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Further Information

  • The victimized homeowner, Smith, moved his vehicle 2 blocks on the north end of town for fear of vandalism. It was his fourth vehicle move that week.

       The attackers lived 2 miles away, by the golf course on the south end of town.

       How would they have known he moved his vehicle?

  • If some unknown, hypothetical observer is assumed, why wasn't this collaborating felon identified and punished?

      (In just two blocks, between 11:30 and 12:00 - at noon on Thanksgiving

      when most homes are empty.

      (is that why they attacked?)​ - this wouldn't require Sherlock Holmes)

  • Is this necessary assumption of an unidentified collaborator for aiding and abetting, sufficient excuse to inflict life sentences without parole?

  • The $53,000 statement of losses includes copies of all purchase receipts, with serial numbers, of all stolen items.

       None of the stolen items were found in the homes of the six known gang members, including         two other attackers found guilty of felony theft.

       None of the items were found in any pawn shops.

       Who was looking?

  • Rachel Brady (sister of the male attacker), the unemployed daughter of a welfare family, pawned $600 (felony) of gold jewelry at Security Pawn + Coin in Saint Cloud. Much later, Smith identified his items by design and material, and by places and reasons for original purchase. Officials made no attempt at recovery. No charges were ever made on these felony crimes of this Brady.

  • After the third burglary, Luberts advised smith to put up lights to scene off the burglars (daytime burglars!). He advised video to "gather more evidence" (get attacked again!). After the 4th burglary (2nd break-in), Luberts refused to answer Smith's written plea for help, refused to visit the scene, and refused to write a report. [there's much more, but this is enough]

Other Significant Notes

  • On the Saturday after Thanksgiving, Smith told Bill to get the 20 lb. turkey he had thawing in a large pail of ice water and give it to the Lange’s. Bill found the large pail with pinkish water right where Byron said it was, but no turkey was there. Law enforcement had the only access to the property on Friday and Saturday.

  • Colt Litzau told a private investigator that he saw Casper and Brady at Crossroads Mall with fistfuls of hundred dollar bills in early November 2012. This is soon after over $40,000 of property was stolen from Byron’s home. They had bought expensive coats and snowboarding gear.

  • Other neighbors to Smith, reported hearing their doorbell ring in the middle of the night, too.

  • The audio tape sequence as presented at trial, we believe to have been altered to fit the prosecution's theories. Compare the video recording with embedded time data to the audio recording that has no time data at all. All time data was generated by the prosecution after they modified the audio.

  • The jury’s decision is telling us to believe that a retired man would “lure” violent attackers who had stolen his guns back to his home so he could shoot them. Even though all the doors and windows to his home were locked and dead-bolted since he had experienced the violent attack and burglary of October 27.

  • The shoe worn by Nick Brady on Thanksgiving was the same shoe pattern from the kicked-in door panel from October 27th burglary.

  • How would the burglars know that Smith was not home on Thanksgiving, unless someone was watching that day? How would they know his car wasn’t in a garage? Smith’s neighbor’s daughter, Ashley Williams was seen unusually driving up and down Elm Street several times on Thanksgiving morning. According to Byron’s neighbor, in 3 out of 4 times that Smith had left his home and was burglarized, she had been visiting her parents on Elm Street.

  • The jury list contained many candidates that were Facebook friends of either the Brady/Kifer families and law enforcement personnel. Also included in the jury pool was the funeral director for Brady and Kifer. Most of the potential jurors were not within the city of Little Falls. More than two-thirds of the potential jury candidates live within the city, so how is it possible that none were selected? The final selection of jurors all lived outside the city of Little Falls. In fact, there are at least two jurors that do not even reside in Morrison County.

  • Byron Smith is still wondering why a deputy repeatedly asked him if he had seen “something on the boy’s waist”. Immediately after law enforcement arrived to the Smith home on that Friday (after Thanksgiving), that deputy also repeatedly asked Smith if he had noticed “anything in the girl’s boot.” The deputy then left the room where Byron was being questioned and was speaking to another in a hushed voice so Byron could not hear what he was speaking about. Were they really unarmed? School friends have reported that Nick Brady owned a bullet proof vest and wore it to school to brag about it. His classmates also talked about his collection of guns in his bedroom. His mother refused to let the sheriff’s department inspect his bedroom after the shooting. The deputies did not secure the bedroom. Later that evening, the house was visited by at least one person removing items from the house.

  • There has been suspicious activity at a home on Elm Street for years. When neighbors suspected drug activity due to the numerous cars going in and out for short periods of time, law enforcement personnel were notified. Twice when neighbors notified law enforcement with specific information, such as license numbers on suspect cars, the traffic stopped.

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