Attorney: Evelyn Smith, Wife of Missing Novato Man, Will Keep Quiet for Now

An attorney for Evelyn Smith, the Novato woman who was married to a man who has been missing since September, said Friday that his client will not make any statements to police.

Human remains were discovered in the Smiths’ backyard on Wednesday night and exhumed Friday morning. On Feb. 9, police learned during a welfare check to 4 Rebecca Way that resident Dale Smith, 74, had not seen in the neighborhood since September. Evelyn Smith, 55, told police that her husband was away visiting her brother, but that story did not pan out when police contacted the brother.

Evelyn Smith is now a “person of interest,” according to Novato police, but has not been arrested.

“This is in their lap to figure out, not in our lap to explain," San Francisco attorney Hugh Levine said of the police. "The ball is in their court. They need forensic pathology results, and that might take a long time.”

Novato police Captain Jim Berg said it is necessary to wait for identification on the body and a cause of death before an arrest or charges can be considered against anyone. The autopsy probably will be conducted early next week, he said.

Levine said Dale Smith was suffering from bladder and esophageal cancer and congestive heart disease. He said Dale Smith, a retired carpenter, could have committed suicide, died of natural causes or at the hand of another person.

"It's quite clear the only evidence of a crime is improper disposal of remains," said Levine, a prosecutor for 12 years. "... It's all speculation about the cause and manner of death. There are a lot of possibilities."

Berg said if the coroner’s office determines that it is Dale Smith's body, police will re-interview family, neighbors and Evelyn Smith and try to determine how the body got in the backyard.

— Bay City News Service