(09/18/2009)
By Bob Weaver

Grantsville resident Christopher Todd Smith, through his attorney Tom Whittier, has filed several motions related to a 2007 drug case that had been scheduled for trial in Grantsville.

A pre-trail hearing for the motions has been set in Spencer on Tuesday at 10 a.m., with a new trial to be scheduled at a later date.

Attorney Tom Whitter, in presenting motions for a continuance, has a number of motions from quashing the indictment, to a protective order, to a change of venue.

The motion for a protective order appears related to Smith's complaint against Grantsville Police Chief Charles Stephens, alleging Stephens over-stepped bounds in contacting Smith's girlfriend.

In the motion for a change of venue, it indicates "extensive publicity and comment on various Internet blogs," creating what he says is negative "bad boy" publicity for himself.

The motion refers to the Hur Herald as a blog, which it is not, but nonetheless links the Herald to some regional blogs that Smith says makes accusations against his character and makes false reports.

Smith's motion says the "underground press" blogs, have variously made claims about criminal behavior which he did not commit, has worked undercover with law enforcement, and published photos and stories about his sex life.

Smith himself once operated a blog that frequently made negative statements about Calhoun and regional residents.

The Herald has done none of these, and has long-maintained a format as an Internet news site.

The Herald stands behind and is responsible for its' reporting, in Smith's case essentially from public record.

Smith contends in his motion, that the "negative nature of his reputation has become so pervasive...it is not possible for him to receive a truly fair and impartial trial," in Calhoun County.

Judge David W. Nibert said this particular case has been on the court docket for five terms of court.


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