Crime & Safety

Jill Smith, Pregnant and No Decision On Bond

No decision was made on a bond for Smith, a suspect in her husband's death, who is also 4 1/2-months pregnant.

Cumming resident Jill Smith, 34, who is 4 ½ months pregnant, remains in jail.

Forsyth County Superior Court Judge David L. Dickinson did not render a decision during Thursday’s bond hearing, but did deny bond for Peter Delaney, 37, of Alpharetta.

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

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Michael Smith died on Oct. 22, 2010 in the couple’s Cumming home at 5540 Kennemore Dr. in the Shepherd's Pond subdivision, during a fire that started in the master bedroom. The medical examiner confirmed Mr. Smith’s death was due to a combination of smoke inhalation and thermal burns (see story).

During Thursday’s bond hearing, in Forsyth County Superior Court, Kyle Epps, one of Smith’s attorneys, revealed that his client is 4 ½ months pregnant and has yet to be examined by a doctor.

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“She has not seen an OB, my client come sits before the court today with 18 screws in her spine, two plates and two prosthetic vertebrae--and any rational person would see that that’s going to be a problem for a person who is pregnant inside a jail,” said Epps.

Additionally, Epps said that his client fell in jail, was transported to the hospital, but was not allowed to talk with any of the doctors there about her pregnancy.

The defense’s argument, during the hearing, was that Smith should be given bond because of her pregnancy, lack of medical care at the jail and his client’s other medical issues.

“To my understanding is that she’s had no prenatal care, hasn’t seen a doctor to determine the viability of the fetus, whatsoever. The only way we know that she’s pregnant is the test the nurse gave her at the jail,” added Epps.

In response by the state, Forsyth County District Attorney Penny Penn, said, “I haven’t heard any evidence that this is true and in fact that she is being denied medical care or that she’s not being given, as alleged in the motion, prenatal vitamins.”

Penn also argued that Smith’s medical concerns could be remedied.

“All the court has to do is sign an order that she needs to be taken to an OB/GYN or that she needs to be seen by somebody and the jail is going to do that. Just the fact that’s she’s pregnant judge, I would submit to you--doesn’t change anything here,” said Penn.

Judge Dickinson did issue an order instructing the Forsyth County Sheriff’s Department to find Smith an OB/GYN to conduct an examination related to her pregnancy.

“I’m also going to require that whoever the physician is who undertakes this effort be made aware of Dr. Sean Keem’s (Smith’s orthopedic doctor) involvement related to the other medical issues that Ms. Smith has--so that the extent that there may be medical necessities that be considered as part of that examination. Then that doctor will have that information and they can communicate,” said Dickinson.

Judge Dickinson said after he receives the results of Smith’s examination, he would see where they are at that point.

Following the bond hearing Epps said, “If the judge gets what he wants from the doctor to satisfy his mind that there is a verifiable medical condition…I think the judge will grant bond.”

There was no mention during the bond hearing as to who the father of Smith’s unborn child is and when asked, Epps would not say.

“That’s not something I’m going to comment on right now…I know who it’s not,” said Epps.

Rafe Banks, Delaney’s attorney also did not comment on who the father might be, but did say, “I know it’s not my client.”

He did mention, in light of the dearth of evidence during his client’s committal hearing in January, they are disappointed with the second denial of bond.

By Georgia law, Smith and Delaney are entitled to a bond if they haven't been indicted within 90 days of their arrest.

Penn, meanwhile, said she plans to present the case to the Grand Jury on March 14.


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