Adam Smith, 48, is accused of killing two men in St. Lawrence in February and March 2023. He is currently being held without bond at SLCCF. (Courtesy photo)

CANTON — Defense attorney Brian Barrett’s motion for a mistrial in the Adam Smith murder trial was denied today, Oct. 28, after the District Attorney’s Office attempted to introduce video evidence from a Feb. 11, 2023, traffic stop.

Barrett objected to camera footage from a Cortland City traffic stop involving Cortland City Police Officer Austin Fisk.

Fisk testified during the morning hearing that he initiated a traffic stop on Smith while in the city of Cortland on the afternoon of Feb. 11, 2023.

Barrett argued that by trying to introduce dash cam footage and the audio of the stop, the prosecution would be violating a preliminary ruling by Judge Greg Storie about what evidence could be introduced at trial.

But Storie denied the motion, opting instead to allow the jury to watch the video without sound.

When jurors re-entered the courtroom after a brief recess, Storie read a statement to clarify the introduction of the video, while noting that it is not an admission of guilt and does not intend to show that Smith has a criminal record. Rather, he said the evidence should only be considered to show the day, time and place of the incident involving Smith.

Prosecutor Gary Pasqua suggested the prosecution didn’t even need the video to prove its case, saying it would omit the video if necessary.

“If it’s going to be some sort of violation of the court order, we don’t have to put that video up in any way,” Pasqua said.

He commented that the testimony that Smith was withdrawn in Cortland “was always going to come up.”

“It is integral to what happened in this case and how his vehicle was stopped, why it was stopped and how he was detained. Moreover, in the court’s preliminary rulings, the court already ruled that the defendant’s statements could be used at trial from that traffic stop. The fact that the defendant was stopped, that was already in evidence. So, it was not a violation of any ruling,” Pasqua said.

Once the situation was resolved, Fisk continued his testimony and detailed the traffic stop with Smith.

According to Fisk, his police car was equipped with a license plate reader that alerted when Smith drove by.

Fisk said a DMV notice of a suspended registration and license along with a potential stolen license plate report from state police in Massena alerted him to Smith. Fisk said he initiated a traffic stop based on the alerts and found that Smith was actually driving a pickup truck with a suspended license plate, however he was able to confirm that the stolen license plate alert was not accurate.

Fisk also said Smith was not charged with any major crimes, but was issued three traffic tickets for the violation.

At the time, he believed another officer had taken Smith to a bus stop, but said he later learned Smith had been given a lift to a nearby hotel.

Fisk confirmed that Smith was not combative and did not appear suspicious when questioned by Barrett.

After determining the vehicle was not legally allowed on the highway due to a suspended registration, Fisk said he requested a tow to remove the vehicle.

Once on scene, Fisk said he and the tow truck driver entered the vehicle, with Fisk performing an inventory check before the tow truck operator drove the truck onto the car.

Fisk said he did an inventory of the interior but didn’t notice any blood or a weapon. He also noted that he saw two garbage bags, a pipe and several other miscellaneous items “of no significant value” in the bed of the truck.

He commented that he did not inspect the contents of the trash bags, saying he never did when a vehicle was impounded.

“Did you keep an eye on the vehicle the entire time it was being transported and impounded?” Barrett asked.

“Yes, I did. I followed the tow truck to make sure I had my eyes on the truck the whole time,” Fisk replied.

After impounding the vehicle, Fisk said he took the keys to the truck and made sure they were secured with police officers on the scene. He said no one else would have access to the keys to the lot or the truck.

Fisk also noted that the vehicle was locked before handing over the keys to officers on the scene.

Barrett also questioned a “history of break-ins” at the impounded lot, which is guarded only by a barbed wire fence.

But Fisk said in the nearly five years he’s served with the Cortland Police Department, he’s only known of two break-ins at the scene, both of which occurred in 2022 before Smith’s truck was impounded.

Drone pilot testimonial

Starting the day was New York State Trooper Megan Berwald, a K-9 handler and drone pilot who responded to the scene of Ronald Durham’s killing in the Eastside Cemetery.

During his testimony, Berwald said he received a call to respond around 8:40 a.m., at which point he took his K-9 to the scene just minutes later.

She said she was met by several state troopers at the scene, with a number of investigators coming to the scene. Upon arrival, she deployed her K-9 as part of the investigation.

Around 12:30 a.m. on Feb. 11, 2023, the day of Durham’s murder, Berwald said she was instructed to capture drone photos of the scene because of melting snow that could lead to the loss of evidence.

Photos presented during his testimony detailed the crime scene which, at the time, had eight State Police vehicles at the scene.

Prosecutors showed a series of photographs that continually showed Durham in greater detail, with the final photograph being a direct overhead shot of Durham next to his truck.

A pool of blood could be seen on the snow, stretching from the edge of the driveway where Durham parked to the back passenger door of his pickup truck.

Bergwald also detailed a second call for service on Feb. 16 when he responded to the bridge spanning West Main Street near Small Town Supply.

She said she was called to use her drone to survey the scene after evidence was found that linked Durham.

Berwald said he was asked to check the banks leading to the river before police went down because the embankment was slippery.

She confirmed that a mobile phone was found on the bridge that day, but said she was not sure who left it there.

Smith at Walmart

Manager Joseph Carbone testified about Smith’s activities at the Ogdensburg Walmart on February 11, 2023.

A manager of the Ogdensburg store, Carbone said he is one of the few people with intimate access and knowledge of Walmart’s security system.

Like former asset protection manager Richard Gray before him, Carbone detailed the system and its many cameras, storage systems and processes to extract footage when needed.

Carbone said in his 31 years at Walmart he has conducted such activities “probably hundreds of times” as law enforcement seeks information “usually for thieves or accidents in the parking lot.”

Carbone said he was asked by an unidentified state police investigator on March 9, 2023 to compile morning pictures of Smith, but noted he did not know the full story.

Footage presented during his testimony showed Smith entering the store at 7:24 a.m., eventually making his way to the customer service desk to purchase two “money cards” worth $400 each, plus tax minor for each.

In a later video, Smith could be seen purchasing a ring valued at nearly $800 along with a service plan.

Carbone said Smith did not act nervous or cause a scene during his interactions with employees and did nothing to raise suspicions.

According to Carbone, Smith only paid cash for the cards and ring. The evidence introduced showed receipts and electronic journal entries related to the transactions, which Carbone used to confirm they were cash transactions.

He also confirmed that he did not know the name of the bills used, nor did the state police try to find any bills to make a DNA swab.

“In my 31 years with the company, in multiple stores, in multiple states, I’ve never seen the police do that,” Carbone said when asked by Barrett.

Shortly after the purchases, Smith left the store and was seen on footage in the parking lot “on the phone, walking around his truck,” Carbone said.

He said Smith also got into his truck and “probably stayed on the phone” longer before leaving that morning.

Adam Smith’s murder trial will continue tomorrow, October 29, at 9:30 a.m. at St. Lawrence County.

See previous stories:

“Pathologist Testifies in Adam Smith’s Murder Trial, Details First Victim’s Autopsy”

Day two of Adam Smith’s murder trial brings more witnesses to the stand

“Adam Smith’s murder trial gets off to a controversial start at St. Lawrence County”

Crime scene details revealed by two State Police investigators testifying in Adam Smith’s murder trial

Stewart’s manager and former employer testify in Adam Smith’s murder trial