The Star Beacon; Ashtabula, Ohio

World, nation, state

April 3, 2013

Man who killed 6-month-old girl seeks mercy

COLUMBUS — Condemned killer Steven Smith’s argument for mercy isn’t an easy one. Smith acknowledges he intended to rape his girlfriend’s 6-month-old daughter but says he never intended to kill the baby.

The girl, Autumn Carter, died because Smith was too drunk to realize his assault was killing her, Smith’s attorneys argued in court filings with the Ohio Parole Board, which heard the case 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,” Smith’s 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 rape, meaning the jury’s only choice was to convict or acquit him of aggravated murder, his attorneys say.

However, rape was included in the indictment against Smith as one of the factors making him eligible for the death penalty. Under Ohio law, an aggravated murder committed in the course of another crime — such as burglary, robbery, arson or the killing of a police officer or child — is an element that can make someone eligible for capital punishment.

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 written statement that the girl’s injuries were consistent with a homicide that contradicts Smith’s claim he didn’t intend to kill her.

“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 he 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, whom 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 and then ran to a neighbor’s house for help.

Smith, known to consume as many as 12 beers a day, had had several beers the previous evening and had a blood-alcohol content of 0.123, 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.

1
Text Only
World, nation, state
  • Poll finds Clinton trouncing entire GOP field

    Hillary Clinton isn’t only the strong front-runner for the 2016 Democratic presidential nomination, but she’s well ahead of every potential Republican rival, according to a new McClatchy-Marist Poll.
     

    April 16, 2014

  • Ukraine bares teeth against eastern uprising

    In the first Ukrainian military action against a pro-Russian uprising in the east, government forces repelled an attack Tuesday by about 30 gunmen at an airport, beginning what the president called an “anti-terrorist operation” to try to restore authority over the restive region.
     

    April 16, 2014

  • U.N. Security Council sees grim images of Syrian dead

    The U.N. Security Council fell silent Tuesday after ambassadors viewed a series of ghastly photographs of dead Syrian civil war victims, France’s ambassador said. The pictures showed people who were emaciated, with their bones protruding, and some bearing the marks of strangulation and repeated beatings, and eyes having been gouged out.

    April 16, 2014

  • U.S.: Russia causing Ukraine unrest

    The White House on Monday said there was “overwhelming evidence” that Russia is fomenting unrest in eastern Ukraine, but suggested that President Barack Obama has not yet concluded that Vladimir Putin’s actions warrant broader sanctions on key Russian economic sectors.

    April 15, 2014

  • Woman arrested after dead babies found

    A Utah woman accused of killing seven babies she gave birth to over 10 years was arrested Sunday after police discovered the tiny bodies stuffed in separate cardboard boxes in the garage of her former home.

    April 14, 2014

  • Rome man killed in crash

    The Ohio State Highway Patrol Chardon Post is investigating a fatal crash that took place just after midnight Sunday.

    April 14, 2014

  • 3 dead in shootings at Kansas facilities

    Three people died Sunday when a gunman opened fire outside the Jewish Community Center and a senior living facility in Johnson County, Kan.

    April 14, 2014

  • High fees eroding many 401(k) accounts

    It’s the silent enemy in our retirement accounts: High fees.
    And now a new study finds that the typical 401(k) fees — adding up to a modest-sounding 1 percent a year — would erase $70,000 from an average worker’s account over a four-decade career compared with lower-cost options. To compensate for the higher fees, someone would have to work an extra three years before retiring.

    April 14, 2014

  • Abortion in cases of rape: New rifts in old debate

    Poll after poll over many years has shown that Americans overwhelmingly support legal access to abortion for women impregnated by rape. Yet the issue remains divisive, as demonstrated by two current rifts — one involving U.S. aid policy overseas, the other highlighting strategy differences within the U.S. anti-abortion movement.

    April 13, 2014

  • Ohio geologists link small quakes to fracking

    Geologists in Ohio have for the first time linked earthquakes in a geologic formation deep under the Appalachians to hydraulic fracturing, leading the state to issue new permit conditions Friday in certain areas that are among the nation’s strictest.

    April 12, 2014

House Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
AP Video