Judge mostly declines to suppress evidence in spousal murder

EVERETT — A Bothell man lost a bid Thursday to block prosecutors from much of the evidence they hope to use to prove he murdered his wife early last year.

Alan Smith, 39, scheduled to go on trial in January, is charged with first-degree murder. His public defenders asked Snohomish County Superior Court Judge Linda Krese to rule that police used seven flawed search warrants to build the case against him. They urged the judge to suppress evidence gathered from Smith’s home, body, bank, vehicles, cellphones, computers and other electronic devices.

The judge for the most part declined.

She ruled that police were overbroad in seeking some evidence.

For example, police sought all diary entries Smith had ever made regarding his personal relationships. But detectives proved they had enough reasons to look for evidence linked to the killing in nearly every place they searched, Krese said.

Snohomish County prosecutors allege that Smith in February 2013 beat, stabbed and drowned his wife after a year-long battle over divorce and child custody. Susann Smith, 37, was found inside her home with nearly two dozen injuries to her face and head.

Alan Smith no longer lived with his wife, but he moved back into the Bothell home, with a girlfriend, a short time later.

Krese on Thursday noted that when police approached him hours after the killing they noticed bruises, scrapes and other injuries on his hands. Detectives didn’t think his explanations stood scrutiny, including a claim that one of his children hit him with a hatchet.

The Boeing Co., where Smith was employed, provided police with access to company-owned computers and cellphones he had used. Web browsing history showed that Smith researched the availability of airline tickets to Venezuela for an adult and two children. After the Smiths’ kids were placed in protective custody following their mother’s death, the defendant researched tickets for an adult traveling alone.

In court papers, public defender Caroline Mann noted there is nothing criminally suspicious about searching for airline tickets.

That’s true, Krese said, but investigators also were entitled to make inferences based on context. Detectives considered the airline ticket research important because they believed Smith was preparing to flee to a country where he thought extradition would be unlikely.

Police filed their search warrants in court, and that made public their suspicions about Smith’s involvement in his wife’s killing. He reportedly crumbled under the pressure and allegedly confessed to the killing to an acquaintance, who told police, according to court papers.

The defense earlier made an unsuccessful attempt to bar that man’s testimony at trial, arguing Smith’s conversation with him was protected because the man is a licensed minister. The man told detectives that he wasn’t acting as a clergyman when Smith allegedly made the statements.

Smith remains locked up at the Snohomish County Jail, where he has spent a year.

Scott North: 425-339-3431; north@heraldnet.com. Twitter: @snorthnews.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

Stolen car crashes into Everett Mexican restaurant

Contrary to social media rumors, unmarked police units had nothing to do with a raid by ICE agents.

Providence Regional Medical Center Everett. (Olivia Vanni/The Herald)
Providence Everett issues layoff notices to over 100 nursing assistants

The layoffs are part of a larger restructuring by Providence, affecting 600 positions across seven states, Providence announced Thursday.

Junelle Lewis, right, daughter Tamara Grigsby and son Jayden Hill sing “Lift Every Voice and Sing” during Monroe’s Juneteenth celebration on Saturday, June 18, 2022. (Olivia Vanni / The Herald)
Where to celebrate Juneteenth in Snohomish County this year

Celebrations last from Saturday to Thursday, and span Lynnwood, Edmonds, Monroe and Mountlake Terrace.

Logo for news use featuring the municipality of Lake Stevens in Snohomish County, Washington. 220118
Judge rules in favor of sewer district in Lake Stevens dispute

The city cannot assume the district earlier than agreed to in 2005, a Snohomish County Superior Court judge ruled Tuesday.

Herald staff photo by Michael O'Leary 070807
DREAMLINER - The first Boeing 787 is swarmed by the crowd attending the roll out of the plane in on July 8, 2007 at the Boeing assembly facility in Everett.
Boeing plane in Air India crash was built in Everett

The Boeing 787 Dreamliner in the crash that killed more than 200 people was shipped from Everett to Air India in 2014.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.