Defense Argues for Retrial Saying Deputies Refused Co-Defendants’ Family, Friends Entrance During Parts of Trial

By Andrew Michaels - February 17, 2023
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

In 2022, homicide co-defendants Brian Campbell, 25, and Corey Smith, 29, were tried and convicted for the 2018 murder of 17-year-old Beontray Ellis. Nearly a year later, on Feb. 16, defense counsel for both defendants argued a motion for a new trial, citing that the duo’s family members and friends were kept out of the courtroom during the trial.

Smith’s defense attorney, Robert Cole, led the argument during the day-long hearing, followed by statements from Campbell’s defense attorney, Roland Brown, before Baltimore City Circuit Court Judge Philip Jackson.

Judge Jackson did not make a ruling on Thursday in order to review additional paperwork from the defense. The judge rescheduled the matter for May 19 when he will either grant the motion or proceed with the co-defendants’ sentencing.

“The courtroom was almost run like a theatre,” Cole said before a full gallery. If court was underway, sheriff’s deputies would not let family or friends inside the courtroom, telling people to come back after lunch.

Family and friends were excluded both during the jury selection process and testimony, Cole noted, violating the defendant’s Fourth Amendment right to a speedy and public trial.

Several of Smith’s family members and friends testified over the course of the proceeding, including the defendant’s mother, aunt, the mother of his child, his mother’s fiancé, and four close friends.

During her testimony, Smith’s mother recalled other family members being asked by a deputy to leave the courtroom at the start of jury selection, saying only two people could stay in the courtroom. On another occasion, she went to use the restroom and was not allowed to return to the courtroom until a witness’ testimony concluded.

The prosecution informed the judge that there were 70 jurors in jury selection and that the court was still limiting the number of people in the courtroom at one time given the pandemic protocols. She also questioned Smith’s mother as to why she didn’t go to Cole with this issue after it occurred.

“If a [deputy] is telling me I can’t come in, I’m not going to go to my son’s lawyer,” the defendant’s mother responded. “I’m going to believe this is policy and procedure.”

Later in the proceeding, Cole played courtroom camera footage of the trial on March 28, 2022, which showed a deputy directing people back into the hallway after they attempted to enter the courtroom. The deputy is seen stepping out of the courtroom and then returning by himself.

Brown also called family and friends of Campbell’s to testify, including his mother, brother, and two friends. Campbell’s mother shared a similar experience to that of Smith’s mother, saying she left the courtroom to assist a friend in the hallway and wasn’t let back in until a witness was finished testifying.

Deputies may have thought they were doing the right thing in fear of interrupting the proceedings, Cole explained.

“You can’t come in while a show’s on. Once there’s a break in the show, we’ll let you in,” he said, noting that neither the court nor counsel knew what was happening at the time. “That’s not proper.”

Cole’s additional reasons for a motion for a new trial included issues with an expert’s testimony as well as the prosecution’s reference in closing arguments to a piece of evidence that was not admitted.

Brown also acknowledged that he barely had time to prepare for Campbell’s trial, having received discovery shortly beforehand.

“I actually came up with my client’s defense during trial,” Brown said.