COLUMBUS, Ohio (AP) — Condemned killer Steven Smith‘s argument for mercy isn’t an easy one. Smith acknowledges he intended to sexually assault his girlfriend’s 6-month-old daughter but says he never intended to kill the baby.
The girl, Autumn Carter, of Mansfield, died because Smith was too drunk to realize his sexual assault was killing the child, Smith’s attorneys were telling the Ohio Parole Board on Tuesday. And Ohio law is clear, they say: a death sentence requires an intent to kill the victim.
“The evidence suggests that Autumn’s death was a horrible accident,” his attorneys, Joseph Wilhelm and Tyson Fleming, said in a written argument prepared for the board.
They continued: “Despite the shocking nature of this crime, Steve’s death sentence should be commuted because genuine doubts exist whether he even committed a capital offense.”
Smith, 46, was never charged with sexual assault, meaning the jury’s only choice was to convict or acquit him of aggravated murder, his attorneys say.
The Richland County prosecutor said Smith continues to hide behind alcohol as an excuse, and calls Smith’s actions “the purposeful murder of a helpless baby girl.”
Prosecutor James Mayer told the board in his own written statement that the girl’s injuries are consistent with a homicide that contradicts Smith’s claim he didn’t intend to kill the girl.
“The horrific attack upon Autumn Carter showed much more than Smith’s stated purpose,” Mayer said.
Mayer said Monday he didn’t know why Smith wasn’t charged with rape, but said it wasn’t part of a trial strategy.
The attack happened early in the morning of Sept. 29, 1998, in the Mansfield apartment of the girl’s mother, Kaysha Frye, a woman Smith had been dating about six months.
Frye was awakened after 3 a.m. by a naked Smith, who placed Autumn beside her in bed, according to records prepared for the parole board hearing. Frye realized the girl wasn’t breathing, told Smith he’d killed her, then ran to a neighbor’s house for help.
Smith, known to consume as many as 12 beers a day, had had several beers earlier in the evening and had a blood-alcohol content of .123 — well above the legal limit for drivers — when he was tested almost eight hours later, at 11 a.m., records show.
Smith had unsuccessfully tried to have sex with his girlfriend the evening before the attack, according to records. The prosecutor argued that Smith’s assault of the girl was revenge for Smith’s failure to perform with Frye.
Smith’s attorneys dispute this, saying the girlfriend was not upset with Smith.
Prosecutors presented evidence at trial that Smith’s attack lasted as long as 30 minutes, during which time Smith beat the girl to death.
Expert witnesses for Smith conclude he may have accidentally suffocated the girl within three to five minutes while he lay on top of her, according to Smith’s clemency petition.
Smith’s attorneys have an uphill battle in their argument because of the “moral repugnancy” surrounding the claim of partial innocence, said Doug Berman, an Ohio State University law professor and death penalty expert.
“But if the lawyers for this defendant can legitimately assert that the evidence doesn’t show or support that this was an intentional killing, not only is it appropriate to bring this up at clemency, I think they’re obliged, representing their client appropriately, to stress this point,” Berman said.
If executed, Smith would become the 51st inmate put to death in Ohio since the state resumed executions in 1999. The state has enough of its lethal injection drug, pentobarbital, to execute Smith and two other inmates before the supply expires. Eight more inmates are scheduled to die from November through mid-2015.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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