Yesterday Kimberly Holian Smith, wife of Timothy Smith, took a "deal" and pled guilty to disorderly conduct (Class IV felony) in the crime that resulted in the death of Kurt Milliman in May 2011.
Kim Smith had been charged with Prostitution, Obstruction of Justice (2 counts) and False Report of Offense. Do you see Disorder Conduct there, anywhere?
Kim and Tim Smith advertised on Craigslist and offered her "services". She testified in her husband's first-degree murder trial that she'd had 50 men (customers) in six months.
Prosecutors (the McHenry County State's Attorney office) had made a deal with her and offered her immunity, if she'd testify in Tim's trial. (I've lost track of the number of readers who have contacted me to tell me that a wife cannot testify against her husband in Illinois.) Her testimony wasn't worth much and, in my opinion, had little to do with the jurors' decision to find Tim Smith guilty. But the deal was done. And the prosecutors lost their leverage for any trial of Kim that would follow.
To read yesterday that Kim Smith was convicted by Judge Prather of Disorder Conduct (only!) was shocking. Kim Smith is to be sentenced on June 7. She risks incarceration in the Illinois Department of Corrections for 1-6 years but could also be given only probation, according to the Northwest Herald article.
Questions for the last 18 month have included, "Why wasn't she charged as an accomplice? or as an accessory?"
The reporter for the Northwest Herald also slipped into the article that Tim Smith's "... attorney has filed a motion for a new trial." More on that in a future article soon.
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6 comments:
There are a variety of reasons why she was charged with DC and not as an accomplice. But I suspct the biggest reason is because she was not the one that committed the murder and that they needed her testimony to get him convicted. Not what one likes to see but some times they have to make a deal.
Gus would have preferred that they try them both for murder. There would have been no one to testify what actually happened, just second hand she said he said.
The two defense attorneys would have asked if the officers were there (and they would admit they didn't see what happened)... and any inconsistencies would have been played against the other defendant. Making a real possibility of two not guilties.
Gus loves not guilties.
this whole thing reeks from incompetence.
from the sheriffs investigation to the states attorney office..
Are there any professionals left?
Or two Guilty verdicts, Ray.
Kim's testimony didn't provide the tipping point for the jury in her husband's trial. She was not a credible witness.
The State got little in exchange for the immunity offer.
Yes the false report is charged as disorderly conduct.
They were both drug addicts with criminal records before this. Not to mention Tim was a deadbeat dad for years before he met Kim! This dosnt shock me at all. This will follow her around for the rest of her life. Who would want to be in a relationship with a hooker and a pregnant one at that? Where was her older son when this was going on? This will be with her forever any background check any guy she meets. And Tim will spend most of his miserable life in prison if not most so I call it Natural Selection at its finest! I know both of them and they got what was coming to them if you ask me!
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