'Cold Justice' TV show spurred arrest in Kirby Smith killing, ex-wife's attorneys say

Attorneys spent hours Thursday arguing about evidence in the 2004 cold case murder of Kirby Smith as they move toward a Sept. 17 trial date for codefendants Rebecca Haynie and Donald Keith “Bull” Phillips.

Haynie, Smith’s ex-wife, and Phillips, her alleged lover at the time, are charged with murder in Smith’s fatal shooting inside Kirby’s Speed Shop, 1438 Jacqueline Drive. A coworker found Smith’s body about 8 a.m. Monday, March 4, but police believe he was killed about 9 p.m. the day before.

Detectives found no evidence anyone had forced entry into the shop, and determined all that was missing was a gold necklace Smith wore. He still had cash in his pocket, and more money was in a cash box in the shop, indicating he was not robbed by strangers.

Smith, 50, was shot once in the torso and again in the head with a Hi-Point 9 mm.

Though investigators long suspected Haynie had a role in Smith’s death, because the two were going through a contentious divorce at the time, she and Phillips were not charged until June 5, 2014. They have been awaiting trial since.

Haynie is represented by attorneys Foss Hodges, Jason Sheffield and Erin King. Sheffield proclaimed his client’s innocence during Thursday’s hearing: “She has not killed her husband. She has not asked anyone to kill her husband,” Sheffield told Judge Gil McBride.

Haynie’s defense team is claiming the delay in bringing the case to trial has damaged her ability to defend herself, violating her constitutional right to a speedy trial.

Sheffield also blasted a TV episode on the case produced by “Cold Justice,” saying it planted in the minds of the public the notion that Haynie is guilty, causing further prejudice.

Attorneys are to address the speedy trial issue in a follow-up hearing on Aug. 1.

The case continues to draw national attention, as “Dateline NBC” is expected to have a camera crew covering the trial.

Attorneys spent most of their time Thursday going over what evidence has been disclosed to the defense and what has not, and what other evidence prosecutors Al Whitaker and Veronica Hansis should be compelled to disclose.

Sheffield wanted any notes that police investigating the case might have kept, but Whitaker objected that the demand was too broad, and prosecutors weren’t obligated to comply.

“They’re asking for something the state is not required to do by law,” he said, adding the meaning of any notes also could be open to interpretation: “It leaves too much to the imagination.”

McBride decided any notes from the primary investigator in 2004, Sgt. Matt Blackstock, should be available to the defense.

The defense also sought any records related to life insurance benefits Haynie received, forensic examinations of any wireless devices or computers, autopsy photos and any notes the pathologist took during that examination.

Whitaker was able to turn over autopsy photos Thursday. He said any notes the medical examiner made during the autopsy likely were recorded, not written down, and the Georgia Bureau of Investigation crime lab would have to follow its policy on divulging such information.

Columbus attorney John Martin, who represents Phillips, asked for any data retrieved from Phillips cell phone, any information related to motor vehicles involved in the case, and any records related to a private investigator’s work on it.

Sheffield repeatedly stressed his belief that police in 2004 had multiple suspects who had reason to kill Smith, but over time shifted their focus to Haynie, who because of the divorce had “the most obvious motive.” He said the investigation “flatlined” in 2005, and gained no momentum until 2013 and 2014, when the “Cold Justice” TV show got involved.

“‘Cold Justice’ encouraged the arrest of my client,” he said.

Today Haynie is 48 years old, and Phillips is 39. Each is charged with malice or deliberate murder.

This story was originally published July 19, 2018 at 5:20 PM with the headline "'Cold Justice' TV show spurred arrest in Kirby Smith killing, ex-wife's attorneys say."