The Grand Jury – April 23, 2013

Court File: 49-CV-13-532

  • Dr. Mills, who performed the autopsy of Haile Kifer, stated that she tested positive for marijuana and Dextromethorphan, which would have rendered her intoxicated at the time of death. A grand juror asked her if either Brady or Kifer sustained disabling shots. She testified:

    “An individual getting any of those types of wounds striking vital structures would have altered, to a degree, but not rendered them unconscious or unable to move.”
  • Byron Smith was confronted by two hooded strangers descending the staircase of his very residence. The strangers had just shattered a window and entered his home by force. His home had previously been burglarized, during which firearms had been stolen. If a person cannot lawfully defend their self in this circumstance, it is very difficult to envision a circumstance upon which the defense of one’s dwelling by use of deadly force would be lawful. No rationally acting jury could arrive at the conclusion that a defendant was not engaged in the lawful defense of himself as he sat in the midst of a physically violent invasion by unknown persons.

  • Both mothers testified at the grand jury hearing. (Note: Neither of these two were currently living in the homes of these parents at the time of their deaths.) They each brought photographs of their children during their junior year of high school to show to the jurors. The testimonies provided no evidence relevant to the issues under consideration, but to stir the grand jury’s sensibilities against the defendant and impassion them. This is improperly influential.

    • Grand Juror 23 asked Kifer’s mom if Hailie had any prior convictions with law enforcement. She stated she had a minor consumption and that was all. Fact not given to Grand Jury: Jenny Kifer was not totally forthcoming as Hailie had a previous record of shoplifting at Coborn’s on August 24, 2012. – Incident Report 12004208. Little Falls PD.

    • Fact not presented to Grand Jury: Nick Brady was also cited for damage to property, along with Cody Kasper and Kody Henkemeyer. Incident report 1103606 in July of 2011.

    • BCA Chad Museus testified and was asked by Juror 8 about text messages on Brady and Kifer’s phone. (Text messages two days before the October 27th break-in of Smith’s home indicated Kasper and Brady planning to go to “byrans”). Museus stated to the grand jury that, “We don’t have any information on the text messages that would indicate anything regarding the Smith residence at all.” See the Text Messages

    • When Jeremy Luberts testified before the grand jury he was asked by Juror 23 if the kids had any prior convictions, to which he stated: “Not that I am fully aware of.” Fact not presented: It should also be noted that it was very public knowledge that these two had done a home invasion to Richard Johnson’s home on the evening before Thanksgiving as Brady’s car contained prescription medicines from that home, along with other items stolen from the Johnson home. In fact text messages between Kifer and Rachel Brady on Thanksgiving morning indicate that Kifer obtained a black dildo and anal beads, also found in the car that Brady had driven to burglarize the Smith home. When BCA Agent Museus was asked about these messages by Juror 8, he stated that these messages were “ A Hi, how-are-you-doing” kind of text. He answered “No,” when asked if it was relevant to the investigation. Is the fact that Rachel Brady is asking Hailie Kifer “what they got” not relevant to a home invasion plan gone wrong at the Smith home? See the items stolen from multiple residences found in their car

  • The prosecutor’s opening statement to the grand jury led them to believe that the defendant was waiting in his basement and watching everything from beyond his house by video surveillance: “And at about 12:33 he heard someone trying to open the knobs of the doors on his house, and he saw someone peer into the picture window. And he had a surveillance video around the house, so he had access of that, as well, knowing who is there, knowing the size of a person, knowing essentially what he looked like. And he waited. And he heard glass break. And he waited. And then he heard someone come in. And he waited. And then he heard someone come downstairs to the lower level, where he waited.”

    • Fact not given to Grand Jury: The actual video surveillance equipment was seized from a different room than where the deaths occurred. Orput’s comments about “knowing who is there” are terrifically improper. Byron Smith had no idea who was violently entering his home by his statements given to authorities after the shootings. Furthermore the video screen on the recorder is small making it almost impossible to know the size of a person. The girl had a hood tied over most of her face, so “knowing essentially what he/she looked like” was not possible either.

  • The prosecutor stated to the grand jury that Ms. Kifer told defendant “I’m sorry” before he shot. That statement is not on the recording. For the prosecutor to instill in the minds of the grand jurors that she apologized before he shot is to present false information that could never be proven.

  • The prosecutor also stated that at the end of the day on November 22, 2012, Smith “surfed the internet” and went to bed as though nothing out of the ordinary had happened. Again, the prosecutor did not and cannot provide evidence of that because it never happened. According to Smith’s statement, he was in a “hiding place in the back of the store room.” He was too afraid to go upstairs because he thought somebody with a gun may be looking in the windows. The statement of Smith “going to bed” eroded any chance of the grand jury giving serious thought to a self-defense of dwelling claim. Also, BCA Agent Donny Cheung reported that on November 22, 2012 there was NO internet usage. The prosecutor’s statement that Smith “surfed the internet, went on eBay” is directly contradicted by the BCA’s own agents.

Juror Sympathy

Not In Court File

One grand juror named Mary called into a daytime WCCO talk show during the actual jury trial in April of 2014 and exposed details about the grand jury process and their deliberations. She stated that she truly came to believe that Byron Smith lured and waited for these intruders to come on Thanksgiving so he could shoot them. It is not known if she was ever prosecuted for misconduct as jurors are sworn to secrecy regarding the proceedings. An attorney notified Judge Anderson regarding the incident.

Another grand jury member, Therese Waddell, publicly acknowledged that she was on the grand jury. Witnesses at her place of employment tell that she was going to vote for an indictment based upon the fact that she also had a teen-age son that was shot in Florida.

Another female member of the grand jury was also known to have lost a teen at a young age.