Jamal Smith Defense Seeks Case Dismissal, Trial Date Set for June 27
Jamal Smith accused of Highway 169 Shooting seeks case dismissal
The defense for Jamal Smith, the Chicago man accused of fatally shooting a youth baseball coach, presented arguments Tuesday to dismiss a first-degree murder indictment against him.
Smith is accused of firing a shot on July 6 that struck 56-year-old Jay Boughton once in the head on southbound Highway 169 in Plymouth. The shooting is seen by some experts on human behavior as a clear act of road rage. Plymouth Public Safety Director Erik Fadden said previously that something as minor as a lane change could have set the shooter off.
A grand jury indicted Smith last October. In addition to first-degree murder, Smith is also charged with second-degree murder during a drive-by shooting and being a prohibited person in possession of a firearm.
The public defenders representing Smith, Emmett Donnelly and Kellen Dotson, say the state shouldn’t have allowed testimony from a key witness who they say lied under oath. In addition, the defense argued that the state failed to properly vet jurors on being impartial. The defense says 14 of the 18 grand jury members were familiar with news coverage prior to the indictment.
Donnelly also raised issue with the pool of applicants used to select grand jurors, saying Hennepin County has had a “decades-long shortfall” for inclusion of Blacks in jury pools.
The arguments were made before Hennepin County District Court Judge Nicole Engisch during a virtual court hearing Tuesday.
Jay Boughton was a coach for the Armstrong Cooper Youth Baseball Association.
Defense Seeks Ruling on Jury Pools
The defense presented data on jury pools that they argue would not be fair for their client, who is Black. The defense seeks 2022 demographic data on Hennepin County jury pools. Depending on that data, the defense would seek dismissal of that indictment for jury-related reasons.
According to Donnelly, there were weeks in 2020 where Blacks made up 1 percent of Hennepin County jury pools. In 2021 that figure was 5 percent, Donnelly said. U.S. Census figures show Blacks make up 14 percent of the population in Hennepin County.
Donnelly went on to describe the Hennepin County jury selection system as a “systemic failure.”
Hennepin County prosecutor Erin Lutz said the Sixth Amendment, which grants the accused the right to a speedy and fair trial, doesn’t guarantee a jury pool that mirrors the community, citing U.S. Supreme Court case law.
“[The] defendant has to show that there is over a significant period of time, panel after panel, month after month, the group of eligible juries has been significantly underrepresented on jury panels,” argued Lutz.
Lutz also said the COVID-19 pandemic could have played a role in reduced representation from various racial groups. She said five years of data would give a better picture on jury pools.
Currently, potential jurors are summoned using driver’s license, state identification and voter registration databases. Donnelly wants to see the jury pool expanded to state tax filers. He gave an example of how only 53.5 percent of Blacks are registered to vote, where it’s 83.7 percent for whites.
Judge Engisch gave both sides a week to request what kind of data they would like to see from the Hennepin County Jury Office.
Motion to Dismiss Jamal Smith Murder Indictment
The defense also seeks dismissal of the first-degree murder indictment on the basis of tainted evidence. Defense attorney Kellen Dotson argued the indictment against Smith is based on “inadmissible evidence” and a biased jury pool.
Dotson presented to Judge Engisch accusations that a key witness, identified as Brandon Smothers, gave false testimony under oath. Smothers is the alleged backseat passenger in Smith’s vehicle the night of the shooting. Court documents show a total of three people were in the vehicle, including Smith, the driver.
A day after Boughton was killed, Dotson said Smothers had the handgun used in the shooting with photo evidence to back up that assertion. The defense said Smothers testified that he never held the weapon. A Facebook video shows Smith holding the alleged murder weapon, seen as a key piece of evidence.
Prosecutors responded to the assertion saying to conclude it’s the exact same gun “is unfounded and rather absurd.”
“There are millions of black guns in this country,” said Hennepin County prosecutor Dan Allard.
Dotson countered, saying there are six markings on the Croatian-made Springfield handgun that has a double trigger and safety on the butt of the weapon.
“This is a very unique gun,” argued Dotson. “We are very, very sure in our allegation that this is the exact same gun.”
The state’s case says Smith shot across a front-seat passenger to kill Boughton. The defense is expected to raise doubt on that by possibly saying the backseat passenger could have fired the fatal shot.
Trial Date Set for June 27
Judge Engisch is expected to issue written rulings on whether to dismiss the indictment and whether a potential underrepresented jury pool is another reason for dismissal.
In the meantime, the judge scheduled the start of trial for June 27. Assuming the indictment is not dismissed, the defense expected jury selection to take four to five days.
Smith, himself, also spoke to the court, saying he was “humbly grateful to the respected opportunity to be heard.”
“No one knows more about this case than me,” said Smith, calling the state’s evidence “bold, bodacious lies.”
Smith continued, saying there’s an “endless amount of physical evidence that I did not do it.” Judge Engisch then interrupted Smith telling him he has “skilled” lawyers representing him.
Smith remains jailed held on a $3.5 million bond.
Jamal Smith/Hennepin County jail photo
