Smiths' trials - 2013

A reader inquired today if I knew when trials would be in the cases of Timothy Smith and Kimberly Smith. Tim Smith has been in McHenry County Jail since May 29, 2011, on a murder charge. His bail is $900,000.

From Circuit Court records:

Feb. 25, 2013 10:00AM for Timothy Smith's jury trial. Case No. 11CF000520
Mar. 11, 2013 10:00AM for Kimberly Smith's jury trial. Case No. 11CF000521

A year ago, in December 2011, Timothy's public defender told the judge that no more hearings would be needed and they'd be ready for trial in May 2012. A jury trial date was set. Since then, it has been changed at least twice.

Kimberly Smith's trial date has been changed, also.

Are the defendants' attorneys playing the "You first" game?

Does the State's Attorney have a game plan? Is that office calculating which trial IT wants first, in order to gain leverage against the party tried second?

I won't be surprised at more delays and continuances.

Will one (or both) of the defendants try to cop a plea? If there is a deal and no trial, then the evidence against that defendant won't get presented in court. And what that defendant knows will never be heard in court, assuming that the defendant chooses to testify in his or her own defense.

Will the State say, "No deal! We're going to trial."

Defending on the quality of the prosecution, the defendant might roll the dice and decide not to testify in his or own defense. But the People's case would still be revealed in court, in the event of a trial.

More than a few people want to know the truth about how and why Kurt Milliman was at the Smith residence. How much time passed between the moment when Tim Smith shot Milliman and they called 9-1-1? Five-ten-fifteen minutes? Longer?

Was Milliman's computer confiscated? Who has had access to it? Who was the Sheriff's Department computer geek at the time? Will any testimony from him be credible? Will he even be available to testify?