Posted on 04/02/2013 10:40:50 PM PDT by grundle
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 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.
(Excerpt) Read more at news.yahoo.com ...
I don't care how drunk someone is, there are no beer goggles which make a baby look like someone above the age of consent.
Fry the S.O.B.
This case begs for a short rope and a long drop.
Execution by flamethrower. Next case!
I can’t wrap my mind around the evil that it takes to do what this bastard did. Ditto for those perps who murdered that baby in Brunswick, GA.
The sooner the better? It’s been 15 years already which is another problem with out justice system.
For these types of crimes he should have been dead a few feet from the court house.
For the “what about” folks I could maybe bend my thought process to allow up to 3 appeals within 3 months then BANG.
This subhuman would try to rape one of the sharks. Hopefully, the wrong end...
Some people define "accident" differently than others.
This murder/rape happened in 1998, I hope he gets the needle some time during this century.
It's only been 15 years.
Lawyers will and are destroying are great country.
Divorced nearly a year now. Have three daughters from age 11 to 17. I don’t date and don’t expect to for another 7 years or so.
They need to strap the lawyer down next to this scumbag and give him a double dose...
Okay, we won’t kill you, but we’re gonna shove this telephone pole up your a$$, and if you die, it was “just a horrible accident.”
libs are against the death penalty, so they will recast this heinous crime the same as a late term abortion. i have heard arguments that a child is not human until he reaches the age of reason, or some such bs. is it time yet?
I am convinced there’s a special place in Hell for some defense attorneys....
Put him and the former girlfriend in a room together.
Bind the man’s arms and legs.
Let the girlfriend select a firearm of her choice (and give her the proper training to wield it, if she lacks it....
We can make an exception in this case.
Yeah. The mother could have had her daughter dismembered 6 mos ago and the libs would have praised her.
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