Judge denies gag order in soldier's murder case

Posted: November 17, 2012

WILMINGTON - Delaware prosecutors lost a legal bid Friday to prevent relatives of a soldier accused of kidnapping, raping, and killing a Wilmington woman last year from talking about the case publicly.

Superior Court Judge Fred Silverman denied the gag-order request after defense attorneys assured him that they would advise defendant Dwight Smith and members of his family about the risks of speaking to the media.

Smith is charged with raping and killing Marsha Lee, 65, who was abducted while walking her dog in December. Police said at the time that Smith targeted Lee at random after deciding he wanted to kill somebody. He allegedly hit Lee with his SUV, threw her inside, then raped her and beat her to death. Prosecutors have said they intend to seek the death penalty against Smith, who was on leave from Fort Drum in New York at the time of the killing. - AP

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