Forest Hill owner may not have money to hire attorneys

Clayton Smart walked into a Shelby County criminal court room wearing a yellow prison suit.

Smart, accused of stealing millions from burial policy holders, may not have the money to hire an attorney.

He contacted Attorney Leslie Ballin to represent him but its not clear if Smart has the money to hire Ballin.

"Mr. Smart has contacted my firm Randy Fishman and me concerning the civil case and the criminal case. Chancellor Goldin has issued a temporary injunction controlling Mr. Smart and what he can and cannot do with assets," says Ballin.

Ballin says Goldin must agree to funds so Smart can pay for an attorney.

If not, Smart might have to get a public defender. Right now, Smart is being held without bond.

He will remain behind bars until at least June 29th when his case was reset.

Smart could also get a bond at that hearing but it's something prosecutors will fight.

Prosecutor Linda Kirklen says, "we have asked for no bond but he will be entitled to a bond under Tennessee law so that is something the judge will have to address."

Donald Foshee wanted to see Smart face to face in court.

His mother had a burial policy. Foshee says when it was time to bury his mother, Forest Hill wanted $4,000.

"I think this is where he needs to be I think he has taken advantage of a lot of innocent that didn't deserve this," says Foshee.

Foshee would like to see Smart spend the rest of his life behind bars.

Stay tuned to Action News 5 for updates on this developing story.


to email Janice Broach.