Suspects In Cumming Man’s Death To Have Bond Hearing

Jill Smith and Peter Delaney, charged with murder felony and first-degree arson in the death of Smith’s husband, () will appear before a Forsyth County Superior Court judge Thursday for a bond hearing.

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.

After hearing testimony on Feb. 1 and Jan. 18, respectively, Smith and Delaney’s cases were bound over to Superior Court by Magistrate Court Judge Walker H. Bramblett.

A decision is expected during Thursday’s bond hearing as to whether Smith and Delaney remain in jail or are given bonds.

“They ought to let him out on bond, because they have zero evidence,” said Rafe Banks, defense attorney for Delaney.

During Delaney’s preliminary hearing in January, Banks argued that there is no evidence that point to his client as being the one that set the fire that killed Mr. Smith. 

Banks said he is “eternally optimistic” that his client will be released on bond.

In an interview with Cumming Patch, Phil Pilgrim, one of Jill Smith’s defense attorneys said, “Thursday we want the judge simply to reconsider the issue for bond.”

Pilgrim said he and his partner, Kyle Epps, would be revisiting a lot of the same issues they had the first time they went forward in front of the judge regarding several matters.

“We don’t believe that she is a flight risk or that she poses a significant risk to the community,” said Pilgrim.

During Thursday’s hearing, Pilgrim said they would also ask the judge to take into consideration Smith’s medical condition that she has been diagnosed with, but he would not give any details as to what those conditions are–just yet.

Like Banks, Pilgrim does not believe the state has enough evidence against his client.

“I said at the preliminary hearing as well, that the evidence is extremely thin,” said Pilgrim.

Forsyth County District Attorney Penny Penn told Cumming Patch that she is still objecting to a bond for Smith and Delaney, based on a variety of things.

“One is the state’s evidence, one is the factors of the court considers for bond. It’s also based on the arguments that I anticipate they are going to make tomorrow that they are raising–the second time now that they have asked for a bond,” Penn said.

Superior Court Judge David L. Dickinson will be presiding over Thursday’s bond hearing, scheduled for 9 a.m. at the Forsyth County Courthouse, 100 Courthouse Square, in downtown Cumming.