Defense in capital murder case says Byerly tried to attack Eric Smith

From Steve Stewart-KJAS:

Day two of the capital murder trial of Eric Smith is under way in the Jasper County Courthouse. Smith is accused of murdering Martin Lynn Byerly in a room at the Tri-A-Nite Motel on North Wheeler Street in September of 2007 and dumping his body at an abamdoned oil well site in north Jasper County.

Jurors spent the morning hearing forensic testimony and viewing evidence from expert witnesses.

First up was Dr. Tommy Brown, a forensic pathologist from the Jefferson County Morgue who performed an autopsy on the skeletal remains of Byerly.

Brown testified that Byerly suffered skull fractures and fractures to the bones of his face by way of blunt force trauma.

Brown also testified that Byerly was stabbed several times with a round object that he suspected was a screwdriver, including a stab wound to his right eye that stopped just shy of entering his brain, and a stab wound to his left chest that possibly penetrated his left lung.

Jurors also heard testimony from Rebecca Sweetnum, a forensic scientist with the Jefferson County Crime Lab who testified that she and a team of investigators collected the skeletal remains at the scene where Byerly was found. On cross examination from Smith's defense attorney, Randy Walker, it was revealed that Byerly's skeleton was not clothed.  Additionally, Sweetnum said that two pair of blue jeans were found with the remains, a pair of Wranglers that Byerly was known to wear exclusively, and a pair of Levis. There was no testimony as to who the Levis may have belonged to.

Jurors then heard from Jasper Police Department Crime Scene Technician Connie Jordan.

Jordan said that she and several other investigators took Smith to a location on County Road 350, south of Jasper, where he told them that he dumped the murder weapons and other items.

District Attorney Steve Hollis presented as evidence a black handled Phillips screwdriver and a broken cinder block that Smith told police he used to kill Byerly. Hollis also showed jurors bottles of bleach and laundry detergent that Smith told them he used to try to clean up blood in the motel room after Byerly was killed.

The court took a lunch break at noon and testimony will resume during the afternoon.

From Mike Lout-KJAS:

A jury was selected on Monday and began hearing testimony in the trial of 36-year-old Eric Smith, who is accused of killing 58 year old Martin Lynn Byerly in the fall of 2007.

In his opening statement, Jasper County District Attorney Steve Hollis, who is prosecuting the case, said he would prove that Smith stabbed the long time Jasper auto mechanic in the chest with a screwdriver and then took his money and jewelry. However, Hollis said the defense would counter by saying that Byerly had sexually assaulted Smith. Hollis went on to say that the defense of rape would not work and that it was "a darn shame that Byerly was not alive to tell his side of the story."

Smith's defense attorney, Randy Walker, said that evidence would show that Byerly came to the defendant's motel room for some good times with drugs and that during the course of the evening, the deceased became sexually aggressive and even pulled a knife, leaving Smith no choice other than to kill Byerly with a cinder block and a screwdriver.

First to be called to the stand was Byerly's widow, Danna Weeks Byerly, who testified that her former husband was not homosexual or bisexual. The widow said that she had known Byerly for many years before their marriage and that she had never seen any indication that he was interested in sexual relationships with anyone of the same sex.

Also testifying on behalf of the state was the defendant's father, Homa Hal Smith, who said that his son confessed to the murder and first told him that it was a case of robbery. However, the father said that his son later changed his story and said that the murder occurred after Byerly tried to rape him. Homa Smith said that his son told him that he first lied because he did not want to admit that he was bisexual.

The father said Eric Smith tried to talk him into framing someone else in the murder to allow them to obtain the $5,000.00 reward that had been offered by Byerly's widow for information as to the whereabouts of his body. However, the elder Smith said that he would not go along with his son's plan and instead called authorities. Homa Smith also said that he had never collected the reward.

During cross examination by defense attorney Walker, Homa Smith admitted that he was currently charged with selling drugs here in Jasper County, but said that it was a false charge. However, Homa Smith declined to answer if he had been charged or convicted of numerous crimes of burglary or theft in Harris County. He also denied ever using alias names or introducing his son to drugs or burglary.

Following an afternoon recess, the prosecution called one of Eric Smith's co-workers, John Wood, who testified that when Smith heard radio reports of the murder, he said that Byerly deserved what he got. Wood also said that while on a fishing trip, Smith admitted that he had killed Byerly. However, Wood said that he did not report the incident to police because he feared that Smith would also kill him.

The prosecution also called upon James Weeks, a man who said that he sometimes worked at the lawnmower shop where the defendant was also employed. Weeks identified a gold chain and a gold nugget ring in a photo of Byerly as items he had seen in Eric Smith's possession.

The last witness of the day was Jerry Southwell, who was a self-professed crack addict who lived in the Tri-a-Night Motel, where the murder is alleged to have occurred.

Southwell said that Byerly began coming to the motel looking for homosexual sex. However, Southwell said that he was not interested and directed Byerly to the defendant.

Byerly went missing on September 30, 2007 after being seen at Jake's Place, a night spot on South Wheeler Street. Byerly's truck was found a few days later abandoned next to the Pay-Less Shoe Store on West Gibson Street. Other than a few drops of Byerly's blood in the truck, police had no other leads to work with until Smith's father came forth with the information on June 8, 2008.

Officers allege that after Smith killed Byerly at the motel, he then dumped his body on an abandoned oil field road about 7 miles North of Jasper, just off Highway 96.

Smith has remained in the Jasper County Jail without bond denied since his arrest. He was indicted for capital murder by a grand jury in July of 2008.

Testimony will resume at 9:00 a.m. Tuesday morning with Southwell scheduled to return to the stand.

The case is being heard before District Judge Jerome Owens.