ORLANDO, Fla. — The attorney representing Dale Smith Jr. says he has reviewed the sealed affidavit supporting his client’s arrest in the disappearance of Michelle Parker and intends to challenge Smith’s continued detention without bond.
Smith pleaded not guilty Thursday to second-degree murder, one day after Orlando police arrested him nearly 15 years after Parker disappeared.
Defense attorney Rajan Joshi said he reviewed the entire 46-page affidavit in a secure setting but was not permitted to keep a copy.
Joshi acknowledged that the affidavit contains new evidence, including recovered text messages involving Parker and Smith. It also references a recent interview with one of Smith’s friends, he said.
However, Joshi characterized the case as largely circumstantial and said he did not see what he considered a “smoking gun.”
“I did see new evidence, but I didn’t see anything glaring that makes me concerned that this evidence is some type of smoking gun,” Joshi told Channel 9.
Joshi cautioned that he has not yet received discovery, interviewed witnesses or reviewed the complete investigative file.
Smith is being held in the Orange County Jail without bond. Joshi said he intends to pursue an Arthur hearing, during which prosecutors would have to establish that the proof of guilt is evident or the presumption is great to continue holding Smith without bond.
The hearing would also allow the defense to examine the state’s evidence and question witnesses. A date for that hearing has not been announced.
Joshi said Smith was at work when he was arrested and did not expect police to take him into custody that day.
“He was shocked and he was upset, but Mr. Smith is confident in the process, and he maintains his innocence,” Joshi said.
The affidavit and arrest warrant remain sealed while investigators conduct additional witness interviews, according to Joshi. He said prosecutors indicated the records could be unsealed relatively soon.
Orlando police said Wednesday that renewed witness statements, statements previously made by Smith and digital evidence recovered from phones, computers and vehicles contributed to the arrest. Investigators said technological advances allowed them to conduct new analysis of some of that evidence.
Parker was last seen Nov. 17, 2011, after dropping off her twins at Smith’s home. Her remains have not been found.
Orlando police identified Smith as the primary suspect less than two weeks after Parker disappeared. He has maintained his innocence throughout the investigation.
Follow the latest developments in the Michelle Parker case here and watch Channel 9’s documentary examining the search for answers.
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