Juror again appears to fall asleep during testimony in Gouverneur, Rossie murder trial
Nov. 1—CANTON — A juror who appeared to fall asleep during testimony in the Adam W. Smith double murder trial on Wednesday appeared to fall asleep again during proceedings on Friday morning and also appeared barely able to stay awake at various points throughout the day.
Meanwhile, state police forensic investigator Daniel Haley, a prosecution witness who has been on the witness stand since Wednesday afternoon, continued his cross-examination testimony.
Smith, 48, is charged in a 14-count indictment with murdering 72-year-old Ronald E. "Huck" Durham on Feb. 11, 2023, in East Riverside Cemetery, Gouverneur, and 67-year-old William M. "Bill" Freeman in Freeman's Rossie home on March 1, 2023.
Smith is represented by attorney Brian P. Barrett of Lake Placid.
The prosecutors are District Attorney Gary M. Pasqua and assistant district attorneys Alexander Nichols, Sasha Mascarenhas and Matthew Peabody.
During Haley's testimony on Friday morning, a juror appeared to fall asleep. This juror is one of two who appeared to fall asleep during testimony on Wednesday afternoon. At another point later on Friday morning, the juror appeared to be barely awake. Following the noon lunch recess with Haley back on the stand, the juror at two different times appeared to have trouble staying awake.
The second juror who appeared to be sleeping on Wednesday appeared awake and focused throughout Thursday and Friday.
Friday morning's testimony started with Barrett asking Haley if he's familiar with the concept of confirmation bias.
"What is that to you?" Barrett asked, to which Haley replied, "I believe it's the idea that if you're looking for something, you'll find it."
Barrett soon after asked Haley if he knows whether or not Durham died in the cemetery or died elsewhere and was dumped there, to which the investigator replied, "No sir."
"You agree with me he could have arrived at the cemetery dead and then dumped," Barrett said.
"According to my analysis of the scene, that's highly unlikely," Haley answered.
Asked by the defense attorney, Haley replied that he is not trained in determining time of death, and referred Barrett to Durham's death certificate. Earlier testimony from a medical examiner who qualified as an expert witness indicated the time listed on that document is the time the coroner declared Durham dead at the scene. Two witnesses who first found Durham's body told jurors that he was dead when they discovered him around 8:30 a.m. Feb. 11, 2023.
"Are other state police investigators trained in determining time of death?" Barrett asked. Haley answered, "I'm not sure."
Barrett's questioning later on tried to challenge the likelihood that the tires on Smith's 2016 Ford F-150 truck, which police investigators later matched to the tire treads left at the murder scene, are the actual set of tires that left those tread markings.
In response to Barrett's questions, Haley said he never contacted the tire manufacturer. He said he doesn't know how many of that particular make and model of tire exist in the United States nor in the Gouverneur area.
Police also matched the boots Smith was wearing when he was arrested on March 2, 2023, with the footwear impressions left in the snow at the Durham murder scene. Barrett asked Haley if he ever contacted any shoe manufacturers as part of the investigation, to which Haley replied no.
Barrett also started a line of questioning that seemed to challenge the legitimacy of Cortland City Police impounding Smith's truck in Cortland later in the day of Durham's death. Smith was pulled over by Cortland Officer Austin Fiske, who testified earlier in the trial. Fiske said in the late afternoon of Feb. 11, 2023, he initially got a hit on his patrol car's automatic license plate reader saying Smith's plates were lost or stolen. A more thorough Department of Motor Vehicles check showed the plates were legitimate, he said. However, Fiske said his database checks during the traffic stop determined Smith was driving with a suspended license and suspended registration, which led him to impound the truck and send Smith on his way with tickets.
In court on Friday, Barrett showed Haley a photo of the registration and inspection stickers on Smith's truck windshield in the Cortland impound lot.
"The vehicle was properly registered on March 8, correct?" Barrett asked, to which Haley replied, "It appears to be sir." He also said the inspection sticker in the photo appeared legitimate.
"So the vehicle was inspected and registered," Barrett asked, to which Haley answered, "It appears to be, yes."
Haley on March 8 retrieved Smith's truck from the Cortland police impound and brought it back to state police Troop B headquarters in Ray Brook where it was later searched with a warrant. In a garbage bag in the truck bed that was frozen in place beneath a gas can, investigators found what turned out to be the knife used to kill Durham, which also tested positive for Smith's DNA on its handle.
Haley's earlier testimony, under direct examination, slowly went through his actions investigating the Durham murder scene, searching Durham's truck, and later searching Smith's truck. He detailed how he and other state police forensic specialists found blood evidence inside both trucks and also on the outside of Durham's truck.
Haley earlier had detailed how they meticulously went through Smith's truck and later found the alleged murder weapon and receipts for purchases that totaled nearly $2,000. In Pasqua's opening statement, he alleged Smith stole a couple thousand dollars from Durham, who was known to carry large amounts of cash, and Smith went on a "spending spree" between Ogdensburg and Cortland after allegedly committing the murder.
Earlier witnesses testified to Smith buying a $900 ring with cash. Witnesses said he also bought gift cards with cash and loaded hundreds of dollars across several of them. One of them testified Smith made one of the purchases with bloody $100 bills.
The trial continues at 10 a.m. Monday morning with more cross-examination of Haley.
