Witness in murder trial says he was coerced

A key prosecution witness in the retrial of a Park City man found guilty for the murder of a Lakemoor businessman says a lead McHenry County prosecutor forced him to lie in exchange for a plea deal.

During the opening day of the second trial for Kenneth E. Smith, Justin Houghtaling, 26, formerly of Round Lake, told the defense under cross-examination that neither he nor Smith were involved in the March 2001 shooting of Raul Briseno during a botched robbery of Briseno's McHenry restaurant.

Briseno, who also owned a restaurant in Wauconda, was gunned down as he chased the would-be robbers out of the business with a knife.

Despite telling prosecutors Wednesday that he and Smith entered the Burrito Express restaurant in McHenry with the intent to take money, Houghtaling changed his story when asked by Smith's defense attorney, Christoper Parente, to recount the events of March 6, 2001.

"They are forcing me to lie because they want to convict Kenny Smith," said Houghtaling, who cut a deal with county prosecutors shortly after he and Smith were charged with first-degree murder. "They told me if I don't give them the testimony they want me to testify to, they'll revoke my plea agreement."

Houghtaling told the court and McHenry County Judge Sharon Prather on Wednesday that McHenry County prosecutor Robert Beaderstadt was forcing him to lie.

In exchange for testimony against Smith and fellow co-defendant Jennifer McMullan, Houghtaling received the minimum 20-year prison sentence.

Furthermore, Houghtaling said he could not remember many details from a taped interview by McHenry police in May 2001 in Omaha, Neb. Omaha police arrested Houghtaling on May 12, 2001, as he passed through town on a Los Angeles-bound Greyhound bus.

Assistant State's Attorney Michael Combs asked Houghtaling if he remembered telling investigators that the robbery was Smith's idea and that it was Smith who had the gun, to which Houghtaling replied that he could not remember.

"That's what prison life will do to you," Houghtaling said. "You deteriorate."

Without Houghtaling's testimony, prosecutors have no witness who can say they saw Smith kill Briseno, no weapon linking Smith to the crime, and no forensic evidence placing Smith at the scene.

Smith initially was convicted of first-degree murder in 2003 and sentenced to 67 years in prison. The state's strongest evidence came from Houghtaling, who testified during McMullan's trial that he saw Smith shoot Briseno.

But in 2003, Houghtaling reneged on a promise to testify against Smith. To overcome the witnesses' refusal to take the stand, prosecutors re-enacted Houghtaling's testimony against McMullan.

Though the court room drama resulted in a guilty verdict against Smith, a state appeals court overturned the verdict two years later and ordered a new trial. The court ruled that jurors improperly were read testimony that blamed Smith for the murder.

The retrial continues at 9 a.m. Thursday at the McHenry County Courthouse.