Jurors are expected to hear evidence about a husband accused of fabricating evidence in his wife’s disappearance after a judge decided not to dismiss the charge Monday.
Husband Glover Palmer Smith, 73, was indicted in March on one count of fabricating evidence and four counts of making false reports to Murfreesboro Police in the disappearance of his wife, Marsilene “Marcie” Smith, 69, whom he reported missing Dec. 6, 2007.
The husband told police his wife didn’t return home after Christmas shopping. Marcie Smith, who is a diabetic who depends on insulin, has not been located.
During a hearing Monday, defense attorney John Norton asked Circuit Court Judge Don Ash to dismiss the fabricating evidence charge.
The fabricating evidence indictment accused Smith of using a vehicle with knowledge of its falsity to affect the outcome of an investigation. Smith allegedly fabricated evidence by parking her Lincoln Navigator at Wal-Mart earlier the same day he reported his wife missing. The Navigator was found the next day.
Citing a Sullivan County case overturned by the Court of Criminal Appeals, Norton said Palmer Smith reported his wife missing after her Lincoln Navigator was parked at Wal-Mart on Rutherford Boulevard.
In the Sullivan County case, the appellate court ruled the investigation has to be ongoing before a defendant can fabricate evidence, Norton said.
Palmer Smith reported his wife missing after the Navigator was parked at Wal-Mart but before police opened an investigation on the missing wife, Norton said. Based on the Sullivan County case, the charge should be dismissed.
Assistant District Attorney Trevor Lynch accused Smith of taking the Navigator to Wal-Mart and parking it, then calling police to report his wife missing. His actions are an integral part of the police investigation.
Norton said prosecutors in the Sullivan County case made the same argument.
Ash denied the motion but noted Norton could revive it after the state’s proof at trial.
Palmer is set for trial Oct. 13 on the fabricating evidence and four counts of making false reports to Murfreesboro Police. Smith was charged with making two statements to Murfreesboro Police Officer Bobby Edwards about incidents that didn’t occur the day the husband reported his wife’s disappearance.
Detective Maj. Jim Gage talked to Palmer Smith Dec. 7 and Dec. 8. The indictments accused Palmer Smith of answering Gage’s questions falsely about a material fact “with the intent to obstruct or hinder the officer from preventing the offense or incident from continuing to occur.”
In another motion, Lynch asked Norton and attorney Libbi Snider be removed as Smith’s attorneys because of a possible conflict of interest.
Snider is married to Murfreesboro Police Detective Craig Snider, who is friends with Detective Mike Taylor, lead investigator in Marcie Smith’s disappearance.
Detective Snider testified his family and the Taylor family has been social friends for 10 years. Detectives Snider and Jennifer West interviewed two witnesses with West taking notes but he didn’t have any other involvement in the investigation.
Ash asked Snider said if he has discussed the investigation with Taylor.
“No,” Snider replied.
Norton said he checked the state Board of Professional Responsibility, who oversees attorneys’ conduct. Board attorneys recommended Palmer sign a waiver of conflict-of-interest.
Palmer will sign the waiver, Norton said.
Ash denied the motion to remove Norton and Libbi Snider as Smith’s attorneys.
Palmer remains free on bond while awaiting trial.
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