Smith was indicted in the Dec. 8 death of Willard Higgins Jr., 40, of Troy. Police said Higgins died following an altercation with Smith at a South Walnut Street residence in Troy. Smith has pleaded not guilty in county Common Pleas Court.
Lieberman asked Judge Christopher Gee to order prosecutors to produce the recording of the 911 call for help at the Troy residence. Lieberman said he was told there is no recording of the 911 call available although police reports refer to the call being made.
The call "is evidence the emergency squad was sent to the location in question for reasons other than those mentioned in the criminal indictment of the defendant," Lieberman wrote. That information, he said, could be exculpatory evidence, or evidence that favors the defendant in the case.
A Troy police report in the case states "there was a squad call ... in reference to a 40 year old male that was having difficulty breathing and heart problems."
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Gee previously was asked, and approved, a defense request for money to hire a forensic pathology expert to review autopsy findings in the death. Lieberman said during a July 13 court hearing that he and county Prosecutor Tony Kendell met jointly with another pathologist who ruled after an autopsy that Higgins’ cause of death was due to blunt force trauma.
Lieberman said there were no signs “on the body or head to indicate a fight.” That information, along with medical record details about Higgins’ heart being revived at the hospital were cited in the request.
Kendell did not object to the hiring of the expert. “It is a very unique set of circumstances,” Kendell said.
Smith remains in the county jail in lieu of $300,000 bail.
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