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Convicted murderer files motion for new DNA testing

Hearing in 18-year-old murder trial set for Aug. 16

Staff reporter

Oliver K. Smith Jr., convicted murderer and rapist of a rural Goessel woman in 1986, has filed a motion through the University of Kansas School of Law that may result in a retrial.

"The motion states a request for new DNA testing due to new technology and various other reasons," Marion County Attorney Susan Robson stated Monday.

The Smith trial was the first case in Kansas where DNA was used.

Deoxyridonucleic acid (DNA) is a nucleic acid which carries genetic instructions for the biological development of all cellular forms of life and many viruses. DNA is sometimes referred to as the "molecule of heredity" as it is inherited and used to propagate traits.

Robson reported to Marion County Commission a status hearing is scheduled for Aug. 16 regarding this motion. The commission approved a resolution to hire special prosecutor Stephen Joseph of Wichita to handle the case.

Smith was arrested, charged, and convicted of raping and killing Shelly A. Prine, 22, of rural Goessel.

Shelley A. Prine died Oct. 24, 1986, as a result of a gunshot wound to the head.

The Marion County Record reported the victim's husband, Robert Prine, reported he found his wife seriously injured when he returned home around 6:30 p.m. Oct. 23 from a hunting trip.

The victim was taken by ambulance to Axtell Hospital in Newton and transferred to then St. Francis Hospital in Wichita where she died the next morning.

Smith, 25, of Newton, was arrested Sept. 16, 1987, following an 11-month investigation by local law enforcement officers and the Kansas Bureau of Investigation.

The husband and suspect both worked for Prestressed Concrete, Inc., in Newton at the time of the murder.

On Feb. 3, 1988, following a preliminary hearing, a change of venue was allowed due to the lack of African-American residents in Marion County.

District Judge George F. Scott wrote. "out of a population of 13,373 in Marion County, there were only 15 black residents. All 15 residents are either closely acquainted with Smith or related to him by marriage," wrote Scott.

"Although he had no legal right to request that the jury panel include members of his own race and minority, the defendant does have a right to ensure there is no systematic and deliberate removal from the jury panel of such people," wrote Scott.

Scott also noted a concern of impartiality of juror "when a crime is committed in a rural area."

The trial was then transferred to Junction City where Smith was convicted and sentenced.

Robson said she will be meeting with Joseph this week to discuss the case.

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