Bail for Anthony Wayne Smith will remain at $1 million
LAX COURTHOUSE — Despite a mistrial in his case last month, a former NFL player accused of burning down a Santa Monica furniture and antique store is still likely to be convicted. As a result, his $1 million bail won’t be reduced, a judge here ruled Thursday.
Anthony Wayne Smith, 37, a defensive end for the Raiders in the 1990s, has been in custody almost a year. He is accused of setting the February 2003 blaze that gutted Simply Sofas on Lincoln Avenue. Prosecutors alleged Smith started the fire in a rage-filled act of revenge, after arguing with the store owner over the value of a statue he left with her to be sold on consignment.
Investigators were led to Smith by partially burnt pieces of mail bearing Smith’s name and address, which were found stuffed inside makeshift fire bombs used to ignite the blaze. The fire destroyed $1.2 million worth of merchandise and caused $900,000 in property damage.
Los Angeles Superior Court Judge Keith Schwartz said Thursday Smith’s lawyers hadn’t presented a logical defense for the circumstantial evidence. Though a jury last month split 7-5 in favor of acquitting Smith, the judge pointed to easily remedied weaknesses in the prosecution’s case and said a conviction against Smith would be probable at a second jury trial.
“The evidence is very strong,” said Judge Schwartz. “There’s a very strong finger pointing towards Mr. Smith and, if these things are corrected, there’s a very strong likelihood Mr. Smith would be convicted.”
“There’s a very strong finger pointing towards Mr. Smith and... there’s a very strong likelihood Mr. Smith would be convicted.” — – JUDGE KEITH SCHWARTZ Los Angeles Superior Court
Judge Schwartz said the prosecution’s weaknesses were apparent when jurors raised questions about the building’s broken alarm system, which wasn’t trigged in the arson. Jurors also expressed their distaste for the investigating officer, who on three occasions during the trial apparently mistakenly played segments of taped police interrogations meant to be left out. The portions in question were censored because they didn’t apply to the charges and were considered prejudicial.
But more critical to the case were shortcomings in the jury itself, added Judge Schwartz, who said at least three jurors were “functionally unable to handle their oath as a juror.”
“One of the jurors believed that aliens set the fire,” said Judge Schwartz, who interviewed the jury after it deadlocked. “Two of the jurors suggested that the investigating officer set the fire... That’s not possible. There’s absolutely no motive or reason to suggest that.
“These jurors are clearly not functioning on a basis that we would like jurors to do. So I can’t put much credence in their decision.”
The denial of a bail reduction was a blow to Smith’s wife, Teresa, and two family friends present for the hearing. Supporters had brought a bondsman to court in the hopes that bail be set as low as $100,000. Smith, who turned 37 in jail on June 20, wore handcuffs and was dressed in an LA County Jail XXXX orange jumpsuit. He turned and smiled at Teresa and their friends as he was led out of the courtroom by a deputy. Smith and his wife have three young children.
Deputy District Attorney Jean Daly, who is prosecuting the case, told the court Thursday new evidence has come forward that further strengthens the prosecution’s case. The exact nature of that evidence is unknown, though lawyers said it partly consists of interviews with witnesses who rebutted Smith’s alternate explanation for how his documents wound up in the bombs.
At trial, Smith’s lawyer suggested the mail pieces were left in an alley behind the store by day laborers, and may have been picked up by a third party who started the fire.
When the Raiders moved to Oakland, Smith said he kept a local mailing address and several boxes of non-essential mail were taken by an assistant to storage. The day laborers were hired by Smith to help move boxes and other items between his office and a storage space in Lancaster, and his condo in a Marina del Rey. When Smith retrieved items from Simply Sofas, the laborers may have mistaken a box of mail documents in the back seat for trash, his lawyer said.
Judge Schwartz said the explanation wasn’t compelling.
“It doesn’t make sense to me,” he said. “It just doesn’t. Even the jurors who voted not guilty, at least the ones I talked to, felt that was really questionable.”
Originally published in the Santa Monica Daily Press print edition on July 2, 2004. Read the original PDF.