Motions denied in Smith case

Two motions were argued before Judge Prather this morning in the case of Timothy Smith, recently convicted by a jury of first-degree murder.

Assistant Public Defender Kim Messer argued several points, and Assistant State's Attorney Michael Combs, Chief of the Criminal Division in the State's Attorney Office, argued against those points.

I'd love to report all the details, but the attorneys' voices were low, and even Judge Prather's voice was too low to hear all that she said. Messer asserted that Combs' rebuttal during the trial was "improper, outrageous and tended to inflame" the jury. That part, I heard.

I heard Judge Prather say that prosecutors have "wide latitude" and that Combs' shouting was "inappropriate". I wasn't surprised that she let him slide on it and denied both motions. After all, the jury was instructed to disregard statements by attorneys that were not based on evidence.

Sentencing is scheduled for May 22. Smith is facing a minimum of 45 years in prison. Will there be an appeal?