Smith defense exploits lack of physical evidence

Defense lawyers for Kenneth Smith attacked the murder case against him Tuesday, calling police detectives and forensic scientists to testify about the lack of physical evidence connecting him to a 2001 slaying outside a McHenry restaurant.

Witnesses told jurors they found no blood, weapon, fingerprints, hair, DNA or anything else that could place Smith, 32, at the murder scene or link him to the murder of Raul Briseno, a Lakemoor businessman shot to death while chasing two robbers out of his Burrito Express.

Smith, of Park City, is on trial for a second time on first-degree murder and attempted armed robbery charges alleging he fatally shot Briseno when the 35-year-old victim caught his co-defendant, Justin Houghtaling, as they fled a failed stickup of the restaurant.

He was found guilty of the charges in 2003 and sentenced to 67 years in prison. But an appellate court overturned the verdict two years later and ordered a new trial, ruling that jurors heard improper evidence.

Houghtaling, of Round Lake, initially confessed and took a plea deal to testify against Smith, but last week he recanted on the witness stand.

Smith's attorneys are expected to wrap up their defense Wednesday and the case could be in jurors' hands Thursday afternoon.