Dog subpoenaed as witness in murder case

Suspect wrote his pooch a letter from prison, prosecutors say

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updated 2:57 p.m. ET March 30, 2005

BENTONVILLE, Ark. - Prosecutors hoping for a witness in a murder case to roll over were barking up the wrong tree.

They sent out a batch of subpoenas for anyone who had contact with Albert K. Smith while he was jailed awaiting his murder trial. One of those subpoenas went out to 5-year-old Murphy Smith — Smith’s dog, it turned out.

The defendant had written his dog a letter from his cell, and that is how the shih tzu’s name got on the witness list.

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Prosecutors realized the mistake on Tuesday after the defendant’s brother brought in Murphy to answer the subpoena and a deputy would not let them into the courthouse because no dogs were allowed.

Prosecutor Robin Green said she apologized to the brother for any inconvenience, and added: “The dog was friendly enough and probably would have been a very cooperative witness.”

Albert Smith is accused of shooting to death his ex-wife’s boyfriend.