Judge Elizabeth Hruby-Mills allowed Micah Smith, who has pleaded not guilty to three counts each of child torture and child abuse, to speak with his three children under supervision by their court-appointed guardian ad litem; he cannot discuss the case with them.
The charges stem from an Oct. 12, 2025, hike with Smith's children, then ages 8, 4 and 2. First responders described the 4-year-old as mostly exposed and unconscious. The child was intubated and received CPR for 25 minutes en route to the hospital, later suffered a stroke, and had part of his skull removed by doctors.
An earlier order issued after Smith was charged in December 2025 barred contact, citing a significant safety risk. Prosecutors' pretrial detention motion said Smith had expressed suicidal thoughts before the hike and alleged that on Nov. 10, 2025, he interfered with the 4-year-old's care and tampered with hospital equipment. Smith's next hearing is set for Nov. 16, 2026.
