At today's hearing in the Jail Court of the McHenry County courthouse, the prosecution and the defense agreed to no additional "regular monthly" hearings before the previously-scheduled trial date of May 7, 2012, for Timothy Smith in the first-degree murder case. Kurt Milliman was shot by Smith on May 28, 2011, and died the following morning at Centegra Hospital-Woodstock.
Both sides reserved the right to return to court upon the filing of Motions and Notice but, at this time, it looks like nothing will happen until May. Smith will remain in jail for the next five months until his family comes up with $90,000 to bail him out (bond is $900,000). A recent attempt to secure a lower bond failed.
So, what is it that is going to happen between now and May 7 that could not happen between now and, say, January 15th. Is the court calendar so packed with Continuances that a judge's time is not available for a first-degree murder trial? This Case Number is 11CF000520.
Smith's wife, Kimberly Holian Smith (b. July 14, 1982), has her own case (11CF000521), but it doesn't include first-degree murder or accessory or accomplice charges. She has a January 13th court date. She was originally defended by the McHenry County Public Defender, but in September Donahue & Walsh took over. She is charged with one misdemeanor and three felonies.
Both Smiths are charged with Obstruction of Justice for concocting a false story, which may have delayed summoning aid to the wounded Milliman. The Sheriff's Department has not revealed how many time passed between Milliman's being shot and the 9-1-1 call that was placed indicating an "unwanted person" in the residence.
Anyone closely monitoring this case is urged to watch the court calendar frequently for any hearings scheduled on short notice. Electronic notices of court dates and any release, should be bail be posted, are not necessarily reliable.
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2 comments:
I think when its a major felony, like murder, the court case is pushed waaaaaay out so there is plenty of time for the defendant's attorney to motion for a dismissal on the grounds of the defendant being torchered into a confession by Nygren's honchos.
In Lake County, the goon who killed the Lindenhurst Burger King Manager back in 2006 is trying to get his confession tossed because of coerced confession.
Frankly speaking, instead of having all those paper targets in the Sheriff's Shoot'n Room, why don't they just have those goons stand there holding paper smiley faces and let them get fragged! DOH!
Wouldn't that be "cruel and unusual" punishment?
I recall a day at the range in Linn County, Iowa, in about 1963. I didn't even want to be in the same county as the deputies on the firing line.
And then there was the day at the range in Arapahoe County, Colo., when a deputy with a cross-draw holster was positioned so that his draw would move across the line of shooters. Not good!
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