Ex-LA/Oakland Raider in custody on $1M bail
After firing his attorney and a judge denying a reduction of his $1 million bail, the man accused of setting fire to Simply Sofas furniture store on Lincoln Boulevard is scheduled to stand preliminary trial next week.
Anthony Wayne Smith, 36, a standout defensive end for the Raiders in the 1990s, is charged with one count of felony arson for the Feb. 13 fire. His preliminary trial is scheduled for Wednesday before Los Angeles Superior Court Judge Katherine Mader at the Airport Courthouse near LAX.
Smith, of Marina del Rey, has been in custody since his July 15 arrest. He relieved attorney Ted Yamamoto from the case last month, apparently because he did-n’t like Yamamoto’s investigator. Yamamoto lost an earlier bid to reduce Smith’s bail from the court-ordered amount of $1 million.
“We were ready,” said Yamamoto, adding he had retained a second investigator and a fire expert. “I don’t want to get into the reasons why he didn’t like my investigator. I think it’s kind of a personal thing. I don’t think it was a reflection on me.”
But Yamamoto said he was surprised by the move.
“I think, personally, we had a winner,” he said.
David Houchin, Smith’s new attorney, didn’t return calls. It’s unknown if he will ask to have Wednesday’s trial continued to get more familiar with the facts of the case. Preliminary trials allow a judge to decide if enough evidence exists for the case to warrant a regular trial.
The case is being tried by Los Angeles Deputy District Attorney Jean Daley, who is part of a special arson unit. Probably the two most important pieces of evidence likely to be used against Smith is an argument he had with Simply Sofas owner Marilyn Nelson shortly before the fire and evidence found after the blaze that allegedly links Smith to the blaze, Yamamoto said.
It is unclear what that evidence is, though prosecutors are expected to present it at the preliminary trial.
“It’s a situation where there’s a logical, reasonable explanation for all of that,” Yamamoto said. “I can’t talk about it, because if it leaks to the prosecution they may try to shortcut it and diffuse it.”
Smith played for eight seasons with the Raiders. He was a first-round draft pick from the University of Arizona in 1990 and played in the NFL from 1991 to 1997. During his pro career, Smith amassed 178 tackles and 58 sacks.
Nelson, owner of Simply Sofas, said she had no idea Smith was a suspect in the fire, which caused $4 million in damage, until shortly before his arrest. Smith had sold personal items, such as swords and marble obelisks, on consignment in Nelson’s store after moving out of a large house in Playa del Rey.
Nelson said the relationship between her and Smith deteriorated over a money dispute relating to personal items he was trying to sell at the store.
Friends and family members have repeatedly stressed that Smith is a family man with strong values and a commitment to the community.
Vito Rotunno, Smith’s business partner and godfather of his oldest daughter, said it doesn’t make sense that Smith would set a fire over a $500 or $600 dispute. He added that Smith volunteered at area schools and was a regular participant at St. Augustine’s By-the-Sea, an Episcopal church on Fourth Street.
Yamamoto said one legal strategy for beating the arson charge would be to put Smith on the witness stand for as long as possible.
“If the jury ever understands Anthony’s personality and gets familiar with it, they’ll (see that) he wouldn’t do that — argue, threaten,” Yamamoto said.
“If the jury ever understands Anthony’s personality and gets familiar with it, they’ll (see that) he wouldn’t do that — argue, threaten.” — — TED YAMAMOTO Attorney
Originally published in the Santa Monica Daily Press print edition on November 8, 2003. Read the original PDF.