Deputy told Byron Smith to call police 'right away' after earlie - KMSP-TV

Deputy told Byron Smith to call police 'right away' after earlier burglary

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LITTLE FALLS, Minn. (KMSP) -

There were no comments, just a nod from Byron Smith as he made his way into the Morrison County courtroom Friday morning -- Day 5 of testimony in his first-degree murder trial.

The defense continued its case questioning a sheriff’s deputy who investigated a prior break-in at Smith’s home a month before the deadly shootings on Thanksgiving Day 2012.

A front door panel was kicked in, and guns, money and gold coins were stolen. The case was never solved, but we did learn one of the weapons was eventually found hidden in a secluded, swampy area of the county.

Smith’s defense team showed jurors photographs of the high-powered weapon and insisted, outside of court, that the gun somehow connects directly to Haile Kifer and Nick Brady – the teenage burglars shot and killed by the former State Department security engineer.

“I want the jury to be able to see the gun they stole,” defense attorney Steve Meshbesher said. “That’s just one of two guns, but if they see it -- it could blow Byron in half -- it’s a powerful weapon.”

The same deputy testified that he returned to the house in mid-November, 2012, a couple of weeks before Kifer and Brady were shot to death in the basement. He said he talked to Byron Smith about the open burglary case and noted his self-installed, high-tech surveillance system. The deputy told Smith that if he were to catch the people responsible for the break-in to call the authorities “right away.”

“He says he said that -- there’s no documentation of that,” Meshbesher said, outside of the courtroom, trying to dampen the deputy’s testimony. “They’re creating comments as they go.”

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