Smith Anticipated to Testify in Bundick's Trial - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Smith Anticipated to Testify in Bundick's Trial

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ACCOMACK COUNTY, Va. - The defense attorney for accused Accomack County arsonist, Tonya Bundick, said Thursday that he anticipates Charles Smith, Bundick's fiance, to take the stand in court next week.

Bundick's attorney Allan Zaleski made those remarks Thursday after a motions hearing in Accomack County court.  Bundick's defense filed a motion in limine which is a request to limit certain evidence into a trial.  Monday, Bundick will stand trial for two charges, arson and conspiracy to commit arson.  At a later date, she will have another trial for her additional 62 counts of arson.  Zaleski wanted to keep those trials as separate as possible and not allow evidence from the larger trial into the smaller one.  He also did not want to allow statements Charles Smith made to police included as evidence.  Zaleski's motion was denied.

"We will accept the ruling of the court and we will go on from there.  And we've got a case to try on Monday and we are going to be there," Zaleski said.

The judge did say, however, that any statements that Charles Smith has made to police outside of the courtroom as hearsay, so if Smith's testimony is to be included, he will have to take the stand in court.  That is something Bundick's defense team is expecting to happen.

"She made no statement, and Charlie made a statement and if he doesn't testify against here... That's the only evidence they have.  No fingerprints, no DNA.  It's just one person's word against the other," said Zaleski.

The Commonwealth's attorney, Gary Agar, declined to comment after court on Thursday.  The judge also said that 50 people have been summoned to court Monday in Virginia Beach.  The judge and both attorney's agreed that should be a large enough number to be able to find 12 impartial people for a jury.

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