A Machesney Park man accused of killing Katrina Smith takes the stand to ask for some evidence to be thrown out. Todd Smith is accused of beating Katrina Smith to death and throwing her body in the Rock River last year. While Katrina Smith was a missing person's Todd Smith was questioned and police asked to search his home. He agreed twice, signing two different consent to search papers with officers but had asked to be there when it happened.
Smith was before a judge today asking for what was found during the search to be suppressed. On the witness stand, Todd Smith described himself as stress out and that he was even confused at times. He says he wanted to help police search for Katrina so he signed the papers but he didn't really read the fine print.
The state argues that he did because in the consent papers they asked Smith to mark different items including allowing his home, a cell phone and computer to be searched. But he specified that he did not want a different computer searched. The state also says he was able to be at home when at least part of the search happened especially when any of the items were actually removed from the home. The defense had asked particularly for a pair of hiking boots taken from the home to not be allowed into evidence. A judge disagreed and said it would all stay.
The judge was also suppose to rule on whether or not the location of the trial should change. The defense had been asking for a change of venue. But because new evidence was handed over this afternoon a judge decided to delay that ruling until the next hearing. Smith has pleaded not guilty to murder.
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