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.”
That’s like someone saying they intended on beating an infant with a baseball bat, but did not mean to kill the baby. Just because it was his penis and not a baseball bat, should he be excused from a death sentence?
“The girl, Autumn Carter, of Mansfield, died because Smith was too drunk to realize his sexual assault was killing the child, Smith’s attorneys planned to tell the Ohio Parole Board on Tuesday. And Ohio law is clear, they say: a death sentence requires an intent to kill the victim.”
So he wasn’t drunk enough to stop violently RAPING an infant, but drunk enough to not know that his violent penetration would kill the baby???
“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.”
An accident is cutting off someone in traffic and hitting their car. An accident is dropping a glass and it breaks. This was willful intent to violently harm a 6 month old child.
“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 says 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 — 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.”
Revenge? No, it wasn’t revenge. He could not get his girlfriend to have sex with him, so he went to the nearest vagina. His sexual urges were under the control of alcohol and Satan.
“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.”
Frankly I hope he did suffocate the baby within the first three to five minutes because that means she did not have to suffer the violent trauma for the entire 30 minutes.
I don’t know that I have a whole lot of hope for the human race right now.