The two defense lawyers tried to get the charges reduced to second-degree murder, but Schafer wouldn't budge. Bailey flew in on May 9, prepared to defend Schmid on the basis of the absence of a body, implying there was no murder.
#Charles schmid trial
District court to take over jurisdiction and move the case out of the state they managed only to postpone the Rowe trial until April 3, 1967, then continued it to May 10. After seeing the results of ten hours of testing, he announced that he would take the case.
It was a major victory for Bailey, and he entered Schmid's trial with confidence.īailey brought in a polygraph expert, the best he could find, stating that if Smitty lied, he would just turn the results over to his mother and forget about it. Supreme Court ruled on the Sam Sheppard case, saying that he had not received a fair trial, due to all the prejudicial publicity. In June, Bailey accepted a retainer from Schmid's parents and entered the case.
Then Diane Schmid sued for divorce, on the advice of her mother. Then he said he'd do it, but only with Tinney as co-counsel, and only if funds could be raised to pay him. Tinney reportedly said, "there had been psychiatric examinations, and the results would scare the pants off any lawyer."īailey then left town, seeing no reason to become involved. He also met with Tinney and asked why there was no psychiatric testimony. He recommended that Smitty take a lie detector test with a qualified expert.
#Charles schmid crack
He figured he could crack this case open the way he had with the Sheppard case there appeared to be just as much publicity involved. Lee Bailey to see if he might be interested. After hearing an interview by Smitty on a radio station, he contacted F. Smitty contacted another lawyer, Percy Foreman, who could not take the case but who criticized Tinney for not using psychiatric testimony. They postponed his execution date, pending appeal.
He demanded to be able to testify under sodium pentothal, but the court had no power to grant it. However, Smitty was sentenced to be executed on June 17, by lethal injection. The trial was rescheduled for October 4, 1966. The issue had yet to be decided, but on that basis, he wanted to get the Alleen Rowe trial postponed, and Judge Mary Ann Richey granted it. Sam Sheppard, based on pretrial publicity. Lee Bailey's Supreme Court appeal, filed in the case of Dr. His lawyer was interested in what might happen with F.
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