Man serving life sentence for double homicide sues author, publishing company over book on his case

A man who is serving a life sentence for shooting and killing two people on Thanksgiving of 2012 has sued an author and publishing company for defamation over a book about his case.

Byron David Smith claims “Murder on Elm Street” contains “numerous false statements, misrepresentations, and omissions that defame [him] and mislead readers.”

Smith is serving a life sentence without the possibility of parole for the murders of 18-year-old Haile Kifer and her 17-year-old cousin, Nick Brady.

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The “true crime” book was written by Jeremy Luberts and published and distributed by Beaver’s Pond Press.

Smith claims the book contained the false and “defamatory” information, including:

Stating that Kifer apologizes, which Smith says is untrue;

Speculating on Smith’s state of mind;

Repeating the prosecutor’s statement that “We’ve got two dead kids over nothing.” Smith says Luberts was aware of the six break-ins, resulting in the theft of about $53,000;

Smith claims that Luberts misrepresents third-party statements as factual testimony and says the speakers didn’t have personal knowledge of the case;

Smith says the book mischaracterizes his conduct as an “ambush” and “trap,” ignoring the multiple home invasions;

The book states that Smith had a gun “within reach” when the gun was apparently five to eight steps away;

Smith claims the book misstates timelines;

Smith claims the book contains inaccuracies about his home and its layout.

Smith’s claims are not limited to the list above.

According to the lawsuit, Smith notified Luberts and Beaver’s Pond Press of the alleged inaccuracies and asked them to stop further publishing and distribution. “Despite this notice, Defendants continued to promote, distribute, and sell the defamatory book, thereby exacerbating harm to Plaintiff’s reputation,” the lawsuit states.

Thomas Pearson, the attorney listed for Luberts, said neither the law firm nor Luberts has a response to the lawsuit.

Beaver’s Pond Press sent KSTP the following statement:

“Beaver’s Pond Press has deep confidence in the integrity of this book, this author, and our work. We’re respectfully unable to comment further at this time but would be glad to share additional details once this case is resolved.”

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