Sunday, July 17, 2011

Woodstock, IL: Murder suspect gets OK to speak with wife

By SARAH SUTSCHEK - ssutschek@nwherald.com

WOODSTOCK – The man charged with murder for the death of a Prairie Grove man will be allowed to communicate with his wife, who faces her own criminal charges.

A May 30 no-contact order had prevented Timothy S. Smith, 26, from communicating with Kimberly A. Smith, 29, whether it was directly, indirectly, in person, by another person or by mail.

Timothy Smith requested to be allowed to communicate with his wife, who told a judge in June that she was two months’ pregnant. McHenry County Judge Joseph Condon granted the request Friday.

While Kimberly Smith posted $1,500 bail and was released from custody, Tim Smith remains in jail on $900,000 bond. Assistant State’s Attorney Michael Combs did not object to the request.

Combs said Timothy Smith’s phone calls from the jail were recorded, and prosecutors would have access to them.

“I don’t even know if she’s going to pick up the phone,” Combs said. “If they’re dumb enough to talk about the case, let them.”

The judge also previously signed a court order allowing any money in Timothy Smith’s wallet or his impounded vehicle to be turned over to Kimberly Smith.

Timothy Smith was indicted on charges of first-degree murder, pandering, obstructing justice, and pimping.

Kimberly Smith is charged with obstructing justice, false report of an offense and prostitution.

Timothy Smith is accused of acting as his wife’s pimp and shooting and killing Kurt Milliman, 48, over Memorial Day weekend after a dispute at the Smiths’ home on Doty Road near Woodstock. Police said Milliman had responded to a Craigslist ad posted by the Smiths, and Kimberly Smith agreed to have sex with Milliman for $40.

The obstruction of justice charges stem from Kimberly Smith allegedly telling a deputy that a home invasion had happened, knowing that was untrue. She also told an officer that her husband was not home when Milliman came into the house, police said.

Timothy Smith is accused of planting false evidence by arranging for his wife to call his cell phone to make it appear that he was not home at the time.

Milliman was a former court security officer at the McHenry County Government Center and a civil process server. He owned Dirty Hog Saloon in Island Lake and sold insurance.

Combs also requested and was granted, with no objection from Timothy Smith’s public defender, an order for a representative from the McHenry County Sheriff’s Office to take Timothy Smith’s fingerprints.

Timothy Smith’s next scheduled court date is July 21; Kimberly Smith’s is July 22.

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