Muscogee DA won’t seek death penalty in murder trial tied to ‘Cold Justice’ TV show
The two defendants in a 2004 Columbus cold case homicide closely tied to a reality TV show won’t face the death penalty, and it’s possible the case may not come to trial at all.
Muscogee County District Attorney Mark Jones said he won’t seek the death penalty against Rebecca Haynie and Donald Phillips for the 2004 killing of Haynie’s then-husband, auto shop owner Kirby Smith. Haynie was allegedly in a romantic relationship with Phillips at the time.
Jones made the announcement during a five-hour court hearing Thursday afternoon. He said he thinks Haynie and Phillips killed Smith so Haynie could collect insurance money and avoid a costly divorce. The pair “should die” for what they did, Jones said.
But Jones later added that the Smith’s loved ones wanted the trial to come before a jury. Making the proceedings against Haynie and Phillips a capital punishment case could have caused delays, so Jones said the victims consented to his decision to ultimately not seek the death penalty.
“I hate that I had to take (the death penalty) off,” Jones said after court.
Foss Hodges, an attorney representing Haynie, told the Ledger-Enquirer they are pleased that Jones no longer is seeking the death penalty.
“Sometimes, it’s just however you can get those victories,” he said. “That’s great.”
Trial delays
Superior Court Judge Gil McBride did not rule on a second motion filed by the defense alleging Haynie and Phillips’ Sixth Amendment rights to a fair and speedy trial were violated by repeated delays caused by the prosecution.
The defense has long claimed that delays in the case have hurt their clients’ rights. Police arrested the pair on June 5, 2014, while the “Cold Justice” TV episode about Smith’s unsolved murder was in production. Haynie and Phillips were indicted on Aug. 30, 2016.
Prosecutors previously disobeyed court orders to produce evidence in the case, and McBride has acknowledged that Jones, who took office in January 2021, was not to blame for the failure to turn over discovery documents.
Jones told the court Thursday that the state was ready to try the case before the COVID-19 pandemic hit. He alleged that filings by attorneys representing Haynie and Phillips also contributed to recent delays in the case. The suspects, Jones said, are “afraid of the truth” and don’t want to appear in front of a jury.
McBride said his decision on whether to dismiss the case over speedy trial concerns could come within the next 30 days.
“We’ve been preparing for a jury trial for all the years that I’ve been involved with the case — for five or six years,” Hodges said in an interview. “We have evidence to put in front of a jury to demonstrate that our client is innocent. ... We are hopeful the judge will make the right decision (and) dismiss our case.”
This story was originally published September 9, 2021 at 7:14 PM.