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Arbitration Hearings Continue in the Smiley Burnett Case

Friday, November, 13, 2015


The most recent developments in the arbitration hearings between Const. Jeff Smiley and Kim Burnett involve denials of physical abuse. Smiley is Burnett’s common-law husband and is facing four counts of inappropriate conduct, which includes domestic assault. Burnett’s testimony included her plans to end the relationship and how she was concerned he’d have access to her asset. She acknowledges things were bad enough to leave, but that no physical assault had occurred and that she had never said Smiley restrained her.


She did say he put his hands on her during anxiety attacks to comfort her. She further explained, “He has never hit me, or physical bruised me, or done anything like that. It’s like a hug bone bad, because he’s hugging me to hold me, and I don’t want to be hugged. I want to get out.”


Burnett was previously diagnosed with obsessive compulsive disorder. She described their interactions as “It’s not OK, but it’s not bad.” In a police interview played at the arbitration hearings, she stated she felt nervous Smiley might hit her or grab her too hard.


Burnett has since testified she was irrational when she contacted police over her encounter with Smiley. She described her anxiety as a 10 on a scale of one to 10, and told the panel she had not taken her medication that day. She said Corporal Dwight Doyle, a friend, insisted she come to the police station that day. Burnett also pointed out to the panel that when she met with victims’ services several weeks after the assault charges, she asked that they lift the civil protection order.