A judge has ruled that the jury trial in the civil case against Dr. Arnold Smith will be held in Lowndes County.
Specially appointed Judge Breland Hilburn had previously granted a request to move the trial out of Leflore County. Lawyers for plaintiff Lee Abraham, who allege he was the target of a murder-for-hire scheme instigated by Smith, had requested the move.
In requesting the change of venue, Abraham’s attorneys cited extensive media coverage of the case as well as Smith’s longstanding medical practice in the community and perceived political bias against Abraham and his brother, Leflore County Chancery Clerk Sam Abraham.
Hilburn said he would allow attorneys on both sides up to 10 days to file objections to his choice of Lowndes County as the venue for the trial. The judge chose the eastern Mississippi county after finding no overlap in lists of preferred venues submitted by the attorneys for Smith and Abraham.
Although Smith is back in Leflore County custody, he was not present at Wednesday’s hearing. The 72-year-old physician is expected to appear next Wednesday at a hearing in the criminal case against him.
Smith was arrested following an April 29, 2012, shooting at Abraham’s Market Street law office. Prosecutors allege that Smith hired hitmen to kill Abraham, a prominent and politically active Greenwood attorney. Smith has held a longstanding animosity toward Abraham.
The shooting left one alleged hitman, Keaira Byrd, dead and another, Derrick Lacy, critically wounded. Abraham was unhurt.
At next Wednesday’s hearing, Hilburn will review reports from psychiatrists and psychologists at the Mississippi State Hospital in Whitfield on Smith’s current mental condition and possible courses of treatment.
Prior to being transferred back to the Leflore County Jail on Sept. 12, Smith had been held at Whitfield since June 2013. Hilburn found Smith mentally incompetent to stand trial last December.
Should Hilburn rule that Smith has regained his sanity, prosecutors would then be free to bring Smith to trial on charges that include capital murder and conspiracy to commit murder.
Records from Smith’s mental evaluations at Whitfield also played a role in Wednesday’s civil hearing. Lawyers for Abraham have been seeking to obtain those documents as they prepare their civil case against Smith.
William Bell, Smith’s attorney, strenuously objected to turning over those files, arguing that the records likely contain private medical information and possibly confidential and inadmissible statements made by Smith while undergoing treatment.
Hilburn said he and Bell would both review the records before turning them over to Abraham’s attorneys to determine if any information should be withheld.
One of Abraham’s attorneys, Lawrence “Lucky” Tucker of Oxford, voiced suspicions during Wednesday’s hearing that Smith had been conferring with Bell to help orchestrate his defense.
Hilburn, in ruling Smith incompetent to stand trial last December, had determined that the physician was incapable of aiding in his own defense.
Tucker asked Hilburn Wednesday to compel Bell to turn over information on who had helped prepare responses to a number of court documents previously filed by the plaintiffs.
“We would like to know if Dr. Smith is operating behind the scenes in this investigation,” Tucker said.
Bell responded that he’d been working with Mary Smith, Dr. Smith’s wife, to prepare responses to Abraham’s written interrogatories. Hilburn ordered Bell to issue written responses to a number of Abraham’s questions but ruled that others were unduly “burdensome and vague.”
At the conclusion of Wednesday’s hearing, Hilburn issued a strong rebuke to both sides over what he saw as intentional foot-dragging throughout the discovery process, during which attorneys for both sides of a lawsuit exchange evidence ahead of the trial.
Hilburn said that unspecified conduct in the case “goes against the spirit of discovery” and warned, “I do have some pretty harsh sanctions that I can impose if this continues.”
• Contact Bryn Stole at 581-7235 or bstole@gwcommonwealth.com.
