Woman had ‘no idea’ partner was trying to kill mother, 82

8:50am Friday 5th September 2008

THE jury was today considering its verdict in the case of a 82-year-old York woman nearly smothered to death by her son.

Marrion Herrington, 42, is alleged to have encouraged her boyfriend Barry Armstrong-Smith, 47, to kill his mother Anne Smith. She denies attempted murder. Armstrong-Smith admitted attempted murder at an earlier hearing.

On Day Four of her trial at Leeds Crown Court, Herrington claimed she had no idea that Armstrong-Smith was going to try and kill his mother.

All three lived together in Mrs Smith’s bungalow in Lochrin Place, Acomb, and the jury heard Mrs Smith, who was 81 at the time, returned home from hospital on February 28.

While in hospital, the widow had changed her will so that Armstrong-Smith stood to inherit a quarter of the house, believed to give him a £40,000 legacy. Late on February 29, all three were home. Herrington alleged she left Armstrong-Smith watching television while she had a bath. They had not discussed wanting to murder Mrs Smith.

Herrington alleged that Armstrong-Smith had shouted at her to get the phone, which she took to him in his mother’s bedroom, wearing a dressing-gown. Then he told her he had tried to smother his mother with a pillow. Giving evidence, the girlfriend alleged she knew Mrs Smith had changed her will to include her son, but she did not know what share he would get and she did not want any of the money.

Mrs Smith claimed earlier she had seen Herrington standing in the doorway of her bedroom as Armstrong-Smith was trying to smother her with two pillows, a sheet and a duvet.

The jury retired to consider their verdict 3.20pm yesterday and had not reached one when they were sent home about an hour later. They were due to resume their secret discussions this morning.