Post by Anja Nieser on Oct 1, 2006 6:55:04 GMT -5
Appeals court reverses Dothan triple killer's death sentence
Ruling Jerry Jerome Smith is mentally retarded, an Alabama appeals court
reversed the Dothan man's death sentence for a 1996 crack-house shooting
that left 3 people dead.
The Alabama Court of Criminal Appeals on Friday ruled that Smith will
serve a life without parole sentence instead of facing execution. Recent
federal law prohibits the execution of mentally retarded prisoners.
Smith was convicted in the slayings of Willie James Flournoy, 40, of
Dothan, Theresa Ann Helms, 26, of Wicksburg, and David Lee Bennett, 29, of
Midland City. They were slain at a residence police described as a crack
house.
The appeals court considered testimony from forensic psychologist Dr.
Michael D'Errico, who previously testified that Smith was "mildly mentally
deficient." But D'Errico later said that, when provided with more
information, he determined Smith was "high functioning mentally retarded."
Smith's attorney, Aaron Gartland, told The Dothan Eagle for a story
Saturday he was pleased with the reversal. He said there was overwhelming
evidence that Smith was mentally retarded.
Houston County District Attorney Doug Valeska disagreed.
"He killed 3 people, and now he gets the least amount of punishment he can
get? 3 lives are worth more," Valeska said.
Smith shot Flournoy with a .22 caliber rifle at the back door of his
residence over a $1,500 drug debt. He then went inside the home and shot
Helms in the head as she attempted to flee, and then shot Bennett seven
times.
Valeska had testimony in the penalty phase of the trial aimed at showing
Smith's behavior was far beyond that of a mentally retarded person.
He pointed to evidence that Smith ran an interstate drug enterprise, was
able to handle money, knew the thought process of being deceptive in order
to avoid arrest, and was believed to have made statements in jail awaiting
trial that he would "get off" based on his plea of not guilty due to
mental disease or defect.
(source for both: Associated Press)
Ruling Jerry Jerome Smith is mentally retarded, an Alabama appeals court
reversed the Dothan man's death sentence for a 1996 crack-house shooting
that left 3 people dead.
The Alabama Court of Criminal Appeals on Friday ruled that Smith will
serve a life without parole sentence instead of facing execution. Recent
federal law prohibits the execution of mentally retarded prisoners.
Smith was convicted in the slayings of Willie James Flournoy, 40, of
Dothan, Theresa Ann Helms, 26, of Wicksburg, and David Lee Bennett, 29, of
Midland City. They were slain at a residence police described as a crack
house.
The appeals court considered testimony from forensic psychologist Dr.
Michael D'Errico, who previously testified that Smith was "mildly mentally
deficient." But D'Errico later said that, when provided with more
information, he determined Smith was "high functioning mentally retarded."
Smith's attorney, Aaron Gartland, told The Dothan Eagle for a story
Saturday he was pleased with the reversal. He said there was overwhelming
evidence that Smith was mentally retarded.
Houston County District Attorney Doug Valeska disagreed.
"He killed 3 people, and now he gets the least amount of punishment he can
get? 3 lives are worth more," Valeska said.
Smith shot Flournoy with a .22 caliber rifle at the back door of his
residence over a $1,500 drug debt. He then went inside the home and shot
Helms in the head as she attempted to flee, and then shot Bennett seven
times.
Valeska had testimony in the penalty phase of the trial aimed at showing
Smith's behavior was far beyond that of a mentally retarded person.
He pointed to evidence that Smith ran an interstate drug enterprise, was
able to handle money, knew the thought process of being deceptive in order
to avoid arrest, and was believed to have made statements in jail awaiting
trial that he would "get off" based on his plea of not guilty due to
mental disease or defect.
(source for both: Associated Press)