Deal delayed for murder suspect

An anticipated plea deal that could set a murder suspect free about 50 years sooner than his victim's family expected was delayed Thursday for a second time as prosecutors and defense lawyers iron out conflicts that appeared to arise after a closed-doors meeting with a judge.

Kenneth E. Smith was expected Tuesday to enter a guilty plea to second-degree murder and attempted armed robbery charges stemming from the slaying of Lakemoor restaurant owner Raul Briseno during a March 2001 holdup.

However, the proceedings were delayed until Thursday after lawyers from both sides met privately with McHenry County Judge Sharon Prather to discuss the plea deal. On Thursday both sides appeared before the judge in court and asked to postpone the case until Oct. 4.

Attorneys declined comment on reasons for the second delay.

Smith, 31, of Park City, was expected to receive a 35-year prison sentence under terms of the deal both sides believed they had in place Tuesday morning. As part of the deal, Smith would get credit for the six years spent behind bars since his arrest and be eligible for day-for-day good behavior credit while in prison.

That is a significant reduction from the 67-year term Smith received in 2003 after a jury convicted him of first-degree murder for Briseno's killing. But the verdict was overturned and a new trial ordered by a state appeals court that ruled jurors heard improper evidence against Smith.

Since then, the prosecution's case against Smith has suffered numerous setbacks. A witness to Briseno's murder left the country and cannot be found, a jailhouse informant who claims Smith confessed died and a co-defendant, Justin Houghtaling, has recanted previous testimony claiming Smith was the killer.

Briseno's family, however, are angered by the plea bargain, saying it is an injustice for their loved one's killer to serve as little time as Smith would under the proposed deal.