Adam Smith, 48, died in February and March 2023 in St. He is accused of killing two men in Lawrence County. He is currently being held at SLCCF without bail. (Photo courtesy)

CANTON — The prosecution was heard in the Adam Smith double murder case and its motion to dismiss the charges was denied.

Smith is accused of killing Ronald “Huck” Durham on February 11, 2023, at Eastside Cemetery in Gouverneur, and William Freeman on March 2, 2023, at his home in the town of Rossie.

After the public’s last witness, forensic scientist Elizabeth Walsh, District Attorney Gary Pasqua said the prosecution would be heard.

Defense attorney Brian Barrett then took a few minutes to state that the prosecution had failed (prima facie) to meet its burden of proof in the 14-count indictment, which included two counts of murder, grand larceny and others. Accusations against Smith

Prima Facia means “true, valid, or sufficient at first impression.”

Insufficient evidence, Barrett says

According to Barrett, the prosecution failed to meet the legal requirements to proceed with the trial by objecting to the charge against Smith, saying there was no evidence that Ronald Durham was actually robbed.

Barrett cited Durham’s possession of over $2,600 in cash as a reason for his death.

He also disputed that the prosecution failed to correctly identify the killer and cited Freddie Wing’s confession as further evidence that Smith had no involvement in the murder.

Barrett stated that no date or time had been determined for the time of death and no location could be identified, and that the absence of blood spray or splatter on Durham’s truck led him to believe that Durham’s body may have been dumped in the cemetery.

Barrett also argued that inconsistencies in Durham’s daughter’s testimony led him to believe that no money was stolen from Durham at the time of the murder.

He said that there were no eyewitnesses to the crimes and the speculation of a robbery being carried out was just speculation and nothing more.

Barrett also objected to the inclusion of evidence and testimony from State Police Investigator Daniel Haley and Cortland City Police Officer Austin Fisk; Both testified about the number of trash bags inside Smith’s truck when it was impounded in Cortland on Feb. 11. .

Haley said the contents were searched on March 9, but Barrett said the contents could have come from anywhere during the month the truck was seized.

He also cited discrepancies in the number of bags in the truck as reason to believe there was insufficient evidence to proceed.

Regarding the murder of William Freeman, Barrett said Smith had no intention of committing the murder and in fact was not even in the area the day it occurred.

Barrett cited the testimony of pathologist Michael Sikirica, who maintained that, based on rigor mortis, he believed Freeman was killed on March 2.

He also noted that there was evidence of a pre-established relationship between Smith and Freeman, dating back to a $600 check from Freeman to Smith for painting to be done at Freeman’s home.

He said Freeman’s family confirmed that the check and signature were in fact Freeman’s.

Barrett also Dr. Smith wasn’t even in the Rossie area the day Freeman was allegedly killed, Sikirica testified.

He said Freeman authorized Smith to use his truck “as part of a commercial transaction” on March 1, and noted that Freeman “was alive and well when the man left his home.”

He also said there was no evidence to suggest Smith was not allowed into Freeman’s home, suggesting there was no burglary by Smith due to the established relationship between the two men.

Barrett also stated that the two firearms taken from George Smith’s home, both of which actually belonged to Freeman, were actually part of a business transaction between the two men and were not stolen.

No assault was reported before Freeman’s murder; Another point raised by Barrett was additional evidence that Smith was in no way involved in the commission of any crime.

He also said Smith gave “a lengthy and detailed statement to police” the day he was taken into custody in the northbound lanes of Interstate 81 on March 3, even telling current Deputy Sheriff Shawn McCargar that he was, in fact, allowed to drive the vehicle.

Barrett said Smith told McCargar that the truck was a favor for Freeman and that Smith was running an errand for him that day.

He also claimed there was no DNA evidence on the firearms to link Smith to them.

As for debit and credit cards belonging to Freeman, Barrett said Smith was given permission by Freeman to use the cards. These cards came from Smith’s wallet, which was left in Freeman’s truck when he picked up the vehicle.

Barrett claimed that Smith did all this “without consciousness of guilt,” claiming that Smith had done nothing wrong and felt no guilt because he was not involved in the commission of any crimes.

He also said that given the timeline of events and Smith’s lack of proximity, it was not possible for Smith to place both Durham’s and Freeman’s phones where they were located.

Pasqua says the evidence is overwhelming

But Pasqua denied Barrett’s claims, saying the prosecution had overwhelmingly proven their case with more than enough evidence.

Pasqua said many of Barrett’s arguments came from evidence not presented throughout the trial, including whether Smith had permission to use Freeman’s truck and cards.

“Even the Deputy Sheriff testified that there was no mention of any commercial transactions involving Mr. Freeman’s truck,” Pasqua said.

He also argued that there was “more than enough evidence” regarding Durham’s murder to prove that Durham was killed on February 11, 2023, at Eastside Cemetery.

Pasqua, Dr. He said Scott Lapoint’s testimony amply proved that Durham died in the cemetery, with the doctor stating on the first day of the trial that the amount of blood loss made it clear that Durham died in the cemetery.

Also Dr. He said Lapoint made it clear that under the right circumstances, the truck would not have had blood spray and spatter.

Pasqua also denied the claim that cell data was not evidence that placed Smith at the murder scene, saying cell data mapping was in fact a key element that placed him there.

He also said the boot prints and tire track marks at the murder scene were also directly linked to the boots Smith was wearing when he was arrested and his F150, which was retained by police.

DNA evidence found in multiple vehicles, as well as the murder weapons found, were directly tied to Smith, Pasqua said.

Pasqua also denied Barrett’s claims that Cortland City Police Officer Austin Fisk’s testimony was inaccurate, noting that a gas can found in the bed of the truck covered the third trash bag.

He said the video evidence did not show what was in the truck, but upon further police investigation, it was determined that there were three bags in the truck, two black and one blue.

Pasqua said those bags contained key evidence directly linking Smith to both murders and contained DNA evidence that was “undeniable in this case.”

Pasqua held up the bloody gift cards, $100 bills, bank envelopes and checkbook as evidence that Smith knew full well what he was doing and acted without any sense of guilt despite the “heinous crimes” he committed.

He stated that Smith continued to spend on a spree after both murders, potentially spending thousands of dollars between both murders.

As for the amount of money found on Durham’s body at the time of his death, Pasqua said the only money found was in Durham’s front pockets.

“But he was known to carry significant amounts of money in several pockets of his jacket. “He was also carrying his wallet in his back pocket and his checkbook in his jacket, all of which were taken,” he said.

He linked this key piece of evidence to Smith and said the items were found in one of the trash bags in Smith’s truck.

Regarding Freeman’s killing, Pasqua said the fact that Smith was found driving his truck was proof that Freeman was dead at the time.

“Mr. Mr. Freeman’s own brother and friend of more than 30 years testified that Mr. Freeman would not let anyone drive his truck, not even them. “Then why did he let Adam Smith drive his truck?” Pasqua asked.

Pasqua also rejected the idea that a one-time payment of $600 for work that had not yet been completed was evidence of an affair between the two men.

“Other than the check, we have no evidence that these two men actually knew each other. Nor is it proof that Adam Smith ever set foot in Mr. Freeman’s home,” Pasqua said.

“That’s the extent of the relationship. “This doesn’t mean driving Mr. Freeman’s truck,” Pasqua said.

There was also a broken frame on the door of Freeman’s house; This proved that the person who attacked and killed Freeman did not know him very well.

“Mr. Freeman always left his door open. Everyone who knew him knew that, and if they had tried to rob him they wouldn’t have kicked in the door,” Pasqua said.

He also suggested that Freeman, an avid hunter, would never give up his firearms, let alone sell them to someone like Smith.

“This doesn’t make any sense,” Pasqua said.

Other matters that demonstrated Smith’s intent included Smith attempting to use Freeman’s debit and credit cards, lying in an attempt to change the PIN number on the debit card, calling to inquire about the balance of each card, and attempting to hide firearms. his father was walking past his own house “in a blatant attempt to hide them.”

“We met and exceeded the burden of proof on each of the 14 charges,” Pasqua concluded.

Judge Greg Storie agreed, rejecting Barrett’s attempt to dismiss the case.

Closing arguments and jury deliberations in the Adam Smith double murder trial will be held at 9:30 a.m. Nov. 15 in St. It will begin in Lawrence District Court.