Montgomery officer’s murder trial stayed by AL Supreme Court

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MONTGOMERY, AL (WSFA) - The Alabama Supreme Court has issued a stay in the murder case involving Montgomery police officer Aaron "Cody" Smith.

The stay halts the trial proceedings, which were scheduled to begin Monday, and orders the presiding judge and State to respond to questions in the petition they were served on Aug. 3 within 14 days.

When the 14-day response period ends on Aug. 22, Smith's defense will have a week to file a brief in reply.

The stay was not unanimous. Four justices concurred, two including Chief Justice Lyn Stuart dissented, and three others recused. The full order can be read below.

Smith was set to go on trial in Montgomery Circuit Court Judge Greg Griffin's courtroom Monday, more than two years after being charged with murder in the death of Gregory Gunn, a Montgomery resident shot to death during an on-duty altercation in February 2016. Gunn did not have a firearm, but Smith has stated he believed he did when the altercation began.

TIMELINE: Gregory Gunn's death and Officer A.C. Smith's arrest

The high court's decision comes after several unsuccessful petitions by Smith's legal team before Judge Griffin and the Alabama Court of Criminal Appeals.

Friday, Smith's petition before the Alabama Court of Criminal Appeals for a Writ of Mandamus was denied. His petition sought to compel Griffin to grant him immunity from prosecution, to recuse from the case, and for a change of venue.

The criminal appeals court stated in its denial that it could not conclude from the petition that Griffin abused his discretion in denying Smith's motion, calling the statement judicial in nature, explaining his decision for denying immunity.

Griffin, himself, previously denied the motions filed in circuit court.

ALABAMA SUPREME COURT ORDER