Judge allows new evidence in baseball coach murder trial as defense tries deflecting blame

Judge bans yellow clothing in courtroom for Jamal Smith trial

MINNEAPOLIS -- Prosecuting attorneys continued with their onslaught of expert witnesses on Thursday in the murder trial of Jamal Smith, the man accused of killing a youth baseball coach in an alleged road rage attack.

Smith's defense team, however, won a key concession from the judge; a ruling that opens the door for him to pursue an "alternative perpetrator" defense. 

Smith is charged with shooting Jay Boughton on a highway in Plymouth last summer.

In an order released Thursday morning, Judge Nicole A. Engisch ruled that evidence of a picture showing Brandon Smothers, another passenger in the suspect's vehicle holding a weapon is admissible. Also allowed is is evidence of text messages being sent and received on Smothers' phone on the night of the alleged attack, but not the messages themselves.

"All defendants of a crime have the constitutional right to present a complete defense," Judge Engisch wrote. "The state has argued strenuously that while [Smothers] was holding a firearm, it was not the murder firearm. The jury could well disregard Defendant's evidence or Defendant's theory that [Smothers] is the shooter. It is, however, inappropriate for this court to assess the credibility of the proffered alternative perpetrator evidence when ruling on its admission..."

One thing that helped investigators close in on Smith as their suspect was a Facebook Live broadcast that showed Smith wearing similar clothes and carrying a similar handbag to one shown on surveillance video, posted shortly after the shooting. The Facebook Live broadcast also showed Smith brandishing a semi-automatic handgun, from which authorities were able to determine a serial number.

In the days following the incident, the police chief called the shooting "one of the most tragic events" he's witnessed in his 20 years of policing.

The photo of Smothers, taken on July 7th, shows him holding a similar looking weapon.

Smothers is on the state's witness list, but he's no longer expected to testify on account of his being unable to be located.

The trial began on Monday with emotional testimony from members of Boughton's family, including his son Harrison, who was in passenger seat at the time of the shooting. 

Subsequent witnesses have included detectives from a host of law enforcement agencies, plus other experts to testify about gun residue and other forensic evidence, including cell phone tower readings social media sleuthing. 

On Wednesday, Smith's girlfriend, Rondelle Hardin, reluctantly took the stand in response to a subpoena, and told the court she still talks to Smith every day -- even after the court ordered him not to.

Her testimony connected some important dots, including how she's the reason Smith came to Minnesota from Decatur, Illinois. She also testified that she remembers Smith getting out of the driver's seat of the SUV that was identified by police as the suspect's vehicle.

If convicted, Smith faces a life sentence in prison. Testimony is expected to continue into early next week, but the judge also signaled closing statements could commence as early as next Tuesday.

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