New date set in retrial of murder defendant
HUNTINGTON -- With both sides rejecting offers and counteroffers, a July 23 trial date has been scheduled for Robert S. Frazier.
The 46-year-old from Huntington stands charged with murder in the Aug. 25, 2008, killing of Kathryn Gale Smith, 53.
Frazier's second-degree murder conviction was overturned last year by the state Supreme Court of Appeals. Its justices determined 4-1 that the trial judge erred in allowing the state's chief medical examiner to testify on behalf of his terminated deputy, who performed Smith's autopsy.
Smith died from a gunshot wound to the face during a domestic dispute at a residence in the 500 block of Richmond Street in Guyandotte.
Due to the initial verdict, Frazier now can face no more than a 40-year prison sentence and conviction for second-degree murder.