2003 fire caused more than $2M in damage
By Daily Press staff
LAX COURTHOUSE — Former LA/Oakland Raider Anthony Wayne Smith is on trial once again for allegedly burning down a Santa Monica antiques and furniture store.
Six months after a judge declared a mistrial in the case against Smith, prosecutors are trying for the second time to convince a jury the ex-Raider set fire to Simply Sofas on Lincoln Boulevard in a rage-filled act of spite, after arguing with the store’s owner, Marilyn Nelson.
Investigators tied Smith to the fire after finding partially burnt mail and other pieces of paper with Smith’s name and address printed on them inside fire bombs used to start the blaze. The bombs were made from five-gallon water jugs, filled with gas and paper scraps.
Both Smith, a 37-year-old father of three, and his wife took the stand during the first trial. Smith testified he didn’t know how the papers with his name wound up inside the bombs.
Smith’s attorney in the first trial suggested a possible scenario the judge later dismissed as unlikely. That scenario had day laborers hired by Smith mistakenly throwing away the documents behind Simply Sofas, where the actual arsonist found and used them. One thing is clear — Smith and Nelson had a fallout days before over the value of items Smith left at the store to be sold on consignment. the Raiders through nine seasons in the 1990s, Smith, has been held in lieu of $1 million bail since the summer of 2003. A jury in June split 7-5 in favor of Smith, with many of them saying the evidence didn’t add up to a conviction.
Lawyers delivered opening statements in the second trial on Friday, and prosecutors on Monday called several witnesses to testify. The case is expected to last nine days. It is being heard at the Airport Courthouse near LAX by Los Angeles County Superior Court Judge Keith Schwartz.
The February 2003 fire consumed $1.2 million in merchandise and caused $900,000 in structure damage. Nelson, who quickly was ruled out as a suspect, said she netted some $2.8 million and profited more than $520,000 the year before the blaze.
Originally published in the Santa Monica Daily Press print edition on December 7, 2004. Read the original PDF.