Milliman murder suspect & wife in court

Accused murdered Timothy Smith appeared in Judge Condon's court this morning on a Motions hearing. Smith continues to be in custody and  was escorted in from the jail side for a short hearing. His public defender, Kim Messer, represented him.

Smith walked in wearing the customary orange jail clothing but without handcuffs or leg shackles. The hearing was held in Judge Condon's open court, Room 302, not in the Jail Court. His defense filed the Motion, and in an earlier appearance his trial date was changed from early May to July 30.

Smith's wife, Kimberly Holian Smith, was in court for her own appearance on her charges in this case, and she was asked to leave the courtroom when Timothy's case was called, in order to prevent any communication between them.

Kimberly's trial date was set for November 5 at 10:00AM. Kimberly Smith is out on a relatively low bond, and Judge Condon warned her that she could be tried in absentia, should she fail to show up for her trial.

The State's Attorney has never filed additional charges against Kimberly Smith. While she is at risk for state prison time of one-to-six years, she might also avoid any prison time and be sentenced to probation, should she be found guilty.

Early reports indicated that the Smiths had attempted to concoct a story about what happened at their Doty Road home on the night Timothy Smith allegedly shot Kurt Milliman. That resulted in charges of Obstruction of Justice against both Smiths.

Timothy Smith was recently hospitalized at Centegra Hospital and was under guard there. He was apparently allowed broad use of the hospital room telephone, whereas while in jail his telephone calls are very limited, often requiring Judge Condon's order (permission).

The State's Attorney should investigate why the MCSO corrections officer in the hospital room allowed those phone calls and prosecute any violation of Judge Condon's rules on phone calls or, at the least, demand that Sheriff Nygren commence disciplinary action against the corrections officer(s?) who allowed the phone calls.

Corrections officers and hospital staff, hospital patients and visitors were potentially placed at risk, had Smith used the telephone to plan an escape. What are the hospital rules for "cleansing" the room when it is to be occupied by a prisoner? Does hospital staff routinely remove telephones and any objects that could be used as weapons? Are guards placed in the rooms and at the door entrances? Who delivers meals? What about visitors?