A Hobart man charged with murder was released Friday from Lake County Jail because key pieces of evidence aren’t available for his trial, which had been set to begin Monday.
Thomas Raymond Smith, 63, who has pleaded not guilty to a murder charge filed in the death of David Krawczenia, 48, of Portage, was ordered released on his own recognizance from Lake County Jail Friday by Lake Superior Court Judge Diane Ross Boswell after deputy prosecutor Michael Woods filed a motion to delay the trial.
Key evidence, including phone records from Smith and a material witness, Kevin Akers, isn’t available in a format that is admissible in trial, according to the motion.
In addition, Woods had sought Smith’s bank records, but the bank was unable to produce them because inclement weather prevented access to the site where those records are stored.
Krawczenia’s dismembered body was found Nov. 14 in the trunk of a car he owned that was parked in the Mansards Apartments complex in Griffith. Smith operated a garage at 2600 Colorado St., Gary, where Krawczenia owned All About Auto.
Akers, a mechanic who worked for Smith, testified Monday at a bail hearing that Smith told him the day after the homicide that he’d killed Krawczenia. Akers said Smith had indicated he owed Krawczenia $16,000, and despite getting a settlement of $70,000 to $80,000, Smith told Akers he didn’t have the money on Nov. 1, when Krawczenia was supposed to pick up the payment from Smith at the shop.
Defense attorney Paul Stracci filed a speedy trial request on Dec. 29, which required Smith to be tried within 70 days, or before March 7. Under the rules that govern criminal court procedure, Woods indicated in a motion he couldn’t in good faith contend that the evidence he had sought would be available for trial within 90 days.
Smith’s trial has been rescheduled to begin June 15.
Meanwhile, Stracci filed a motion to compel discovery, including a coroner’s and autopsy reports, documents prepared by a private investigator hired by Krawczenia’s family, cell phone records, lab and forensic reports, additional witness statements, Facebook records, criminal histories of witnesses and other items.
Woods is seeking to preserve and produce Smith’s jail communications, as well as a silver Mercury Grand Marquis, computer and security DVR that had been at the shop, Smith’s laptop at his Hobart residence and a revolver that Akers testified Smith purchased at Gander Mountain in Hobart a few days before the killing.
