Morrison Co. Killer Sues Over Investigator’s Book

Byron Smith
Byron Smith
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Morrison County ( trfnews.i234.me ) – Byron Smith, a Little Falls man serving life in prison for the 2012 murders of Nicholas Brady and Haile Kifer, has filed a civil lawsuit claiming defamation. Smith alleges that a book about the case, written by former Morrison County Sheriff’s sergeant Jeremy Luberts, contains false and misleading statements.

The lawsuit, filed August 8 in Morrison County District Court, also names the book’s publisher, Beaver’s Pond Press of St. Paul. Smith, 77, argues that Luberts’ 2023 book, Murder on Elm Street, defames him through inaccuracies, speculation, and misrepresentations about the investigation.

Smith says his counsel notified Luberts and Beaver’s Pond Press in March 2024, requesting they stop publication and distribution. He claims they ignored the warning and continued promoting the book. The lawsuit states Smith has suffered emotional distress and reputational harm due to its ongoing sale.

Among Smith’s claims of inaccuracies are allegations that Luberts speculated about his mental state, misstated timelines, mischaracterized evidence, and included fabricated statements. Smith is seeking damages and an injunction to halt all further publication and distribution of the book.

In response, Luberts said he stands by his work. “I feel it’s ironic that he’s suing me when everything I wrote is truthful,” Luberts said in an interview. He described the book as partly written for personal therapy, citing stress, divorce, and early retirement linked to the high-profile case. He called Smith’s lawsuit “another means of harassment.”

Luberts also pointed out that Smith was allowed to tell his version of events in another book, Imprisoned by Fear, written by a supporter. “It’s a First Amendment right that I have to tell my story,” Luberts said, adding that he and his publisher plan to fight the lawsuit.

Smith, representing himself in the civil case, is asking for general and special damages, legal fees, and court-ordered relief. No hearing date has yet been scheduled, and Luberts said his publisher has not been served with the lawsuit.

Smith was convicted in 2014 of first-degree murder for shooting Brady and Kifer after they broke into his home on Thanksgiving Day 2012. His conviction was upheld by the Minnesota Supreme Court in 2016. He is serving life without parole at the Minnesota Correctional Facility in Oak Park Heights. Learn more about Minnesota civil courts here.

I’m Chris Harper reporting for TRF News.

Byron Smith
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