WAFF-TV: News, Weather and Sports for Huntsville, ALMarshall County man on death row for murder awarded new trial

A man sitting on death row for a murder nearly 20 years ago may soon be on his way back to Marshall County.

Larry Smith has been awarded a new trial.

The Alabama Supreme Court recently ruled with lower courts that the death row inmate received ineffective counsel, so now the case appears to be coming back.

Holman Prison inmate, 41-year-old Larry Reynold Smith is getting a new trial after a recent ruling by the state's high court.

He was convicted in 1996 for the 1994 robbery and shooting death of Dennis Harris.

Investigators said Harris's body was found by coon hunters decomposed and decapitated off Teal Road.

Now, prosecutors must prepare to put together a case against Smith 18 years after the murder because the high court found Smith's legal defense was ineffective.

"The court determined that constitutionally the representation was defective.  It doesn't mean necessarily that the defendant is not guilty, but it's saying at least for purposes of the constitution the defendant was entitled to a new trial," said Marshall County District Attorney, Steve Marshall.

The state could seek a final appeal to the U.S. Supreme Court but Marshall says they don't have to hear it.

The defense will have to round up all the evidence and witnesses, and that's not easy to do after such a period of time.

WAFF 48 News also spoke with one man who knew those involved and feels the wrong guy was convicted.

Jason Maples feels he could have been the one shot instead of Harris.  An original witness in the case, Maples said it was a friend of Harris's that threatened him with the very same murder weapon a week before Harris was murdered.

"Larry said, ‘No, that's my friend and you aren't touching him. Go to the next one,' and, unfortunately, that was Dennis," said Maples.

Despite a confession by Smith, Maples believes it was, instead, the guy who threatened him who did the shooting nearly 20 years ago.

"I believe the truth needs to come out after, what, 18 years?  It needs to come out," he said.

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