Judge to rule on whether woman to face trial

Kim Smith

Friday, April 13, 2001 | 10:28 a.m.

Justice of the Peace William Jansen will decide next week if prosecutors have enough evidence to try a Las Vegas woman for murder in the death of her mother, who was found sealed in a trash can.

Police believe Brookey West, 36, killed her mother, Christine Smith, 68, in February 1998, sealed her remains in a 56-gallon plastic trash can and put the trash can in storage for three years.

The only problem is that there wasn't enough of a body left to determine what the cause and manner of her death was.

As a result, West's attorney, Deputy Public Defender Scott Coffee, argued Thursday that the state doesn't have enough evidence to show that a crime occurred.

Chief Deputy District Attorney Frank Coumou, however, argued there are plenty of other factors that point to Smith's death as being a homicide.

For one thing, a white kitchen trash bag was tied tightly over what remained of West's nose, mouth and chin, Coumou said.

In addition, Metro homicide Detective David Mesinar testified Thursday that Smith had never been reported missing and someone regularly used Smith's bank account between February 1998 and Feb. 5, when the remains were found by storage unit renters who complained about the stench emanating from the unit.

Smith's name was the only name on the account and all of the ATM withdrawals took place at convenience store machines that aren't equipped with cameras, Mesinar said.

Although a Satanic Bible and witchcraft books were found in the storage unit as well, authorities believe Smith's death was more than likely connected to the $1,000 checks she received monthly from Social Security.

Found within West's apartment were her mother's most recent bank statements, keys that fit the lock on the storage unit and silver duct tape similar to that used to secure the lid of the trash can, Mesinar said.

Mesinar said when he spoke to West on the evening of her arrest Feb. 7, she appeared to be lucid and coherent.

"All she would say is that her mother died of natural causes and she wanted to talk to her therapist and her attorney," Mesinar said.

Mesinar acknowledged under cross-examination that Smith may have had Alzheimer's Disease and often required help making ATM transactions. As a result, other people could have had her ATM access code.

The detective also admitted that Smith herself used convenience store ATMs, so using a machine that doesn't have a camera doesn't necessarily mean anything suspicious is going on.