CHARLESTON, W.Va. – A trial is set to move forward in a Kanawha County murder case that has stretched for more than four years.
Michael Smith appeared before Kanawha County Circuit Judge Kenneth Ballard on Thursday for a motions hearing ahead of his October 27 trial for the 2021 murder of Cheyenne Johnson. Smith faces several charges, including first-degree murder and concealment of a dead body.
Virginia Smith, to whom Michael Smith is not related, pleaded guilty to first-degree murder, concealment of a dead body, and using a firearm during a felony in 2023, admitting to killing Johnson and putting her body in a well while agreeing to testify against Michael Smith.
One of the motions taken up during the hearing concerned the testimony of one witness whose statements led to further investigation after Michael Smith had admitted to killing Johnson.
The prosecution intended for that witness to appear before Judge Ballard during the hearing and stated she had been present at the courthouse but could not be located once the proceedings began.
Michael Smith’s defense attorney, Robbie Long, stated that he believed aspects of the witness’s testimony should be considered hearsay and thus not permitted during the trial. Judge Ballard stated he would make a ruling on the testimony soon.
Long presented another motion that would allow him to question that specific witness about a story about Virginia Smith that the witness was involved in and was relayed to police during the investigation.
Other motions included the defense’s argument to stop certain photos taken by the crime scene investigator and medical examiner from being used as evidence during the trial, as well as a request for Michael Smith to be permitted access to certain evidence while still in jail.
Michael Smith addressed Judge Ballard directly when provided the opportunity to request co-counsel at trial, stating he would welcome an appointment from the public defender’s office to assist Long but that his desire is for the trial to begin as scheduled.