Defense wants new trial for man who killed teens

Published 9:25 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.

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“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.