Bellamy Nancy - The trials of Billy Dean Smith : a true story of murders on Alaskas Kenai Peninsula

The
TRIALS OF BILLY
DEAN SMITH

A True Story of Murders on Alaskas Kenai Peninsula

PHIL HERMANEK

THE TRIALS OF BILLY DEAN SMITH

A TRUE STORY OF MURDERS ON ALASKAS KENAI PENINSULA

Copyright 2015 Phil Hermanek.

All rights reserved. No part of this book may be used or reproduced by any means, graphic, electronic, or mechanical, including photocopying, recording, taping or by any information storage retrieval system without the written permission of the publisher except in the case of brief quotations embodied in critical articles and reviews.

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ISBN: 978-1-4917-7226-3 (sc)

ISBN: 978-1-4917-7227-0 (e)

Library of Congress Control Number: 2015911008

iUniverse rev. date: 07/14/2015

CONTENTS

Dedicated to the sweet spiri t of

my dear RaSh elle,

who died much too e arly.

God wil ling,

well be together again som eday.

ACKNOWLEDGMENTS

I offer my sincere appreciation to those who helped me directly or indirectly with the completion of this book. Many writers, friends and life-teachers have inspired me, led me on and championed my efforts in bringing this story to a wide audi ence.

While the story is true, many of the names, especially those mentioned during Mr. Smiths confession, have been changed as some had not yet been convicted of a crime, some had not yet been charged and some had not even been arrested, yet. During the first trial in Kenai (pronounced KEE-nye), one principal character in particular asked me to use his name as little as possible in my news coverage, because he had turned his life around, stopped drinking and using, and would hate to have his past dredged up once more. I chose to change his name entirely in this text.

The confession dialog in this book is extracted from actual transcripts of Mr. Smiths confession, documents which are public record. The confession is presented here to let the reader decide whether or not it is true.

I have been blessed in my life with many good writing and reporting teachers beginning with Mrs. Sullivan at Lewis College in Lockport, Ill., U.S. Navy journalism chief Lucasey at the Defense Information School in Indianapolis, and Ed Rooney of the Chicago Daily News at Loyola University in Chi cago.

Some friends who enhanced my understanding of the drug culture include Jaclyn E. and John S., and I owe much gratitude to Michael D., Roland D., Bill W. and Dr. Bob.

A great deal of my knowledge of criminal court proceedings and especially Alaska law came from Alaska judges Jonathan Link, Harold Brown, Charles Hugelet and John Wolfe, and from District Attorneys June Stein and Scot Leaders. Criminal Defense Attorney Chuck Robinson taught me the most about seeing both s ides.

I have been encouraged along the way by some very good friends authors themselves including John R. Coyne Jr., Chuck Mason and Ralph E. Lugton, and especially Liz Guthridge, author and strategic employee and change communication specialist, whose experienced advice kept me writing, writing, wri ting.

Thanks to all!

PRELUDE

Will the attorneys please approach the b ench.

Judge Jonathan Link was obviously troubled by something the witness had just said, and by several failed attempts to fix the pro blem.

As the court clerk activated the courtrooms white noise, preventing all but those close to Judge Links bench from hearing the conversation about to unfold, assistant Kenai Peninsula district attorney John Wolfe and defense attorney Rob Herz came for ward.

Gentlemen, youre right. Weve got a problem, said Kenai, Alaska presiding judge Link. The witness mentioned having taken a lie detector test when he was first interviewed in 1994. If the jurors think Mr. Brauer passed the test theyll believe hes a truthful person. If they learn later that he spent three and one-half years in jail, they might think its because he lied, and he might be lying now as well.

Either way, the jurys going to be affected by what the witness said.

Because lie detector test results are inadmissible as evidence in Alaska courts, the court was prohibited from showing the jury the actual results of Brauers test.

After much debate between the attorneys and failure to come up with a curative solution, Link said, There is no other fix. What Im doing is declaring a mist rial.

Jackson Brauer (not his real name) had been retelling the events of March 27, 1994, when he claims to have been with Billy Dean Smith when Smith fatally shot Harold Enzler and Nancy Bellamy on a remote road north of Nikiski, Al aska.

At the mention of a mistrial, Smith turned to the dozen or so spectators in the courtroom gallery with a friendly smile, apparently thinking he had just been deemed victorious and that he might soon be free.

This would not be the case.

The killings were the furthest thing from Billys mind as Alaska Airlines Flight 99 dropped down through the clouds covering Turnagain Arm on approach to Ted Stevens International Airport in Ancho rage.

He watched as the brown, murky waters of Turnagain mixed with those of the much deeper glacial green Cook Inlet - - keeper of the secret of two murders committed on the Kenai Peninsula three and one-half years ear lier.

The Boeing 739 banked hard to the right now, and Billy could see Fire Island below as the plane lined up for its final approach to Alaskas busiest airport. He wondered when theyd start erecting the giant wind turbines that were raising so much controversy when he had left for the Lower 48 three months ear lier.

Although Mt. McKinley, 300 miles to the north, was visible from Alaskas largest city on only the clearest of days, Anchorage residents protested that the big windmills would scar the horizon, forever ruining all photo ops across the inlet. Never mind the fact that nearly two dozen offshore oil platforms already erased the possibility of any pristine photographs of Americas last fron tier.

Thoughts of wind farms and ever-present Alaskan controversy fled from Billys mind as the airliner smacked down hard and roared along the runway eventually slowing to taxiing s peed.

When the plane came to a complete stop outside the passenger terminal, Billy, along with the hundred or so other passengers, eagerly got up to stretch and head up the aisle for the exit. It had been a long flight and Billy wanted to get out into the fresh Alaska air.

With characteristic charm, he returned the flight attendants smile and tossed in a wink just to let her know how friendly he truly was.

As seemed to be the case every time Billy came back from Outside, Ted Stevens airport was under construc tion.

He again didnt know the way to the commuter terminal where the much smaller Era Aviation plane would carry him the remaining leg of his trip home to K enai.