GREENFIELD — Brittany Smith’s fate now rests in the hands of 12 jurors.
The prosecution and defense gave their closing arguments Friday in the Superior Court trial of Smith, 29, of Athol, who is accused of an Oct. 5, 2016, double homicide in Orange.
The jury, which Judge John Agostini described as having an “awesome responsibility,” has begun weighing the merits of those arguments and will reconvene on Monday at the Franklin County Justice Center for further deliberation.
“You must deliver a verdict based on the evidence presented in this case, the law that I give you and on nothing else,” Agostini said.
Smith is accused of breaking into the home of Thomas Harty, 95, murdering him and fatally wounding his wife, Joanna Fisher, 77, at 581 East River St. in Orange.
Smith has pleaded not guilty, but her co-defendant, Joshua Hart, 25, of Athol, has already been convicted of both counts of murder in the first degree, each of which carries a mandatory minimum sentence of life imprisonment without the possibility of parole.
Assistant District Attorney Jeremy Bucci, who is prosecuting the case, and Smith’s lawyer, Mary Ann Stamm, agree Hart killed Harty — they disagree on who fatally wounded Fisher.
Bucci, however, said the attack was legally a “joint venture” and Smith should be convicted of murder even if the jury finds she merely helped.
“This was at all times a pure joint venture,” Bucci said in his closing statement to the jury — nine women and three men.
Bucci detailed the prosecution’s narrative: Smith and her boyfriend, Hart, wanted to get out of town. They needed a car and money to avoid the consequences of their arrests two nights before for motor vehicle theft.
Smith’s mother said Smith was going to be “sectioned” — court-ordered into drug rehabilitation for her heroin addiction. Hart had warrants for his arrests from his home state of Pennsylvania. They were desperate, Bucci said, and wanted to find an elderly couple they could “overpower.”
Bucci said they chose Harty and Fisher because of their ages, and because they knew Fisher was a paraplegic in a wheelchair. They watched the victims through their window, Bucci said, and decided Hart would attack Harty and Smith, Fisher.
They then allegedly entered the house with at least one knife and a wrench and stabbed, beat and suffocated the victims. Fisher died a month later from her wounds, Bucci explained, as he held up the bloody pillow Smith allegedly tried to smother Fisher with.
“We know that she (Smith) stalked her prey,” Bucci said, showing the jury of a picture of a window screen with Smith’s fingerprints on it.
Other evidence Bucci presented was Smith’s own statements to police; Smith and Hart were caught in Virginia, having driven the victims’ car and used the victims’ credit cards along the way, and each gave taped confessions to their respective involvement to police.
Smith lied, Bucci said, when she told police the knife she tried to stab Fisher with got caught in Fisher’s shirt and did not penetrate the skin — although Fisher was found with a stab wound.
“She was the only one who identified the place Ms. Fisher was stabbed,” Bucci said, calling Smith’s narrative “ridiculous.”
In a comparatively short closing argument, Stamm said Smith was influenced by Hart, the effects of of gabapentin and the pain of heroin withdrawal on the night of the home invasion.
Stamm also referenced psychologist’s testimony that Smith could not have formed murderous intent under those circumstances. And Smith had previously broken into homes, but none of those incidents had ever turned violent, she said.
Smith was “out of it” during the attack led by Hart, Stamm said, and surveillance footage of Smith smoothly driving the victims car just after the home invasion does not mean she wasn’t impaired.
“Hasn’t everyone known someone who drove drunk but didn’t get in an accident?” Stamm said.
Stamm said the details of what happened inside Harty and Fisher’s home are too muddled for the jury to convict Smith.
“It’s not enough to think she probably did it,” Stamm said. “They (the prosecution) have not met that standard, and for that reason you must find Brittany Smith not guilty.”
The prosecution is seeking a conviction of two counts murder in the first degree, due to “extreme cruelty and atrociousness,” committing another felony during the attack and premeditation.
Her co-defendant is expected to be sentenced on May 10.