People v. Smith

I.

INTRODUCTION

Defendants Kiesha Renee Smith and Michael Mitchell appeal from their

judgments of conviction for the murder of Josephine Kelley. We are compelled to

reverse both defendants' convictions due to prejudicial error in the joint trial before

separate juries.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

1. General background

Josephine Kelley was 90 years old in 2005. She lived with her daughter Susan

Hassett, son-in-law Dennis Hassett, and grandson Derrick Hassett.

Derrick was unemployed and lived with his parents. Derrick sold drugs and often

accepted electronic gadgets as payment in exchange for drugs. Sherry Beck used drugs,

including marijuana and methamphetamine, and was a customer of Derrick's. She would

sometimes pay him money for the drugs, but other times would trade items, such as "cell

phones, DVD players, different things," for drugs. Beck occasionally used

methamphetamine with Derrick.

Although a joint trial was held, the defendants had separate juries. The evidence that the two juries heard differed in some respects. We refer to the Hassetts by their first names when necessary for…