Trial was set Oct. 13 for a husband accused of giving false information about his wife’s disappearance in December 2007.
Husband Glover Palmer Smith, 73, of 406 Village Green Circle was indicted in March on one count of fabricating a vehicle as evidence and four counts of giving false information to police in the disappearance of his wife Marsilene “Marcie” Smith, 69. She has not been found.
Marcie Smith’s Lincoln Navigator SUV was found Dec. 7, 2007 in the Wal-Mart parking lot on Rutherford Boulevard. Smith reported her missing the previous day. Store videotape showed a man retrieving a bicycle from the back of the SUV and riding away.
Smith has not been charged in his wife’s disappearance. He remains free on bond.
Before the trial, Circuit Court Judge Don Ash is expected to rule on motions filed by both prosecutors and the defense.
Defense attorney John Norton filed a motion Friday asking to dismiss the count about using a vehicle as evidence.
The defense received a video compact disc concerning the Wal-Mart videotape, Norton said. The state’s theory is Smith drove the Navigator to Wal-Mart and rode away on the bicycle.
Norton asked Ash to dismiss the count, describing it as “unintelligible and nonsensical” because Palmer did not do anything to make the vehicle false.
Assistant District Attorney Trevor Lynch said prosecutors filed a motion Monday alleging a conflict of interest by Norton’s co-defense lawyer, Libbi Snider.
Snider is married to Murfreesboro Police Detective Craig Snider, who interviewed at least one witness in the case before his wife was hired.
Detective Mike Taylor, who is the lead investigator, and his wife, are close friends with the Sniders, the motion stated.
Prosecutors asked Ash to determine if Smith knows about the relationship between the Taylors and Sniders and if it warranted a conflict of interest to allow Libbi Snider to possibly attack the investigation of her husband’s employer and to question the investigation and reliability of a close friend.
If Snider is allowed to represent Smith, it could be a factor for an appeal, the motion stated.
Norton told Ash the court will be asked make a ruling.
“It does raise a meaningful issue,” Norton said.
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