NFL player expected to take the stand today
LAX COURTHOUSE — Jurors here on Thursday were shown taped recordings of the interrogation of a former NFL player who allegedly set fire to a Santa Monica business in what prosecutors describe as a rage-filled act of revenge.
Anthony Wayne Smith, 36, a defensive end for the Los Angeles and Oakland Raiders in the 1990s, repeatedly denied responsibility for the February 2003 blaze, which gutted Simply Sofas and Lona Antiques on the 2300 block of Lincoln Boulevard, causing more than $2 million in damages.
Prosecutors allege Smith ignited the blaze after fighting with the business owner over payment for a handful of items he left at the store on consignment. Smith’s name and address were found on partially burnt pieces of mail wedged into over-sized water jugs, which were filled with gas and used as fire bombs.
During the interrogation, Smith said it would be stupid for him to start the fire over just a few hundred dollars. As to the evidence against him, Smith said he has shredded all of his mail since his identity was stolen and millions of dollars was spent against his credit.
He had no explanation for the magazines, catalogs and other items bearing his name found in the bomb, which were several years old.
“I’m a college graduate, I’m not dumb enough to throw a fire bomb in a place and put my stuff in it,” Smith told Santa Monica Police Department Sgt. Robert Almada in a July 7, 2003 interview. “I don’t solve my disputes that way, I don’t do it... Listen, I’m as blown away as you are. I am. I’m blown away.”
Michael Houchin, Smith’s lawyer, has suggested the documents were picked up by a third party after being mistakenly left by Smith, who was moving out of a storage space at the same time he dropped off some items at Simply Sofas.
Smith also indicated in the taped interviews he would be willing to take a polygraph test, but only on the condition that Almada drop the investigation if he passed the test, something Almada could-n’t guarantee.
Throughout the investigation, Smith sounded cooperative and repeatedly said he was willing to answer any question, though he grew agitated when Almada pressed him on the financial details of his arrangement with Marilyn Nelson, the owner of Simply Sofas and Lona Antiques.
The second interview, filmed July 15, 2003, ended with Smith’s arrest. Prosecutors declined to comment on the interviews, which together lasted about an hour. Houchin said the tapes didn’t do much for the prosecution’s case because Smith didn’t react to repeated prodding.
“He looked OK,” he said. “I’d have gotten a little more pissed than that.”
Religious leaders from St. Augustine’s By-the-Sea, an Episcopalian Church on Fourth Street in downtown Santa Monica, have attended much of the trial. On Thursday, two friends of Smith’s were present in the courtroom. Smith was a regular church goer who volunteered his time for several local charities.
Smith and his wife are expected to testify in the trial today, before lawyers make their closing arguments and hand over the case to jurors. If convicted, Smith, who is being held in lieu of $1 million bail, faces a maximum of nine years behind bars.
Los Angeles Superior Court Judge Keith Schwartz, who is presiding over the trial, ordered a doctor visit for Smith Thursday night after Houchin said he was suffering from diarrhea and feeling ill. Houchin had asked the judge to delay Smith’s testimony until today, adding Smith didn’t eat his lunch and wasn’t able to articulate when the two discussed the case.
“My concern is what his demeanor may be before a jury,” Houchin said. “My concern is that he may not have the best appearance at all.”
Originally published in the Santa Monica Daily Press print edition on June 4, 2004. Read the original PDF.