GREENFIELD — The trial of Brittany Smith, who is accused of double homicide, began emotionally Friday, with Smith’s mother and the victims’ family testifying for the prosecution.
Smith, 29, of Athol, is charged with the murder of Thomas Harty, 95, and the fatal wounding of Harty’s wife, Joanna Fisher, 77, during an invasion of the couple’s home in Orange on Oct. 5, 2016.
The prosecution, led by Assistant District Attorney Jeremy Bucci, alleges Smith and her boyfriend Joshua Hart, 25, of Athol, decided to “overpower” and kill the elderly couple in order to steal their car, money and flee the state to escape the consequences of prior arrests for car theft.
Smith’s mother and uncle explained Smith’s heroin addiction to Judge John Agostini and the 14-person jury — impaneled just hours before the testimony.
“I tried to help her,” said Dennis Brooks, Smith’s uncle, who had previously found Smith a bed at an in-patient drug rehabilitation facility, where Smith stayed for about a week.
Brooks told the prosecution he saw Smith on the night of the home invasion walking with an unknown male in the direction of the victims’ home.
According to Bucci, Smith and Hart were trying to run away together because Hart had warrants from Pennsylvania for his arrest, and Smith wanted to avoid jail and court-ordered drug treatment.
Smith’s mother, Nicole Smith, tearfully confirmed the prosecution’s allegation that Smith was about to be sent away.
“I knew she was going to have to go to court for the car,” Nicole Smith said, explaining that on Oct. 6 — the day after the home invasion — she and her daughter had agreed to go to court together, where Smith would have faced court-ordered rehabilitation and her mother taking custody of Smith’s child.
Smith cried Friday in court as her defense attorney, Mary Anne Stamm, held her shoulder while they listened to her mother’s testimony. Smith’s mother cooperated with police when they began investigating her daughter.
According to Nicole Smith, she received two phone calls from Smith — the number was blocked — after the incident, in which Smith said, “Hi, Momma. I love you.” Nicole Smith informed the police of the calls, and the police were able to track the cell phone after its number was revealed by Verizon.
Smith and Hart were eventually apprehended in Rockbridge County, Va., having been tracked by Massachusetts State Police who were tracing cell phone tower signals, as well as fraudulent usage of the victims’ credit cards. The victims’ stolen Toyota Matrix was also found in Virginia.
Nicole Smith let police K-9s sniff an article of clothing her daughter had worn. During Hart’s trial, the K-9 handler who met with Nicole Smith traced Smith’s scent from her grandmother’s home to the victims’ home.
Nicole Smith told the jury she just wanted her daughter to be found.
“It wasn’t about cooperation. I wanted my daughter home safe,” Nicole Smith said. “She was with a dangerous person.”
Hart has already been convicted of two counts of murder in the first degree, each of which carries a mandatory minimum sentence of life imprisonment without the possibility of parole. He is expected to be sentenced May 10.
According to Bucci, Smith and Hart murdered Harty and Fisher together, a “joint venture” which was premeditated and which Smith and Hart had planned to assume different roles.
“(Smith’s) role was to take care of the woman,” Bucci said. “They saw the (wheelchair) ramp and knew the victim was handicapped.”
Fisher, who died from her injuries about a month after the attack, was partially paralyzed due to a spinal stroke she suffered in 2013.
Bucci said she was thrown from her wheelchair, beaten, stabbed and suffocated during the attack. These were confirmed as facts during Friday’s testimony from the doctor who initially treated Fisher, and the Catholic Charities nurse who found Fisher lying on the floor when she arrived for a scheduled visit the day after the attack.
Dr. Nam Heui Kim said the broken ribs and compressed lung Fisher suffered in the attack made her naturally adverse to taking deep breaths. This can lead to conditions like pneumonia, which Fisher ultimately died from, especially in elderly people, Kim said.
“A person with broken ribs is disinclined to take deep breaths because it hurts,” Kim said. “Most people don’t notice it, but every now and then everyone takes a deep breath.”
According to Bucci, Smith and Hart watched the victims through their windows in the dark of night.
“She (Smith) realized she (Fisher) couldn’t move,” Bucci said, adding that Fisher was “a person who posed absolutely no threat to her (Smith).”
Bucci also called Fisher and Harty “fighters” and gave family members a chance to talk about the victims’ lives. Fisher’s health was improving; diligent about her exercises, she was about to make a plan with her nurse to learn how to walk again.
Harty, who was still working as a tool salesman at 95 years old, was about to plan a trip to hike the Grand Canyon, which he had hiked dozens of times.
Smith’s attorney chose not to make an opening statement Friday, and will make her statement after the commonwealth presents all its evidence and calls all its witnesses. According to Agostini, the Superior Court trial at the Franklin County Justice Center is expected to conclude next week.