Judge OKs body exhumation in woman's drowning death

Forensic pathologists will examine the body of a Tooele woman who died a year ago, looking for evidence to either support or debunk her boyfriend's confession that he killed her.

The tests will require the body of Nicole Speirs to be exhumed, a prosecution request 3rd District Judge Mark Kouris granted Tuesday.

Police were called to the woman's house March 25, 2006, after boyfriend Walter Smith reported finding Speirs facedown in the bathtub with the water still running. The state ruled her death an unexplained drowning. Then in December, Smith told police he was responsible for her death and was subsequently jailed and charged with homicide.

State and defense pathologists will both examine the body. Smith is a former Marine who served a tour in Iraq in 2003. Matthew Jube, Smith's lawyer, said Smith suffers post-traumatic stress disorder, and Jube believes his confession is suspect. Jube said he is skeptical the examination of Speirs' body will reveal any reliable information but believes the examination might be helpful.

"I want to get to the bottom of these facts. It is very likely (the examination) is going to reveal something that's helpful to him, if it's reliable," Jube said. "There is a very good possibility he did not do this."

Speirs and Smith had broken off a relationship and then got back together after Speirs found out she was pregnant with twins and Smith was the father, according to a police report. Speirs later delivered twin boys.

Tooele County prosecutors have not returned calls to comment on the judge's order to allow the body to be exhumed and tested.

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