Re-trial expected for Marty Smith

ased on a $2500 bond in anticipation of her upcoming re-trial on charges related to the death of Sundance man Doug Haar, who died from traumatic asphyxiation in the early hours of August 1, 2018.

Smith was found guilty by jury of felony counts of accessory before the fact to involuntary manslaughter and accessory to aggravated assault and battery. However, in February, the Wyoming Supreme Court overturned her sentence of up to 18 years in jail.

Wyoming Supreme Court Justices made this decision after hearing arguments that Smith’s original trial was flawed. Because the jury did not have all the relevant case law available to them, argued Senior Assistant Appellate Counsel Desiree Wilson, the conclusion was based on an incomplete understanding of the law.

The jury’s guilty verdict was reversed and the case was remanded back to District Court for a new trial. A scheduling conference took place on March 16 with Judge Thomas W. Rumpke presiding.

At this time, according to a subpoena that has been issued for forensic pathologist Dr. Thomas Bennett to testify as a witness, the re-trial is expected to take place in the latter part of June. Bennett appeared at Smith’s original trial to state his findings as to cause of death.