Robbinsville – A trial set to start in Graham County Superior Court on Monday was pushed back yet again, after the defendant’s counsel expressed concerns over the timeframe for trying the case.
Attorney Rich Cassady – who, along with Holly Christy, is representing 82-year-old James Jay Smith on an attempted murder charge – said that he did not see the trial being completed this court term, with Veterans Day falling today and Cassady being needed for a separate trial in Cherokee County starting Nov. 15.
Special Superior Court Judge Athena Brooks said that the Cherokee County matter took precedence over Smith’s trial due to the amount of time the defendant in the Cherokee County matter had been incarcerated. The next possible date for the trial to be held in Graham County falls on Feb. 28, 2022.
However, Brooks said she would look to consider what other options might be available for the trial to happen sooner. She emphasized that she was aware of the small number of trial weeks in Graham County and that she would communicate with Raleigh to see what could be done to remedy the situation.
“There’s just no way we can get it done in that timeframe,” Cassady said.
He also said he did not want the proceeding story end in a mistrial, because there was not enough time left for the trial to play out properly.
“Not only that, but we expose our defense plan to the DA, and every mistrial and retrial I’ve done has been worse for the DA,” Cassady said.
Smith has awaited trial since 2016, with several attempts to try him being pushed back for various reasons. Most recently, the case was slated to go to trial in 2020, with a plan to hold the proceedings at the Stecoah Valley Cultural Arts Center, due to COVID-19 restrictions.
However, the trial – which would have been Graham County’s first since the beginning of the pandemic – was called off at the last minute.
“I will let them know that you’re getting a lot of serious cases without a lot of time to try them,” Brooks said. “Raleigh doesn’t know unless we tell them and I’m obviously in contact with them pretty regularly.”
Smith’s charges stem from an alleged dispute between Smith and his neighbor, Joseph Shaffer, which led to Shaffer being shot and losing his right eye.
Shaffer also suffered a gunshot would to his hand in the fracas.