyers appealed, saying his trial was riddled with mistakes. On Thursday attorney Steve Meshbesher presented his oral arguments to the court. Among the mistakes cited by Meshbesher was a decision by the judge to close the courtroom for a conference before opening statements began.
"This was on his own, closing the courtroom," said Meshbesher, "and I made the suggestion that you cannot do that."
The defense also argues that the judge excluded witnesses that would have testified about previous burglaries Brady carried out on Smith's home. Meshbesher also pointed to the judge's refusal to allow the inclusion of two guns Brady allegedly stole from Smith's home in previous burglaries into evidence.
Some of the justices seemed sympathetic to the concern about the brief closing of the courtroom by the trial judge.
"I am troubled by the closure," Justice David Stras said. "This may be the first true closure we have seen in a first degree murder case in several years."
Justice Christopher Dietzen wondered "Why is what happened here materially different than a sidebar conversation with a judge?"
"The procedure he went through is on his own," countered Meshbesher.
"This is not a courtroom closure," said Brent Wartner, Special attorney for Morrison County. "This is a bench comference that is gointg to the attorneys."
During the trial Smith and his defense team argued that he shot the teenagers in self-defense after his house had been burglarized multiple times before the day of the shootings. Among the things jurors considered in their decision to find Smith guilty was an audio recording he made as he shot and taunted them.
Outside the courtroom Thursday Meshbesher told reporters that his client was "railroaded." He added that Smith has always believed in the American judicial system, and felt he would be found innocent.
Wartner disputed Meshbesher's claims. "When you shoot somebody two times in the chest and once in the head after they are laying on the ground, or shoot somebody 6 times, there is no reasonable use of force in this case."
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