DAY 3 OF THE KERRY SMITH TRIAL

FIRST THING UP THIS MORNING KERRY SMITH WALKED UP TO THE CAMERAMAN COMPLAINING ABOUT THE WRITE THAT WAS DONE FRIDAY ON BCFP. HE SAID THE REPORT WAS A LIE AND THAT BCFP MADE FUN OF THE MOCK’S AND HIS EXPERT WITNESS. HE TOLD BCFP THAT OUR DAY WAS COMING. RIGHT BEFORE THE JURY WAS CALLED INTO THE COURTROOM. ATTORNEY TOM CRAWFORD COMPLAINED ABOUT THE SAME WRITE UP THAT WAS DONE ON FRIDAY. HE COMPLAINED TO JUDGE LIVENGOOD. WHO TOLD CRAWFORD HE WOULD ASK THE JURY IF THEY HEARD OR READ ANYTHING ABOUT THE CASE OVER THE WEEKEND. BUT OTHER THEN THAT HE COULD NOT DO ANYTHING . THE JURY SAID THEY HAD NOT.

KERRY SMITH TOOK THE STAND UNDER DIRECT FROM HIS ATTORNEY HE TOLD THE JURY THAT HE WAS FRIENDS WITH THE VICTIMS MOTHER. HE ALSO TOLD THE JURY THAT HE THOUGHT THE VICTIMS FATHER MADE A BETTER PARENT. HE SAID HE KNEW THE VICTIM HAD BEEN RAPED AND CHOKED BY EX BOY FRIENDS OF THE VICTIMS MOTHER IN THE PAST. HE DENIED EVER TOUCHING THEM. AND ADMITTED THAT HE MADE A COPY OF THE CD THAT CONTAINED A PHONE CONVERSATION BETWEEN SMITH AND ONE OF THE VICTIMS. HE RECEIVED THE CD FROM HIS ATTORNEY WHO RECEIVED IT FROM STATE POLICE. ALL IN ALL HE SAID HE WAS BEING A FRIEND TO THE OLDEST VICTIM.

UNDER CROSS FROM BILL HIGGINS, SMITH SAID THE PHONE CONVERSATION WAS ROLL PLAYING. HE WAS PRETENDING TO BE ONE OF THE MEN WHO ASSAULTED THE VICTIM IN THE PAST. AND WAS LETTING HER VENT ON HIM. HE CLAIMS A PART OF THE RECORDING WAS MISSING AT THE BEGINNING OF THE RECORDING, WHERE HE CLAIMS THEY DISCUSSED THAT HE WOULD PRETEND TO BE ONE OF THOSE MEN SO THE VICTIM COULD VENT. SMITH SEEMED COCKY ON THE STAND, WHEN HIGGINS ASKED IF HIS WIFE KNEW HE WAS TALKING ON THE PHONE WITH A UNDERAGE GIRL FOR 28 MINS, SMITH TOLD HIGGINS THAT WAS NONE OF HIS BUSINESS. THE JUDGE ORDERED SMITH TO ANSWER THE QUESTION WHICH WAS NO. AND ONE POINT SMITH ASKED HIGGINS A QUESTION WHICH HIGGINS SAID HE WAS THE ONE ASKING QUESTIONS NOT SMITH.

WHEN HIGGINS ASKED SMITH HOW MUCH HE PAID FOR THE EXPERT TESTIMONY SMITH SAID TO HIGGINS, THAT IS IRRELEVANT AND DID NOT WANT TO ANSWER. THE JUDGE ORDERED HIM TO ANSWER AND SMITH SAID HE COULD NOT REMEMBER. SMITH MADE IT A POINT TO SAY HE DID NOT BABYSIT THE VICTIMS HE WATCHED THEM. HIGGINS SAID IT WAS THE SAME THING. SMITH DISAGREED. WHEN ASKED WHY HE TOOK THE 7 YEAR OLD VICTIM TO A RADIO TOWER ON HIS MOTORCYCLE TO WORK ON THE TOWER. SMITH SAID IN CASE HE GOT ELECTROCUTED SHE COULD CALL 911. HE ADMITTED TO ANALYZING THE CD FOR TAMPERING OR ANY FLAWS. AS IT TURNED OUT. THE CD THE POLICE GAVE CRAWFORD WAS RECEIVED BY THE EXPERT BROKE, SO SMITH SEND HIM A COPY THAT SMITH HAD. SO THE BOTTOM LINE WAS THE EXPERT ONLY TESTED A CD THAT HE RECEIVED FROM SMITH. NOT THE CD THAT WAS GIVEN TO CRAWFORD BY POLICE.

TROOPERS AUKER & MARTINI BOTH TESTIFIED THAT THEY WERE PRESENT WHEN THE VICTIM TALKED TO SMITH ON THE PHONE AND THAT SMITH NEVER SAID ANYTHING TO THE VICTIM ABOUT THE ROLL PLAYING STORY.

UNDER CROSS CRAWFORD ASKED AUKER IF HE HAD REASON TO LIE ABOUT TAMPERING WITH THE EVIDENCE, LIKE LOSING HIS JOB OVER IT, AUKER STATED HE WOULD HAVE NO REASON TO LIE BECAUSE HE NEVER TAMPERED WITH THE EVIDENCE IN THE FIRST PLACE TO LOSE HIS JOB. THEY DID CLOSING ARGUMENT AND THEN THE JURY GOT THE INSTRUCTIONS. THE JURY WAS THEN SENT BACK TO DELIBERATE. IN LESS THEN AN HOUR THE JURY RETURNED A GUILTY VERDICT ON ALL 69 COUNTS

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9 Responses to DAY 3 AND VERDICT IN THE KERRY SMITH TRIAL

  1. John P Degiglio says:

    …what the heck was he doing bringing a seven year old child to a remote radio tower? like come on now..i would have called a friend of mine (who would obviously be my age) to ride along (separate vehicle or on my bike) so they can call 911. if i were to be injured, WHY WOULD I PUT MY FAITH IN A CHILD TO SAVE MY LIFE.

  2. Tina Foor says:

    Smith is a locally notorious philanderer who has been involved with multiple under-aged girls since his 20’s, most while being in a “committed” relationship with some poor woman who believed his lies. The “tower” excuse goes back to the 1980’s as well and had always worked for him before.
    It’s about time he get what he deserves!

  3. BETSY MIRRORS says:

    Yes, the tape that was played had ‘strange’ evidence, but yet, Smith’s attorney said it was tampered with and so did the expert witness. Oh, that’s right, he talked to balloons…sure you would too if you were heavily medicated with spinal meningitis, so the tape was not true and accurate….of course that’s why there are people in the courtroom and we are supposed to have an ‘unbiased’jury, I’m assuming that’s why some of them fell asleep during the trial, but nothing anyone can do now, verdict is in, and if I want to disagree with it, I thought it was a free country and we had free speech…voicing my opinion. Unfair jury, unfair evidence and the DA did (is) trying to get Bedford County to forget the things he has done, and some will forget and some will not. I personally wish Mr. Smith all the best and hopefully he will find a way to survive the remainder of his life. HECK, murderers get out on parole and a lighter sentence! Maybe he should have done that instead of having a girl accuse of him things he couldn’t defend. Just have a great day BCFP!

  4. FREE PRESS STAFF says:

    wow you pointed out that higgins has a foul mouth, and was talking to 3 woman in the courtroom, and you point out that our english is poor, and we mis-spell words, and you think smith is not guilty of these charges, but yet you totally disregard the evidence in this case, which the most damaging was the phone call, how do you explain the phone call we heard?

  5. BETSY MIRRORS says:

    Wow, Bedford County has some problems. I visited the court room during part of the Kerry Smith trial and I saw three jurors sleeping…and you think they heard the evidence clearly? Give me a break! The same day, when court was in recess, Mr. Higgins, your DA, was in the back talking to Child Services (all women) and just kept leaving the “F” bomb go everywhere. That’s showing respect for women!! He was a very proud man…don’t know why except that he probably received “A’s” in drama class! I wonder if anyone in Bedford County has ever been in the hospital and on medications that could have or did make them see or hear things…oh, that’s right, it happens in Bedford County to normal people. And the interview with Higgins you have posted? Well, he obviously didn’t get “A’s” in public speaking. Horrible!!! I feel bad for Kerry Smith because he got the raw end of the deal and does not deserve to be in prison for as long as Higgins loudly stated! Jurors sleeping, showing no interest in the trial, Mr. Smith was guilty when the charges were read…Small towns, small communities….Guilty until proven innocent here! Vote for Higgins again? It’s a Republican community…I’m a Democrat, thank God! One more thought, the editor of the BCFP should learn to edit his work, very sloppy, misused words, poor English, mis-spelled words…what can one expect, oh, that’s right, nothing. As one of Kerry’s character witnesses said, she would still allow him to watch her grandchildren because she did not believe the charges. I would let him watch my family too. Can’t wait to leave Bedford County.

  6. jdog72 says:

    HAHAHAHA yes! I mean you got props from the DA while he slammed that rag the gazette…I LOVE IT!!! The BCFP haters got kicked in the nuts!! HAHAHAHAHA

  7. FREE PRESS STAFF says:

    YOU MEAN THIS, LOL, YES I AM WILLING TO BET THERE WILL BE A CRY FEST

    Photobucket

  8. jdog72 says:

    Crawford is the BIGGEST joke walking as far as attorneys go! He’s a slob and can BARELY speak where you can understand him. If anyone hires him as their counsel they deserve everything they get!!!
    On a lighter note hey BCFP DA Higgins gave you some props!! I bet that took the wind out of some of your haters sails!!! HAHAHAAHAHA….

  9. Tom Sinderson says:

    Great Job DA Higgins! Thank heavens we re-elected you. You are a dedicated public servant and we are luck to have you. Your tireless efforts at weeding out have helped you accumulate some enemies but the law abiding citizens of Bedford County truly appreciate everything that you do. Keep up the great work. Wish I could vote for you again right now.

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