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Local News

Judge: Homer Glen lawyer-turned-defendant can't restart trial

Robert W. Gold-Smith
Robert W. Gold-Smith

JOLIET – A judge on Tuesday denied a Homer Glen lawyer a chance to resubmit evidence after he was found guilty of trying to hire his wife's murder.

Robert W. Gold-Smith, 53, is awaiting sentencing for solicitation of murder for approaching an inmate at the Will County jail in 2011 and offering money to kill his estranged wife. Gold-Smith was in jail for violating an order of protection after he allegedly punched his wife outside a courtroom. Gold-Smith faces 20 to 40 years in prison.

Gold-Smith told Judge Daniel Rozak after the verdict he was reviewing surveillance video from the jail and another inmate showed how to hide a black box that shows the date and time. Gold-Smith said without the box it's possible to see he's sitting in a chair across the room from a row of telephones, while the informant's recordings were being made near the phones.

"I think if we put that on a big screen, it'll be plain to see," Gold-Smith said.

But Rozak said Gold-Smith's "black box" is only a shaded area and the judge has watched the video "at least 20 times already." Rozak noted before the trial Gold-Smith and prosecutors stated all of the relevant interactions occurred underneath a balcony – out of sight of the camera.

"If that's supposed to be you, why not present that during the trial?" Rozak asked Gold-Smith. "Every one of your witnesses, everything you presented occurred underneath that balcony. What you're saying now is totally inconsistent with the defense you presented earlier. "

"You're not asking me a 'game-changer.' You're asking me to start the game all over again," Rozak said. "I'm not reopening [the case] and you're still guilty."

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