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Fatal Flaw

A True Story of Malice and Murder in a Small Southern Town

- The Defense - Page 105

Both Smiths said they noticed that all the lights were out in the store—they had never seen that before.  Both noticed two cars parked side by side at the front of the store; a large sedan and a smaller car that was a very dark color, parked directly south of the larger one.

Richard Smith described the dark car as being about the size of a Camaro or Mustang, with a boxy design.  His wife said that the smaller car was parked with its wheels up on the walkway in front of the store; she said it was black or deep blue, not as large as a full-sized sedan, with a squared-off rear window.  This did not remotely describe either the Edwardses' Ford or the Dunaway Olds.

The Smiths took their information to Don Ficke on December 27.2 Ficke sent them to Frye.  On January 12, Frye and two assistant state attorneys questioned the Smiths under oath.  Patricia Smith said that she knew Curtis Dunaway's Oldsmobile, and that it was not either of the cars that she saw in front of the store that night.

Frye pressed her:

Q (FRYE): But, the car you saw parked up on the curb, do you think it could have been Curtis Dunaway's car?

A: (PATRICIA SMITH): No, sir.

Q: Think hard on it.

A: The car I saw was dark.

Q: I don't deny that.  I'm not saying that.

A: It was not two-toned.  It was a totally dark car.

The dark car popped up again.  Edward Reeves, who lived across Temple Grove Street from the Zeiglers, said that he had left his house to buy some liquor at 8:00 on Christmas Eve.  At that time, according to the state, Edward Williams should have been sitting in his truck, parked behind Tommy's pickup, with a dark automobile parked behind it. But Reeves told investigators that he did not see two trucks. He saw Tommy’s pickup, with a dark automobile parked behind it. When he returned about forty minutes later the same car was still parked behind Zeigler's pickup.

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2   Richard Smith had served in the same Reserve until with Zeigler. He later told the defense that Zeigler had been  only a clerk, and had received no specialized medical training.

Page Number: 
105
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