Former medical examiner returns to court - WMC Action News 5 - Memphis, Tennessee

Posted by: George Metaxas, 1/25/05, 8:43 p.m.

Former medical examiner returns to court

A controversial former medical examiner went before a judge Tuesday. It was the latest twist in a plot where investigators say he planned an attack on himself. In June of 2002, Smith claimed he was attacked outside his office and bound in barbed wire with a bomb strapped to his chest. A grand jury indicted Smith for lying about the attacks. Now they want his attorneys to determine whether one expert's testimony was legitimate.

The testimony in question came from Dr. Park Dietz. Dietz received national attention following the Andrea Yates case, when a Texas appellate court ruled his testimony was false. The judge decided that testimony probably effected the jury's decision. That ruling lead to Yate's conviction being overturned. That's why O.C. Smith's lawyers filed the motion that was heard Tuesday. Gerry Easter, Smith's attorney said, "If a witness is under oath, and is found by an appellate court to have done that, then this court ought to know, and that's why we got into it and brought it out." The judge made no ruling on the hearing. Dr. Dietz and his associates have also testified or consulted in other high profile cases such as the Jon-Benet Ramsey murder case, and the assassinations of Rev. Martin Luther King jr., and Medgar Evers.

Smith is accused of staging an attack on himself in 2002, in which he was wrapped in barbed wire with a bomb strapped to his chest. In February 2003 Smith resigned from his job Shelby County medical examiner. He is facing Federal Charges for faking that attack.

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