FAIRFIELD — The death penalty jury trial for an accused cop killer was postponed, again.
Henry A. Smith, 40, of Fairfield, was scheduled to start a murder with special circumstances trial in August that was expected to last at least four months for the killing of Vallejo Police Officer Jim Capoot in 2011.
Judge Peter B. Foor agreed Monday to a defense team request to postpone the trial, partly due to prosecutors not having already compiled victim impact statements and sharing them with the defense team. Prosecutor Karen Jensen said she had planned to get the emotionally wrenching statements in the upcoming weeks, nearly three months in advance of the scheduled trial.
Foor ordered Smith to return to court June 3 when a new date for the start of a trial will be set. Foor also said he expected concerns raised by the defense team about other aspects of the case would be resolved by the next hearing.
Among the concerns is the defense team wanting to know about a jail guard’s termination. The guard is one of two witnesses who prosecutors say claims to have overheard Smith plotting a deadly breakout from the jail.
Smith is accused of robbing a Bank of America in Vallejo in November 2011 and then getting into a high-speed pursuit with Capoot. Capoot followed Smith into a residential neighborhood in east Vallejo, where he rammed Smith’s truck before Smith fled the wrecked truck on foot. Capoot followed him into a backyard, where the veteran officer was fatally shot.
Smith was arrested a few moments later and police wrestled a gun away from him.
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