Prosecutors file motion to keep Smith’s defense from releasing non-public data

By Terry Lehrke, News Editor

Prosecutors in the murder case of Byron Smith have asked Judge Douglas Anderson, to order that his defense not release evidence of the case without a court order.

Smith is charged with two counts of second degree murder for shooting Nick Brady and Haile Kifer, during an allegedly burglary Thanksgiving Day.

Steve Meshbesher is Smith’s defense attorney.

Prosecuting the case is Washington County Attorney Pete Orput, acting as special assistant to the Morrison County Attorney’s office.

Orput noted in the motion filed Monday, the case has gained extensive media interest. The state has provided to Smith and his attorney more than 400 pages of law enforcement reports, transcripts of audio-taped statements, photos and audio recordings.

The motion said “… The state is concerned that an inadvertent public disclosure of non-public information or parts of information from the discovery may impede the efficient and orderly disposition of this case.”

The prosecution is asking that items given to the defense in discovery be kept in the possession of Smith’s attorney and that copies not be provided to anyone other than employees directly working for the attorney.

It also asks that if copies of discovery materials are to be provided to anyone not working for the Smith’s counsel for purposes of preparing for the trial, prior court approval must be obtained.

The motion has not yet been brought before the court.