TNT refuses to turn over unaired footage in high-profile Columbus murder case

Attorneys for Rebecca Haynie, charged in the 2004 homicide of her then-husband Kirby Smith, argued in front of a Superior Court judge that the defense should have access to unaired footage and other information from “Cold Justice,” a television show that was broadcast prior to Haynie’s arrest in 2014.

An attorney representing Turner Network Television and TNT Originals countered that the television producers of “Cold Justice” should be shielded by law from turning over raw footage and the defense was “on a fishing expedition.” Judge Gil McBride took the matter under consideration and said he would issue a ruling by Sept. 18.

Haynie and Keith “Bull” 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. 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 and Phillips, each is charged with malice or deliberate murder, were arrested a month before the cable television show aired in July 2014.

“All we have remaining is unpublished materials,” Atlanta attorney Eric P. Schroeder told the court. “What they are trying to do is go fishing for anything else that we might have. They have to show that it is material and relevant and they simply have not done that.”

Authorities have credited the arrests of Haynie and Phillips to the work of the Columbus Police Department’s Robbery/Assault Unit, the Muscogee County District Attorney’s Office and “Cold Justice.” That is one of the reasons that the defense should have access to any evidence that the producers of the television show possess, Haynie’s attorney Jason Sheffield of Decatur, Ga., argued.

“When is the last time this court had a case that was investigated by a television show?” Sheffield asked McBride in his plea to get access to the materials. “They not only participated, they were the lead investigators for the police department.”

“Cold Justice,” which starred Yolanda McClary and Kelly Siegler, worked on the Columbus cased in May and early June 2014, just before the arrests of Haynie and Phillips. Though the show aired on TNT Originals, it was produced by Magical Elves., a California production company.

“TNT and Magical Elves, at the highest levels were making decision about what to air and what the truths were and what to air in the case,” Sheffield said.

Schroeder, the attorney for Turner Network Television, argued that the same law that shields reporters from turning over documents applies to “Cold Justice” and its producers in this case. Sheffield countered it was different because of “Cold Justice’s” participation in the investigation.

Columbus attorney John Martin, who represents Phillips, and prosecutors Al Whitaker and Veronica Hansis watched as Haynie’s attorney fought it out with Schroeder. Martin told the court he sided with Sheffield on the release of the additional materials. Whitaker said that he agreed with Schroeder that the material should not be turned over to the defense.

“The defense wants to make this ‘Cold Justice’ versus the defendants, but the indictment clearly states that it is the State versus the defendants,” Whitaker said.

In addition to the motion to required Turner Network Television to produce the requested materials, McBride heard a number of other pretrial motions. The defense sought to have evidence obtained from a computer that was in Smith’s shop at the time of the homicide suppressed.

Columbus Police Lt. Matt Blackstock, who was the leader detective on the homicide 14 years ago, testified about the search warrant he obtained in March 2004 from then Superior Court Judge Robert Johnston. Sheffield argued that the police search of the “home computer system and all electronic recording devices” exceeded the limits of the warrant.

“I think we are into the pre-digital world at this point,” McBride said. “What is a reasonable degree of specificity and how should it be applied on March 15, 2004?”

McBride denied the defense’s motion.

Staff writer Tim Chitwood contributed to this report.

This story was originally published September 6, 2018 at 5:34 PM.