Peter Blake Delaney, the man accused of killing Cumming resident Michael Smith as the result of a house fire in October, made his initial appearance Tuesday in the Magistrate Court of Forsyth County. His alleged accomplice in the murder, Jill Smith, was scheduled to appear, but neither she nor her attorneys were present.

“That was a surprise to everybody apparently, no one knew,” said Forsyth County District Attorney Penny Penn. “The defense attorney had taken the case off the calendar for the day and evidently nobody knew about it.”

According to Penn, Smith has new attorneys, Kyle Epps and Phil Pilgrim.

Delaney and Smith are charged with murder felony and first-degree arson in the death of Smith’s husband (see story).

During Tuesday’s hearing, Investigator Debbie Lindstrom with the Forsyth County Fire Department testified that based on the circumstantial evidence she collected during her investigation, she concluded and in her warrant, charged two people (Delaney and Smith) with setting the fire, though she doesn’t know if they conspired to do it together.

But defense attorney Rafe Banks argued that there is no evidence that point to his client as being the one that set the fire.

Banks drilled Lindstrom when she was on the witness stand.

“What evidence is there did you find in your investigation that Mr. Delaney set the fire as alleged in the warrant?” Banks asked.

Lindstrom said, “Mr. Delaney was intoxicated that night, they both told me two separate stories. There’s evidence of an accelerant, there’s evidence that this is a set fire.”

Prosecuting attorney, James Dunn said to Judge Bramblett that this was a conspiracy between Smith and Delaney to kill her husband.

“The circumstantial evidence, which is what all arson cases are judged, bears that out. And there’s sufficient evidence from this court at this point and time to bound this over to probable cause and I’ll ask that you do so,” Dunn said.

Based on circumstantial evidence provided by the state, along with the testimony heard by Investigators Lindstrom and Sebastian Strano, also with the Forsyth County Fire Department, Judge Walker H. Bramblett did find probable cause on both charges against Delaney. His case will now be bound (turned over) to Superior Court.

The next step for the prosecution will be indictment against Delaney.

“We will prepare the case for presentation to the Grand Jury,” said Penn.

Penn explains if Delaney and Smith do not get indicted within 90 days, which will be before the end of March, then they will have to be given bonds. So far they both have been denied bond.

“I am hopeful that I can get the case indicted before then,” said Penn.

Banks said his next steps would be to take the transcripts of Tuesday’s hearing, attach it to a renewed bond motion and ask the judge to let Mr. Delaney out on bond.

“He’s probably already lost his job for good and his life is already ruined,” Banks said.

Up until his arrest and detention, Delaney worked as an airline pilot for ASA.

Banks added, “…I wanted to have this hearing and get a transcript from it so we can demonstrate to the Superior Court how thin the evidence is. That’s an appropriate factor for the Superior Court to consider in the bond decision.”

Here are some highlights the court heard during Lindstrom and Strano’s testimony based on several factors: interviews conducted with Smith and Delaney at separate times, circumstantial evidence found in the master bedroom, the results of the investigation done by Traveler’s Insurance (the Smiths' insurance provider), the results of the canine detection dog (arson dog), Mr. Smith’s autopsy results.

 -        The Medical Examiner confirmed the cause of Mr. Smith’s death was due to a combination of smoke inhalation and thermal burns.

-        Authorities were told by Delaney that Michael Smith committed suicide

-        Authorities were first told that Delaney and Mr. Smith were friends

-        The night of Mr. Smith’s death he and Delaney had an argument in the Smith’s garage

-        Jill Smith and Peter Delaney have been involved in an affair since December 2009

-        Michael Smith had a $250,000 life insurance policy, Jill Smith is the sole beneficiary

-        The night of the fire Michael Smith and Peter Delaney were intoxicated

-        The night of the fire three adults and one minor child were in the house

-        On Oct. 25, an origin and cause investigation was conducted by Traveler’s Insurance

-        During the investigation lab results confirmed there was presence of gasoline, in several areas of the master bedroom

-        On Nov. 9, a canine detection dog made seven indications for accelerant in the master bedroom