K. Smith case up on 1/11/12

Kimberly Holian Smith, out of bond on charges connected to the murder of Kurt Milliman last May, has another court date this week. Wednesday, January 11, is the day; 9:00AM is the time. The place: Judge Condon's courtroom, Room 302.

What's been going on with this case? Not much. The usual delays. You may remember her charges: Prostitution, False Report of Offense; Obstruction of Justice (two counts).More than a few people wonder why she hasn't been charged as a an accessory or accomplice in the death of Milliman.

There doesn't seem to be much question that she was there. Her husband, Timothy Smith, currently a guest in Hotel Nygren with a $900,000 bail, and she reportedly took time to try to concoct a story after Milliman was shot and before they called the Sheriff's Department. How much time is still unknown, but it wasn't seconds.

How many of the deputies and detectives of the McHenry County Sheriff's Department connected with the investigation in any way were acquainted with her? Were command officers careful to keep anyone who knew either Smith or had a relationship with either one far away from the case? The names of all the deputies have been kept out of sight. The Sheriff's Department has refused to release any information, citing ongoing investigation and active file. And, indeed, it should be, but what harm would there have been to name the first two deputies to arrive at the scene?

How many court dates has K. Smith had? Count 'em. Just go to online court records and look up Case No. 11CF000521. #13 is coming up on the 11th.

The (unfortunate) usual practice in McHenry County Courts is continuance, continuance, continuance. After being represented by a public defender from May 30 to Sept. 19, the law firm of Donahue & Walsh took on her case. More continuances followed: October 19, November 23 and there is sure to be one on January 13.

Will the State's Attorney's Office refuse to plea-bargain in this case and take it to trial, so that testimony can be given in open court about what happened? Would Timothy Smith testify? Would he testify against her? Is testimony of a husband against his wife permitted in Illinois? Or, more importantly, is it prohibited?

At Timothy Smith's first court appearance, he looked lost. His expression was like, "What's going on here? Why am I here?" Lately, in his own appearances in the Jail Court, his demeanor has been too relaxed, too light. And no further hearings are scheduled in his case until a trial date of May 7.

Hey, it's Murder One. If no further hearings are anticipated, why not have his trial now???

And no plea there, either! Don't bargain down either one of these.