Illinois death penalty trial delayed

St. Louis Post-Dispatch
October 26, 2007

One of the first Metro East death penalty trials since former Gov. George Ryan's freeze will be delayed until next year.

Jason D. Smith, accused of going on a murderous rampage in 2005 that left four dead in Belleville, will now face a jury in January. He was set for trial next month, but prosecutors asked for more time to do DNA testing.

Circuit Judge Milton Wharton granted the delay Thursday morning. Smith's defense attorney's didn't object.

Prosecutors say Smith went on a killing rampage in October 2005, gunning down Nicole Willyard; her infant son, also named Jason Smith; Mary Cawvey, 19, of Belleville; and Brandon Lovell, 23, of Dupo.

The case garnered a swell of media attention. The infant, 9 weeks old, was
shot in the head at close range with a shotgun. It is unclear whether the
boy was actually the son of Jason D. Smith though that question will
probably be answered in court.

Robert Haida, St. Clair County state's attorney, is seeking the death
penalty against the 30-year-old Smith.

The case has been blanketed with tension.

During a pretrial hearing last year, a fight broke out when 2 family members of the victims charged the defense table after they said Smith blew one of them a kiss. Bailiffs broke up the brawl.

Earlier this week, one of the victim's parents under questioning from Smith's attorney, John O'Gara, during a deposition for the case complained of chest pains earlier. A stretcher was brought in and he was hospitalized.

No family members attended Thursday's hearing, but Haida said the victims' families were aware of the situation.