Murder Conviction Overturned

{Huntington, West Virginia}…The state Supreme Court of Appeals has overturned the murder conviction of 46 year old Robert S. Frazier in the August 25, 2008 killing of 53 year old Kathryn Gale Smith. Smith died from a gunshot wound received to the face during a domestic dispute at a residence in the 500 block of Richmond Street in Guyandotte. The Court determined Cabell Circuit Judge Alfred Ferguson erred in allowing the state's chief medical examiner to testify on behalf of a terminated deputy, Dr. Richard Belding, who performed Smith's autopsy. The four justices concluded depending upon the agency's chief as its sole witness deprived Frazier's defense of a chance to cross-examine Belding on contradictions between his clinical summary and autopsy report. Attorneys for the state conceded the lack of Belding's testimony amounted to a constitutional error, but maintained it was harmless and did not impact the jury's verdict. defense disagreed, arguing Belding's contradictions bolstered Frazier's insistence the shooting was accidental as Frazier pulled the gun from Smith, who first threatened him. Frazier will get a new trial.