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Neary told the jury he believed the Smiths drove Henkins and Laubenthal to the country road and shot them.
After nine days of testimony by 76 witnesses, the State rested its case on Wednesday, June 29, 1977.
By turning down the claims, the appeal board cleared the way for a lawsuit.
The Smiths’ attorney said he had expected the board to deny the claims and said he intended to file suit in Palo Alto County District Court on behalf of the couple.
The search of Smiths’ farm yielded 19 pieces of evidence which was sent to the Bureau of Criminal Investigation lab in Des Moines for analysis. 22, 1976, Nile and Norma Smith pleaded not guilty to the charges.One bullet was recovered from his car door and sent to the BCI crime lab.[Then] Emmetsburg Chief of Police Dennis Goeders said it appeared that the shots fired into the Henkins car were of a different caliber than those that killed Laubenthal and Henkins. 18, 1976, Nile and Norma Jean Smith of Emmetsburg, both 23, were charged with murder in the slaying.Sheehy told jurors Henkins and Norma Smith had lived together in Kansas prior to Norma’s marriage to Nile Smith.Apparently, Henkins was home babysitting one day when the child fell down stairs and later died from injuries sustained in the fall.