Lack of Foul Play Evidence in Dale Smith's Death is No Surprise, Says Novato Widow's Attorney

The attorney for a Novato woman whose husband was underneath a brick barbecue said he’s not surprised that the autopsy did not reveal signs of foul play.

Evelyn Smith's attorney, Hugh Levine, said Wednesday that Dale Smith, 74, suffered from several serious illnesses before he was reported missing by a neighbor on Feb. 9. After his body was exhumed on Feb. 23, several neighbors said Dale Smith had not been seen in months.

"There were no signs of gross injuries. They have nothing,” Levine said. “They
don't know how the man died.”

Evelyn Smith, who was questioned by the police Feb. 9 and remains free, had told investigators that Dale Smith out of town was visiting his brother. When the brother told police that wasn't true, detectives sought a search warrant for the house at 4 Rebecca Way on Novato's east side. Several agencies, including the FBI and search-and-rescue crews, aided Novato police in the discovery and exhumation of the badly decomposed body.

On Tuesday, Novato police said the autopsy and toxicology reports from the coroner’s unit of the Marin County Sheriff’s Department as to a cause of death. Novato police Captain Jim Berg said the results showed no signs of trauma or poisoning.

Levine has previously said Dale Smith suffered from bladder cancer, esophageal cancer and congestive heart disease, and that the only evidence of a crime is the improper disposal of remains.

Evelyn Smith remains a “person of interest” for Novato police because she was
the last person to see her husband alive and police still want to interview her, Berg said.

"We'll have to coordinate our conversations with her through her attorney," Berg said.

He said it is still possible Smith was murdered. "We can't rule out natural death or homicide," he said.

Novato police will continue the investigation with more interviews and will review medical and financial records to help determine a possible cause of death and uncover any evidence of criminal behavior, Berg said.

— Bay City News Service