Smith, Delaney Trial Continued

The Forsyth County arson-felony murder trial of Jill Smith, 35, and Peter Delaney, 38, has been continued to February, according to the office of Superior Court Judge David Dickinson.

Smith and Delaney , both have been charged with felony murder and first-degree arson.

The charges stem from a Oct. 22, 2010 blaze that started in the master bedroom of the Smith home on Kennemore Drive in the Shepherd's Pond subdivision. The medical examiner confirmed . Mrs. Smith was 34 at the time and Mr. Delaney was 37.

During Delaney's first hearing in Magistrate Court on Jan. 19, 2011, testimony was heard that during the investigation lab results confirmed there was presence of gasoline in several areas of the master bedroom.

Delaney's attorney Rafe Banks said the state asked for a continuance based on information of an independent test that revealed there was no excellerant [gasoline].

Cumming Patch has learned that a motion for criminal history of defendants and victim was filed by Smith's attorney's, Phil Pilgrim and Kyle Epps, on Jan. 10, 2012. The motion states, "Defense Counsel has recently learned that the criminal histories may contain Brady material relevant to the issues in this case."

According to the U.S. Legal Website:

Brady material refers to a piece of evidence known to the prosecution that is important for establishing the innocence or reducing the punishment of a defendant. Prosecution must disclose evidence that would help in proving the innocence of a defendant and also which helps in reducing the gravity of punishment.

Smith and Delaney remain in the .