Closing arguments today in the Byron Smith trial

On Monday, the defense rested in the Byron Smith murder trial. Jury instructions included first and second degree murder for each of the two victims, 18-year-old Haile Kifer and 17-year-old Nick Brady. Smith shot and killed the teens after a home break-in. The jury will deliberate on whether he went too far in his actions.

Closing arguments are set to begin at 9 AM.

Here is the defense lawyer, commenting to the press:

posted by Crane-Station

16 Responses to Closing arguments today in the Byron Smith trial

  1. Jay says:

    Nick worked for Smith at one point, so Smith should recognized him.(he didn’t) Even after shooting Hailie, Smith still thought she was the neighbor girl, so the obsession theory doesn’t hold water. He didn’t pose Hailie, he tossed her on top of her deceased cousin.

  2. Malisha says:

    You know, I’m not buying that these two just happened to break in at the moment he had his set-up set up.

    I want the full TV movie: “Cold Case” thing with the caring cop.

    Smith was a boyscout leader? Was Brady in his troop at one point? Was there a complaint about Smith? Were there some contacts between and among these three individuals (the defendant and the two deceased kids) that we don’t know about?

    I’m not buying the “oh these two kids were out on a burgling spree one Thanksgiving when…”

    Unh-unh — not buying it. Not paying one cent for that, not buying.

    • ks says:

      “You know, I’m not buying that these two just happened to break in at the moment he had his set-up set up.”

      Ding! Amazing how that just worked out, huh?

    • dianetrotter says:

      One would have to think that he does the same thing every single night, sitting armed in the basement, waiting for someone to break in.

      • But he doesn’t always park his vehicle 3 blocks away, leave his tape recorder on recording and turn on his cell phone jammer.

        He was hunting on Thanksgiving Day and since the pop is only 8,000 he likely knew who the kids were.

        He seemed a little too interested in the girl. He shot her 6 times and posed her in a manner that suggests he thought she was promiscuous. I suspect he may have been obsessed with her.

        His behavior appears sexually depraved and I think he planned to kill them.

        I wouldn’t be surprised to learn that he came on to her and she rejected him, but I do not believe we will ever find out if that happened.

    • towerflower says:

      If Smith had a complaint against him, I can tell you the BSA takes that very seriously and I guarantee he would not be a leader and if there had been and he was removed the defense wouldn’t be saying he was a BSA leader.

      Are some are you now saying that he knew them and “lured” the two into his home? Sorry but I don’t buy that either. To say that you would also have to say he was involved in the burglaries of his own home and even others in the neighborhood. Was he paranoid? Yes, by all accounts he went on his security spree after his home was broken into and his neighbor said he then started to walk around his home armed.

      Yes, I feel he is guilty of murder due the numerous shots and comments caught in his recording. Yes, I feel he set up his home and even moved his vehicle to set a trap…..a trap to catch those responsible for the break-ins.

      But the cousins might also have seen an opportunity…..his car was gone, it was a holiday and one could easily assume he was visiting a friend or family and would be gone for hours, and they might have assumed it was a good time for a quick robbery. It might not have made it into trial but the young man has been linked to other robberies in the neighborhood. So his past actions don’t suggest they were totally innocent.

      BUT, like I have said before, I believe he is guilty of murder in the 1st.

      • Quick point of order. The kid may have committed other burglaries, but I do not know whether he did and I am not going to assume that he did without evidence to support the allegation. You mentioned “robberies” which is a common mistake people make when they really are thinking about burglaries.

        A robbery consists of taking another person’s property by force or the threatened use of force.

        Robbery 2nd degree is a strong arm robbery without a deadly weapon.

        Robbery 1st degree consists of taking another person’s property by threatening to harm or kill them with a deadly weapon, if they do not give it up.

        A burglary consists of entering or remaining in another person’s home or business with intent to commit a crime.

        Residential burglaries are considered more serious.

        Note that the common law requirement of a breaking and entering has been discarded. Therefore, entering a person’s house without their permission through an unlocked door or window with intent to steal something is a burglary, even if the person does not actually steal anything. If he does steal something, that crime is a theft, unless he takes it from a person by force or the threatened use of force. Then it’s a robbery.

        I believe Bundy set a trap and ambushed them, but whether he did or not is not an element of the crimes charged. The basic question the jury must answer is whether it was reasonably necessary for him to use deadly force to prevent being killed or seriously injured or to prevent the kids from committing a felony in his home.

        I believe it was not reasonably necessary to kill them after he disabled them. If I were on the jury, I would convict him of 2 counts of premeditated murder because he decided to finish them off, reflected on his decision and went ahead and did it.

        Premeditation only requires a little more than a moment in time to form.

        As far as the hue and cry about these kids burglarizing other homes and the girl having some drug in her system, all that stuff is irrelevant even if it’s true.

        So, I think we agree on what the verdict should be, but travel different paths to get there.

  3. Family releases new photos of #ByronSmith victims Haile Kifer and Nick Brady pic.twitter.com/IBZND0C91y

    https://twitter.com/billkellerfox9/status/461229455910785024/photo/1

  4. Closing arguments have now concluded.

  5. Mike Tobin ‏@MikeTobinFox 11m
    Defense is closing now. What do you think is Byron Smith a murderer? Or within his right protecting his house?
    from Little Falls

    • bettykath says:

      Even if you give him the benefit of the doubt on the first shot into each kid, the killing shots were fired after there was no threat. He’s guilty of murder 1.

  6. Malisha says:

    If you listen to the defense lawyer’s press conference, you learn:

    1. Words spoken under oath by a law enforcement officer are worth nothing because there’s “no documentation” of what he said;

    2. The mystery person who led law enforcement to a swamp to find a missing gun, however, had a “direct connection” to the two dead teens and that’s significant because the stolen and swamped gun was big and “could cut [the murderer] in half” so he had reason to fear that someone breaking into his house would bring along that stolen gun (which used to BE in his house and obviously could cut ANYBODY in half) and so he had to murder two teens. And THAT doesn’t require any documentation. See?

  7. colin black says:

    He did testify his spoken words of contempt for fellow unarmed humans were heard in court.

    Words spoken dureing the commision of the crime speak volumes.
    As does silance from the acussed to justify his actions dureing his right to explain his actions….

  8. Malisha says:

    I think it’s a very good sign that he did not testify. Not even his own lawyer thought the “I was scared and they were criminals” line was gonna get him a date at THAT bar.

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