Timothy Smith - court this Friday

For a case (11CF000520) that looked cut and dried in December, now the criminal's justice system is coming alive.

A hearing has been scheduled for this Friday, May 11, 9:00AM in Courtroom 302 in the case of The People vs. Timothy S. Smith. Smith is the man charged with First-Degree Murder in the death of Kurt Milliman last May. The abbreviated reason for the court date is shown in online records as "MOTION-ISS SUBPOENA-PROTECTIVE ORD".

In December a trial date was set for early May, and the defense attorney told the judge that no further court dates were anticipated. The State did not disagree.

And since December 8?

There have been court dates on March 20, April 13 and April 26. Now May 11. And then there may be a status hearing on July 2 and trial date of July 30. Wanna bet?

Smith's charges include Murder/Strong Probability Kill/Injure; Pandering/No Compulsion; Obstruct Justice/Destroy Evidence; and Pimping. A charge of discharge firearm in an occupied building was dismissed last June and superceded (sic) by a different charge.

What does the Illinois statute say about first-degree murder?

"720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree Murder - ...
    (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
        (1) ...

(2) he knows that such acts create a strong

probability of death or great bodily harm to that individual or another; or..."

Will the State be able to prove "first-degree" murder? What will the defense be? Will Smith take the stand in his defense?

Will Smith's wife, Kimberly Holian Smith, testify in his trial and in his defense? Her own trial is set for November 5. Her charges? Obstruction of Justice/Destroy Evidence (2 counts); False report of offense; Prostitution.

The Office of the McHenry County State's Attorney is prosecuting both Smiths. Have they held strategy meetings on the preferred order of trials? Whose trial should be first, Timothy or Kimberly?

What are the advantages (or disadvantages) of trying Timothy first? What would be the legal effect of convicting him but failing to convict her? Or, what if they tried her first and failed? What impact would that have on his trial?

Will there actually be trials, so that there is some expectation that what really happened that night will come to light?

Is the State still digging for evidence? What if a whole new light gets thrown on this crime?