Delaware County prosecutors continue to oppose a new trial for William F. Smithson, who allegedly strangled to death coworker Jason K. Shephard during a sexual encounter.
Prosecutors say Smithson invited Shephard to his Delaware County home in September 2006, where he allegedly strangled the young man while trying to rape him.
Advocates for Smithson, who is openly gay, say there’s no direct evidence linking Smithson to Shephard’s murder. They also say homophobia played a significant role in Smithson’s prosecution.
In a 65-page brief filed May 6, prosecutors reiterated their position that Smithson was properly convicted of first-degree murder in 2008, and should remain behind bars for the rest of his life. Smithson claims that law-enforcement officials failed to properly investigate F. Bruce Covington, who also was inside Smithson’s home when Shephard died.
Smithson also claims that his trial attorney, G. Guy Smith, failed to properly investigate Covington, and that Smith gave undue credibility to law-enforcement authorities.
But the prosecution’s brief contends the outcome of the trial wouldn’t have been different had Covington been investigated more extensively.
Advocates for Smithson believe that Covington killed Shephard. They note that Covington lied to authorities about not being inside Smithson’s house when Shephard died. They also claim Covington has a history of violent sexual practices and drugging his sex partners.
Shephard was drugged with the date-rape drug Gamma hydroxybutyrate prior to his death, according to court records. Covington was convicted of drug-related offenses relating to the Shephard incident, but prosecutors say he didn’t kill Shephard.
The prosecution’s brief notes that Smithson lied to authorities about circumstances surrounding Shephard’s death. Additionally, the brief emphasizes that a pair of gloves inside Smithson’s home contained both his DNA and Shephard’s DNA.
In a prior interview, Smithson told PGN he passed out prior to Shephard’s death due to excessive drug intake. When he awoke and found Shephard dead in his home, he panicked and moved Shepard’s body to the basement before he could collect his thoughts, he said.
Advocates for Smithson say Shephard’s DNA could have gotten on Smithson’s gloves when Smithson moved Shephard’s body to the basement.
The prosecution’s brief also refutes claims by Smithson that he was denied an opportunity to confront several witnesses who provided information to authorities that cast Smithson in a negative light.
The brief claims that Smithson voluntarily relinquished his right to confront the witnesses, and the outcome of the trial wouldn’t have been different if the witnesses underwent cross-examination.
The matter remains pending before U.S. Magistrate Judge Richard A. Lloret, who must make a recommendation to U.S. District Judge C. Darnell Jones 2d.
Smithson, 51, remains incarcerated at a state prison in Huntingdon.