Alleged murderer remains held without bail after state judge orders second bail hearing

Smith has been indicted on 14 counts stemming from the two killings, including two counts each of first- and second-degree murder. They all carry a maximum penalty of life in prison, if convicted.

Following Smith’s arraignment on the indictment on April 21, County Court Judge Gregory P. Storie ordered him remanded without bail to the St. Lawrence County Correctional Facility in Canton. Judge Storie on Thursday afternoon made the same determination — that Smith poses a significant flight risk and the least restrictive means of pre-trial detention is to be held without bail.

Acting State Supreme Court Justice Robert A. Smith ordered the new hearing in a document dated April 28. It makes several points for why Adam Smith was entitled to a new bail hearing. It points to the April 21 arraignment where Smith’s attorney, conflict defender Sara E. Behuniak, requests Judge Storie to put his bail determination in writing. Judge Smith’s order says Judge Storie never did that.

“Ostensibly, as no written petition is appended to the instant motion, such written determination did not occur,” the document says.

It goes on to say that Judge Storie did not make an “individualized determination” of Smith’s flight risk. The document goes on to say, “there exists an insufficient record for this court to discern whether the remand of the petitioner by the arraigning justice constituted an abuse of discretion.”

The State Supreme Court document directs Judge Storie to place on the record or in writing his individualized determination of Smith’s flight risk, and also document the least restrictive means of securing Smith’s appearance at future court dates.

In court on Thursday afternoon, Ms. Behuniak and District Attorney Gary M. Pasqua each argued their stances on Smith’s pre-trial conditions.

Ms. Behuniak argued Smith does not pose a flight risk. She said despite his criminal history of multiple misdemeanor convictions and one felony conviction, he has never missed an ordered court appearance. She also said Smith doesn’t have any real financial resources. She said significant bail would create an “undue hardship” for the defendant. She said Smith is unemployed and receives Social Security payments. She ended her argument asking Smith be released under probationary supervision, released under electronic home monitoring with probation or to have bail set at no more than $500.

Mr. Pasqua argued that Smith poses a flight risk because he’s currently on probation for attempted third-degree burglary and was not only arrested on the murder charges outside St. Lawrence County, but admitted in interviews with state police that he has recently left the county on occasions where the DA said Smith hadn’t gotten approval from a probation officer to do so.

“By his own admission … [Smith] left St. Lawrence County to get his work truck,” Mr. Pasqua said.

He also noted that Smith receives disability benefits and indicated he wasn’t working.

“I don’t know if the defendant is being honest with the court this moment,” he told the judge.

Mr. Pasqua said that Smith’s burglary conviction stems from a burglary he committed “in the middle of the afternoon.” He pointed out that Mr. Freeman was murdered in the course of a burglary Smith allegedly committed “in the middle of the afternoon.”

“During the time he’s been released, he’s been investigated for issuing a bad check,” Mr. Pasqua said. “He’s under investigation for grand larceny for stealing from his employer and his client.”

He also pointed to the “quality and quantity” of evidence that allegedly implicates Smith in the two murders. Later in the proceeding, Judge Storie said that isn’t an argument he can consider for setting pre-trial release conditions.

Mr. Pasqua also pointed to the severity of the charges Smith is facing, which can potentially carry consecutive life sentences in state prison without the possibility of parole.

“There can be no more severe harm done to another person,” Mr. Pasqua said. “He poses an extensive flight risk.”

Judge Storie ultimately sided with the district attorney. He cited the severity of the charges, and the fact that Smith was on probation when arrested for murder and was apprehended outside of St. Lawrence County. He went on to cite Smith’s limited time living in St. Lawrence County and the lack of family connections in the county, noting his relatives mostly live in Essex County.

“I make the individual determination the defendant poses a risk for flight from prosecution,” Judge Storie said and then remanded Smith to the county jail without bail.

Stemming from the murder of Mr. Durham, Smith is indicted on charges of first-degree murder, second-degree murder, first-degree manslaughter, first-degree robbery and first-degree assault. For the murder of Mr. Freeman, Smith is indicted for first-degree murder, first-degree manslaughter, first-degree burglary, first-degree assault, third-degree grand larceny and four counts of fourth-degree grand larceny. He has pleaded not guilty to all of the counts.

Earlier this month, Mr. Pasqua said the first-degree murder charges mean that Smith allegedly killed the two victims in the course of committing “a designated felony.”

“First-degree burglary and first-degree robbery are designated felonies,” Mr. Pasqua said.

In Mr. Durham’s case, Smith is accused of intentionally killing him while robbing him in East Riverside Cemetery in Gouverneur. Mr. Pasqua declined to say what Smith may have stolen or attempted to steal. Mr. Durham died of a single stab wound to the neck, police have said previously.

In Mr. Freeman’s case, Smith is accused of intentionally killing him while committing a home invasion burglary. Police have said Mr. Freeman was stabbed multiple times at his home on County Route 10 in Rossie.

The third-degree grand larceny charge stemming from Mr. Freeman’s death is for stealing property valued at more than $3,000. The grand larceny counts are for stealing firearms, a credit card and debit card, the indictment says. Smith also stole Mr. Freeman’s truck, which he was driving at the time of his arrest the following day.

Announcing Smith’s arrest on March 7, Sheriff Brooks J. Bigwarfe told members of the press that there is “some association” between Mr. Durham, Mr. Freeman and Smith. He declined to comment further.

Smith has been incarcerated at the St. Lawrence County Correctional Facility in Canton since March 2. Earlier that day, he was arrested driving Mr. Freeman’s stolen 2018 Chevrolet Silverado pickup truck. He was apprehended near the Bradley Street exit on Interstate 81 heading north near Watertown. Police charged him with felony fourth-degree criminal possession of stolen property and booked him into jail.

At the time Smith is accused of killing Mr. Durham and Mr. Freeman, he was on probationary supervision following an attempted burglary conviction.

Prior to Smith’s arrest, state police wrongfully charged 22-year-old Gouverneur resident Frederick A. Wing Jr. with Mr. Durham’s murder just hours after he was killed. Mr. Wing was arraigned that day and remanded to the county jail without bail. While he was incarcerated, Mr. Freeman was murdered, and Mr. Wing was released from jail the following day. Mr. Pasqua has since said Mr. Wing is innocent.

Mr. Wing still has a pending second-degree murder count, but the district attorney’s office and Mr. Wing’s lawyer, Edward F. Narrow, are working through the legal process to get the charge officially tossed.