Defense wants new trial for Minnesota man who killed teens
Published 10:10 am Friday, September 4, 2015
ST. PAUL — Attorneys for a Little Falls man convicted of killing two teenagers who broke into his home on Thanksgiving Day 2012 argued Thursday before the Minnesota Supreme Court that he deserves a new trial.
A jury convicted 67-year-old Byron Smith last year of first-degree premeditated murder in the fatal shootings of Haile Kifer, 18, and her 17-year-old cousin, Nick Brady. Smith was sentenced to life in prison with no parole.
At issue in the appeal is whether a court proceeding held on the trial’s opening day should have been open to the public, the St. Cloud Times reported. With only the attorneys and a court reporter present, the trial judge reminded the attorneys that he ruled against Smith’s wish to call friends of Brady to talk about his participation in previous burglaries.
“This is about justice … he did not get a fair trial,” defense attorney Steven Meshbesher told the justices. “The only way to fix it is to grant him a new trial.”
Prosecutors argued at the hourlong hearing that the closure had no impact and was meant to instruct attorneys on how they would conduct themselves. “This is not a courtroom closure. This is about a bench conference,” prosecutor Brent Wartner said.