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Man rapes baby to death, wants Mercy now

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Steven Smith, a condemned Ohio killer, is making an unusual plea for mercy ahead of his scheduled execution next month. (AP Photo/Ohio Department of Rehabilitation and Corrections)


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 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.

"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 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.

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.

Steven Smith, Ohio Man Who Sexually Assaulted 6-Month-Old Baby Girl To Death, Seeks Mercy
 
Just kill him save the taxpayer the cost of a trial
 
Stone him to death....with a large stick up his ass.

:coffee:
 
i think the death penalty is way to easy... Lock him up in a dark cell, no lights, with dripping water and drop bugs in for his dietary needs and give him a box of matches once a month.

this!!-----^
 
too bad his girlfriend didn't kill him at the time. Think of all the time and money that would have saved.
 
Well we all know what anyone of us would like to do to him if we got our hands on him. Especially us parents. Hits close. I'm glad he's not in Cali. We don't execute people on death row. We give them their own room, padded bed, tv, good dinners and all the time in the world to live for free. It's fucking ridiculous. I say they turn him loose in AG seg where all the gays are and let them rape him to death with sand paper condoms.
 
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Man, I feel all weirded out just reading that crap!

Kill that freak and the mother too, for not being upset !? That has to be a lie.
 
I originally clicked on this thinking I was going to read someone bashing azza. I get a kick out of those threads.
 
No excuse, just execute him. Don't put this scum to sleep with chemicals like an old pet, hang the SOB.
 
what a bunch of pussies we Americans are for not having killed this pos already. some cop, prison guard, or fellow inmate along the way should have had enough moral outrage or stomach churning contempt for his actions to off him by now.
 
while we all know that the death penalty doesn't work sometimes people just don't deserve to live anymore. and anybody that rapes a child or an elderly person fits in that category.
 
i can't remember where i saw it, probably ogrish.com, but i saw a video years ago where some tribe had caught a man having sex with a child and it shows him on the ground and villagers hacking him to death with machetes. he was in pieces when they got done. have looked for it again but can't find it.
 
Fuck him and his plea for mercy, sick fucker! 6 months old! WTF! Fuck lethal injection, put him in a clear tank and drown his ass for everyone to see!
 
reading it nauseated me and as i read it i wished him held down and made to suffocate on the collected vomit of people who find his pleas for mercy as sickening as his actions.
 
i can't remember where i saw it, probably ogrish.com, but i saw a video years ago where some tribe had caught a man having sex with a child and it shows him on the ground and villagers hacking him to death with machetes. he was in pieces when they got done. have looked for it again but can't find it.
It was I'm the ync
 
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You know the expression, 'Death is to good for him'.... We don't have punishment nasty enough for this type of crime. Lawyers now argue not to execute him , but who was there to protect an innocent baby girl & stand up for her ???
 
Cut his fu'n head off and burn the body
 
i think the death penalty is way to easy... lock him up in a dark cell, no lights, with dripping water and drop bugs in for his dietary needs and give him a box of matches once a month.

Too expensive. They should just cremate him...no mess to clean up, no expensive drugs, just hog tie him and throw him in a box.
 
I just need a few minutes along with him and a meat cleaver and justice will be done.I hate sick fucks that harm children.
 
Rip his abdomen open with a rusty dull knife and then throw him in a pen full of hungry German Shepard's
 
Where is Vlad the Impaler when we really need him?
 
He is trying to get out of it by saying he meant to have sex but not kill her. I say tattoo baby rapist on his forehead and turn him out in general population at max. security prison with bunch of lifers.
 
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