Suspect in Boy’s Slaying Faces Multiple Charges

Ventura County prosecutors filed murder, kidnaping and arson charges Monday against Gregory Scott Smith in the death of 8-year-old Paul Bailly, whose gagged and burned body was found 10 days ago near Simi Valley.

Prosecutors also filed special circumstances allegations--murder in the course of a kidnaping--which could result in Smith, 21, of Canoga Park, facing the death penalty.

Dist. Atty. Michael Bradbury said “There’s no question in my mind” that Smith was responsible for Paul’s death. “If there was, we wouldn’t file charges,” he said.

Paul died within four hours of his disappearance from a child-care program at Darby Avenue Elementary School in Northridge, where his mother had dropped him on the morning of March 23.

The boy’s body was found about noon the same day by firefighters who were called to extinguish a brush fire in the Santa Susana Knolls area south of Simi Valley.

On Thursday, Ventura County Coroner Dr. F. Warren Lovell ruled that Paul choked to death on his own vomit while his mouth was taped shut. Lovell said Paul’s body was set on fire after he died, and it did not appear that he had been sexually assaulted.

However, Bradbury said investigators are awaiting the results of tests to determine whether the youth was molested.

Smith appeared for arraignment Monday but agreed to have the proceeding postponed until April 16 because his attorney had not had time to read the police report. He will continue to be held without bail.

Defense attorney Barry F. Hammond received a copy of the report, which Bradbury called “voluminous,” on Monday.

Smith appeared in jail blues with his head bowed before Ventura Municipal Judge Thomas Hutchins.

Hammond asked Hutchins for permission to appoint a co-counsel and an investigator to help him defend Smith, but Hutchins said he would let a Superior Court judge handle such matters.

Bradbury said a search warrant report and affidavits containing facts about the case will be sealed until further notice.

He said the postponement will allow investigators time to finish compiling results from evidence tests and to interview more potential witnesses.

Bradbury said that members of both Paul and Smith’s families have been interviewed by deputy district attorneys.

“We feel it’s a good case, for reasons that will be clear at the time of the preliminary (hearing).” Bradbury said. “We’re tying down a lot of leads we have.”