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New date set in retrial of murder defendant

May. 01, 2013 @ 12:00 AM

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.