Wife: FBI Didn't Rule Out Foul Play in Cruise Disappearance

So strange to now read about this on Greenwich Time's website, my uncle and I were talking about this case one night on our trip to Florida- my uncle knows some of George's friends and said he was drinking absynthe that night, and really fell over the balcony on his own accord, and that his chair was left right out near the rail to indicate he was sitting there, as well.

Greenwich Times - Four years after Greenwich resident George Smith IV went missing on a honeymoon cruise, his widow continues to maintain the incident may have been an accident.

However, testimony unsealed Monday reveals that one of Jennifer Hagel Smith's own attorneys believes Smith died as the result of foul play.

"My belief, I think that there was foul play. I've always thought that," said attorney James Walker, the maritime attorney for Hagel Smith.

"And as I go through this case, I'm concerned that there is foul play. I don't believe in coincidences."

Smith was on a Royal Caribbean Mediterranean cruise in 2005 when he went missing. His body was never found, although there were blood stains on an overhang below the couple's private
balcony aboard the Brilliance of the Seas ship. The newly released testimony stems from a 2008 probate court battle in which Smith's family was contesting a settlement reached between his widow and the cruise line.

During his testimony, Walker pointed the finger at four men who were last seen with Smith the night he vanished as potential suspects.

"If anyone was involved in foul play, it was going to be one of those four men," Walker said.

The 2008 testimony also zeroed in on a meeting between the two families and the Department of Justice where U.S. Attorney Peter Jongbloed allegedly told Hagel Smith that his office believed foul play likely was involved.

Attorney Michael Jones, who represents the Smith family, grilled Hagel Smith about what was said at the meeting.

Under cross-examination, Jones asked Hagel Smith, "Do you recall Mr. Jongbloed actually interjecting and looking right at you and saying, 'Jennifer, we also believe there was foul play' -- meaning the Department of Justice and the FBI?"

Hagel Smith said, "No, he said, "If we didn't think there was a possibility of foul play or something, then we wouldn't be investigating this."

Jones continued, saying, "You don't recall him saying that they felt there was actually -- that it really wasn't an accident, that there was something that happened that was more along the lines of foul play?"

Hagel Smith replied, "Well, I mean, it's kind of -- because what I took from that is also the fact they said they didn't have anything pointing at somebody or in the specific direction."

Jones declined comment on that dialogue.

Hagel Smith's father, John Hagel, said Monday the FBI told his family they believe it is a 50/50 scenario whether Smith died of foul play or from an accident.

"The FBI and the U.S. attorney's office are not going to commit to an opinion either way," Hagel said. "They are on the fence, that's what we were told. At the same time, they have not been able to provide us any evidence of foul play."

However, Jones said the Smith family is certain their son was killed.

"The Smith family believes there was foul play," Jones said. "The FBI investigation is open and active, which means they must believe it was more than an accident."

After Smith's disappearance, a divide formed between the two families, particularly after Hagel Smith accepted a $1.1 million settlement with the cruise line, which the probate court upheld despite an outcry from Smith's family, who claimed their son was worth more. The Smith family has alleged that Hagel Smith rushed to settle to avoid embarrassing details coming to light about her behavior the night Smith vanished.

Hagel's family said the probate court validated their daughter's settlement, noting it was reasonable. An appeal of the probate court's decision is pending in state Superior Court in Stamford.

"The Smiths continue to let their emotions cloud facts in this case that cannot be disputed," Hagel said. "The Smiths will not even consider the possibility that George's use of prescription drugs and alcohol could have played a role in his death."

Jones pointed out that the Hagels have no evidence Smith was using prescription drugs, as evidenced by their testimony.

While the FBI has not released any information pertaining to their investigation, as is customary for the agency, Jones said his clients are hopeful that justice will prevail.

"The Smith family is very grateful for the work the FBI and Department of Justice have done in the case," Jones said. "We are very hopeful their continued good work will result in them identifying George's killer."

-- Staff Writer Debra Friedman can be reached at debra.friedman@scni.com or 625-4439.