Adam Smith, 48, stands accused of murdering two men in St. Lawrence County in February and March 2023. He is currently held without bail at SLCCF. (Photo courtesy)

BY JEFF CHUDZINSKINorth Country This Week

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 submit video evidence stemming from a Feb. 11, 2023 traffic stop. 

Barrett objected to dash camera footage from a traffic stop in the city of Cortland that involved Cortland City Police Patrolman Austin Fisk. 

Fisk testified during the morning session, saying he initiated a traffic stop of Smith while he was in the city of Cortland during the afternoon of Feb. 11, 2023. 

Barrett contended that by attempting to introduce the dash camera footage and audio of the stop the prosecution would violate a pre-trial decision by Judge Greg Storie regarding evidence that could be introduced during the case. 

But Storie overruled the motion, opting instead to allow the jury to view the video without audio. 

When jurors reentered the court 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 Smith has a criminal history. Rather, he said the evidence should merely be considered to show the day, time and location of the incident involving Smith.

District Attorney Gary Pasqua suggested the prosecution did not even need the video to prove their case, saying he would omit the video if necessary. 

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

He commented that the testimony of Smith being pulled over in Cortland “was always going to come in.” 

“It’s part and parcel to what happened in this case and how his vehicle was stopped, and why it was stopped and how it was impounded. In fact, in the court’s pre-trial rulings, the court has already ruled that the statements from the defendant could be used at trial from that traffic stop. The fact that the defendant was stopped, that was already coming into evidence. So, it wasn’t a violation of any ruling whatsoever,” Pasqua said. 

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

According to Fisk, his police cruiser was outfitted with a license plate reader that alerted when Smith drove past. 

Fisk said a DMV notification of a suspended registration and license, along with a potential stolen license plate notice from State Police in Massena alerted him to Smith. Fisk said he initiated a traffic stop based on the alerts and did find Smith was in fact driving a pickup truck on a suspended registration, however he was able to confirm the stolen license plate alert was not accurate. 

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

At the time, it was his belief another officer took Smith to a bus station, however he said he later learned that Smith was given a lift to a nearby hotel. 

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

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

Once on scene, Fisk said he and the tow truck driver did enter the vehicle, with Fisk conducting an inventory check before the tow truck operator drove the truck up onto the wrecker. 

Fisk said he did an inventory of the interior but did not notice any blood or a weapon of some sort. He also noted that he did see two garbage bags, a pipe and a few other miscellaneous items in the bed of the truck “that did not hold any significant value.” 

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

“Did you have eyes on the vehicle the entire time it was transported and put in impound?” Barrett asked. 

“Yes, I did. I followed the tow truck over to ensure I had eyes on the truck the entire time,” Fisk responded. 

Upon impounding the vehicle, Fisk said he took the keys to the truck and ensured they were secured with police officers on scene at the site. He said no one else would have access to the keys to the impound lot or truck. 

Fisk also noted that the vehicle was locked before he turned the keys over to the officers on site. 

Barrett also called into question a “history of break-ins” at the impound lot, which is guarded only by a chain link fence topped with barbed wire. 

But Fisk said in the nearly five years he has served in the Cortland City Police Department he was only aware of two break-ins at the site, both of which occurred in 2022 prior to Smith’s truck being impounded. 

Drone pilot testimony

Leading off 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 murder in the Eastside Cemetery. 

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

She said she was met by multiple State Troopers on scene, with a number of investigators coming to the scene. Upon arriving, she deployed her K-9 as part of the investigation. 

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

Photos shown during her testimony detailed the crime scene which, at the time, had eight State Police vehicles on site. 

Prosecutors showed a series of photos that continually showed Durham in greater detail, with the final photo being a direct overhead shot of Durham near his truck. 

A pool of blood could be seen in the snow, stretching from the edge of the access road where Durham parked to the rear passenger door of his truck. 

Bergwald also detailed a second call for service on Feb. 16 when she responded to the bridge that spans 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 was tied to Durham. 

Berwald said she was asked to survey the banking leading down to the river before police walked down because the embankment was slick. 

She confirmed a cell phone was found at the bridge that day but said she was unsure of who left it there. 

Smith at Walmart

Testifying regarding Smith’s activities at the Ogdensburg Walmart on Feb. 11, 2023 was manager Joseph Carbone. 

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

Much like former asset protection manager Richard Gray before him, Carbone detailed the system and its numerous cameras, storage systems and processes to extract footage when necessary. 

Carbone said in his 31 years with Walmart he had conducted such activities “probably hundreds of times” as law enforcement seek information “typically for shoplifters or accidents in the parking lot.” 

Carbone said he was asked by an unknown State Police Investigator on March 9, 2023 to compile footage of the morning tied to Smith but noted he was not aware of what the whole story was. 

Footage shown 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” valued at $400 each, plus minor fees on 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 with cash for the cards and ring. Evidence introduced showed receipts and electronic journal entries related to the transactions, which Carbone used to confirm they were all-cash transactions. 

He also confirmed that he did not know the denomination of the bills used, nor did State Police attempt to locate any bills to do a DNA swab. 

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

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

He said Smith also entered his truck and “was probably on the phone” for a little longer before driving away that morning. 

The Adam Smith murder trial will continue tomorrow, Oct. 29 at 9:30 a.m. in St. Lawrence County Court. 

See earlier stories:

“Pathologist testifies in Adam Smith murder trial, details autopsy conducted on first victim”

Day two of the Adam Smith murder trial brings multiple witnesses to stand

“Murder trial of Adam Smith gets off to contentious start in St. Lawrence County Court”

Murder scene details revealed by two State Police investigators testifying in Adam Smith murder trial

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