Dale Smith challenges evidence in Michelle Parker murder case as he seeks bond

As Dale Smith awaits trial for the 2011 murder of his former fiancé Michelle Parker, his attorney is challenging the prosecution’s case, arguing that evidence investigators say points to him in Parker’s disappearance is circumstantial, open to other explanations and, in some instances, contradicted by the state’s own records.

Smith, who has pleaded not guilty to second-degree murder, is being held in the Orange County jail without bond.

Smith’s attorney recently filed a 20-page motion asking an Orange County judge to hold an evidentiary hearing and set a reasonable bond so his client can be released from custody.

The defense argues the state has not met the high standard required to keep Smith jailed without bond on a charge punishable by life in prison.

Part of law enforcement’s theory, as described in the motion, is that Parker’s appearance on “The People’s Court” embarrassed Smith and may have triggered violence when she arrived at his home to exchange their children on Nov. 17, 2011 — the day the episode aired.

Smith’s attorney counters that Smith initiated the television appearance and that the episode had been recorded months earlier.

Investigators have suggested Parker was choked to death at Smith’s home while dropping off the couple’s twin children.

The defense motion notes that officers went to the home that night that night and saw nothing suspicious, and that a search the following day found no evidence directly connecting Smith to Parker’s disappearance. The motion says the searches produced no identified blood evidence, DNA or fingerprint findings establishing a fatal injury in the residence.

Investigators also photographed scratches and scrapes on Smith’s lips, elbows and wrists the next day. The defense argues there is no medical opinion dating the injuries to the child exchange and no forensic evidence tying them to Parker. It notes the arrest-warrant affidavit said detectives did not document asking Smith what caused the marks and says his work as a physical laborer offered possible everyday explanations.

The filing contests the state’s interpretation of phone records as well. It argues that cell-site data indicates only a general area, not a phone’s precise location or who possessed it.