Friday, the San Joaquin County court calendar added a Monday appearance for Smith after the discovery of human skeletal remains Wednesday here in Amador County. Sharon Morris, assistant court executive officer, said the appearance is to discuss changing the trial date because of "the possibility that they may have found a body." She said confirmation of the identity was unlikely to come by Monday. San Joaquin County Sheriff's officials said Wednesday the remains were found that morning by a California Youth Authority fire crew east of Fiddletown and might be those of a San Joaquin County murder victim. But Thursday, they said they could not release any information because of a gag order.

A gag order is in place in the Smith case. Family of the victim said Smith came to Marino-Starkey's home June 15, 2005, on the premise of purchasing a boat and left for a bank to get money. Morino-Starkey followed him in her car. She was never seen again. Four days later, a relative found her empty Saturn sedan parked at Franzia Winery on Highway 120, about 2½ miles from her home. A surveillance tape showed Smith leaving the car in the parking lot, investigators said, and they arrested him the following day. He had worked on Franzia's maintenance crew. An exhaustive search initially focused on southern San Joaquin County. Investigators at the time theorized Smith had "a small window of opportunity" to dispose of evidence and that Morino-Starkey's body was nearby. There is no connection known yet between Smith and the Fiddletown area.