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Order allows prosecutors to try forcing wife to testify at murder trial

Published: Tuesday, Feb. 19, 2013 3:35 p.m. CDT • Updated: Tuesday, Feb. 19, 2013 11:55 p.m. CDT

WOODSTOCK – A judge has signed off on an order granting some immunity to a woman who prosecutors plan to have testify against her husband at his murder trial next week.

Timothy S. Smith, 28, is charged with first-degree murder, as well as pimping, pandering and obstruction of justice.

Police said he and his wife, Kimberly A. Smith, 30, placed an ad online for sex with her, which was answered over Memorial Day weekend in 2011 by 48-year-old Kurt Milliman of Prairie Grove.

A dispute broke out, possibly over money, according to police, and Milliman ended up dead.

Milliman was shot once, with the bullet entering his right shoulder blade, traveling across the chest and lodging near his left collarbone.

Timothy Smith’s attorney, however, has said her client shot Milliman in self-defense.

Kimberly Smith faces her own charges, including obstructing justice, making a false police report and prostitution.

As part of the “use immunity” granted by prosecutors, whatever she says on the stand can’t be used against her.

With her attorney present, Kimberly Smith told McHenry County Judge Sharon Prather that she understood that she must testify and has been subpoenaed to do so.

“I don’t believe she has any choice,” Assistant State’s Attorney Michael Combs said.

As a result of the immunity, prosecutors said, Kimberly Smith also cannot invoke her Fifth Amendment right against self-incrimination.

In the meantime, there still is no deal with her regarding her own case, and she is scheduled to go to trial two weeks after her husband on March 11.

Prosecutors have said in court documents that they are “not inclined to offer Kim Smith any promise or expectation of leniency.”

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