NOVATO (BCN) – The wife of a deceased man whose body was exhumed from the backyard of the couple’s home at 4 Rebecca Way in Novato last week will continue to exercise her right to remain silent, her attorney said Thursday morning.

Novato police identified the body, found beneath a brick patio, as 74-year-old Dale Aaron Smith, who had not been seen for several months.

The cause of death has not been determined because toxicology tests haven’t yet been completed, Novato police Lt. John McCarthy said.

“The investigation is continuing, and we hope to have a clear cause of death by next week,” McCarthy said.

Police consider Smith’s 55-year-old wife, Evelyn Smith, to be a person of interest. McCarthy said police will have to contact her attorney if they want to question Smith further.

Smith gave police and the FBI permission to search her home and dig beneath the brick patio last week.

Her attorney, Hugh Levine, said Thursday morning he was informed Wednesday afternoon that the body found was that of Dale Smith.

“The identity of the remains doesn’t come as a surprise. I wasn’t  expecting the remains to be identified as Jimmy Hoffa, Amelia Earhart or any other notorious missing person,” Levine said Thursday morning.

Levine has maintained that the only crime that has been committed is a misdemeanor offense of improper disposal of remains.

Levine also said he does not know the cause of Dale Smith’s death.

“I suspect if there was, say, a bullet hole in the cranium, they would have given us an indication,” Levine said.

He said police haven’t yet asked to speak with his client again.

“They know she is represented by counsel and she is asserting her right to silence,” Levine said.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Bay City News contributed to this report.)


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