your being watched: While in jail, Albert Smith wrote a letter addressed to Murphy Smith, his brother said. Prosecutors issued subpoenas for anyone Albert Smith wrote to and anyone who visited him while in jail, Darrel Smith said. Murphy was included on the list. (murhpy smith is a dog) Original Article Arkansas Democrat-Gazette Northwest Edition Witness in murder case refuses to speak By Tracy M. Neal Staff Writer tracyn@nwanews.com Posted on Wednesday, March 9, 2005 BENTONVILLE Five-year-old Murphy Smith was summoned Tuesday to the Benton County Prosecuting Attorneys Office to give testimony regarding the Albert Kieth Smith capital murder case. Murphy was ordered to appear at 10:30 a.m. under a prosecutors subpoena. He arrived about 10 minutes early, but there was a problem. Murphy had a little difficulty getting into the Benton County Courthouse. The deputy didnt want to allow Murphy in the building. Murphy is a white Shih Tzu. Hes the pet of kidnapping and murder suspect Albert Kieth Smith. The deputy instructed Darrel Smith of Van Buren to take the leashed Murphy outside. "Hes a witness," Darrel Smith, the accused mans brother, replied as he showed the deputy a copy of the subpoena ordering Murphys appearance. The deputy allowed Murphy into the building. Minutes before entering the Prosecutors Office, Darrel Smith, as he waited with Murphy in the outer area of the Prosecutors Office, explained why Murphy had been summoned. "They have subpoenaed all kinds of people," Darrel Smith said. Murphy was called for the interview, and he and Smith went into an office. A few minutes later, the pair left the inner office. Murphys ordered appearance had been a mistake, according to Darrel Smith. While in jail, Albert Smith wrote a letter addressed to Murphy Smith, his brother said. Prosecutors issued subpoenas for anyone Albert Smith wrote to and anyone who visited him while in jail, Darrel Smith said. Murphy was included on the list. Darrel Smith said prosecutors had talked with his brothers wife, and she told them the only Murphy Smith she knew was the dog. "They dismissed it," Darrel Smith said. "They may need to do the same for my brother." A few hours after Murphys scheduled appearance, Benton County Prosecuting Attorney Robin Green said that, in preparing for trial, her staff subpoenaed anyone who wrote to Albert Smith or whom he wrote to while in the county jail. Green confirmed that Smith wrote his pet a letter from the jail which resulted in Murphys subpoena. "I do like dogs," Green said. "I enjoyed seeing the dog (Murphy). It wasnt necessary for them to bring him, and a telephone call would have sufficed." Green said she thanked them for coming and apologized for any inconvenience. "The dog was friendly enough and probably would have been a very cooperative witness," Green said. Albert Smith is accused of killing Bella Vista resident David Douglas Howard. He was implicated in the crime because his former wife had been having a relationship with Howard, whom she met over the Internet, according to an affidavit of probable cause in the case. Howard, a Bella Vista resident, was shot twice in the back of the neck with a. 22-caliber handgun. His body was found Sept. 20, 1999, by highway workers along Interstate 40 in McIntosh County, Okla. Howard was last seen alive on Sept. 15, 1999. The accused murderers former wife, Linda Smith, reported Howard was missing. She was questioned about having the same last name as Albert Smith, and she told an investigator the man was her former husband. Investigators had found a note in Howards home that linked the two men. The medical examiner indicated Howard died Sept. 16, 1999. Since very little blood was found where the body was located, investigators believe the body was transported to the site. Jury orientation and preliminary jury questioning in the case are scheduled to begin Friday. On Wednesday, Green announced she received a threatening letter in the mail Tuesday wanting a trial delay. Green said the letter which did not have a senders name or any other identification other than a Fort Smith postmark did not contain threats of harm against anyone, but it had a threatening tone. Green, along with Deputy Prosecutor Shane Wilkinson, met with Circuit Judge Tom Keith concerning the letter. The trial will go on as planned. Copyright 2001-2005 Arkansas Democrat-Gazette, Inc. All rights reserved.