Brittany Smith, facing a Nov. 2 murder trial in the 2018 death of Joshua Todd Smith, 38 of Jasper, Tennessee, will remain out of jail despite failing to comply with conditions of her bond, according to Circuit Judge Jenifer Holt.
Holt denied state prosecutors’ motion to revoke Smith’s bond, however, Smith must comply with the conditions of the bond until the Nov. 2 trial.
In a court order Tuesday, Holt said Smith needs to be readily available to assist her attorneys in preparing for trial.
“She can provide more assistance to her attorneys if she is not confined in jail,” wrote Holt.
Smith, who maintains she was raped and acted in self-defense when she shot and killed Todd Smith, has been out of jail on a $100,000 bond since April 2018.
State prosecutors filed the first motion to revoke Smith’s bond on May 8, alleging she failed to report to the Jackson County Court Referral office for drug screening on April 30.
Prosecutors filed a second motion on May 13, alleging Smith failed to report and test after her color was called on May 11. Prosecutors allege that Smith failed to provide documentation establishing her inability to test.
A third motion was filed on June 9, alleging Smith tested positive for amphetamines, methamphetamines and alcohol on June 5.
Smith was not arrested on the state’s motions due to the issuance of a stay of proceedings in the trial court while her petition for writ of mandamus was pending in the appellate courts.
Holt said the issues before the appellate courts have been resolved, and the stay has been lifted. Holt said rather than issue a writ for Smith’s arrest, the court set the bond revocation issues for hearing last Friday.
Holt said the court found that Smith failed to comply with the conditions of bond by her use of illegal drugs and alcohol. Holt also said state prosecutors met its burden of proof that Smith failed to report for drug screenings on April 30 and May 11.
Holt added that Smith proved to the satisfaction of the court that she was hospitalized and receiving medical treatment at Highlands Medical Center from April 26 to May 4.
Holt said Smith provided no reasonable explanation for her failure to report for drug screening on May 11. However, Smith’s mother testified that Smith was unable to report on May 11 because she was at the beach on vacation and was unable to get to the office for screening prior to an appointment with her nephrologist in Huntsville.
While denying the state’s motion to revoke Smith’s bond, Holt said the purposes of the bond can be met, at this time, if Smith’s color is changed to random weekly drug screenings for the seven weeks pending trial.
“If the defendant fails to report to the Office of Jackson County Court Referral at the time and place as directed, defendant tests positive for the use of illegal drugs or alcohol, or defendant fails to comply with any other condition of bond, the defendant shall be immediately arrested and remain in Jackson County Jail pending trial,” wrote Holt.