Parole Board Hears Arguments for Clemency
Updated: Tuesday, April 2 2013, 11:00 AM EDT
COLUMBUS (AP) -- The Ohio Parole Board is listening to arguments about whether a condemned killer should get clemency.
Attorneys for 46-year-old inmate Steven Smith are making an unusual plea for mercy in the Tuesday hearing.
They argue that while Smith intended to sexually assault his girlfriend's 6-month-old daughter, he never intended to kill the girl.
Smith's attorneys say evidence shows the baby died because Smith was too drunk to realize his sexual assault was killing the child.
They say Ohio law is clear that a death sentence must involve an intent to kill the victim.
Prosecutors call the 1998 death of Autumn Carter the purposeful murder of a helpless baby girl.
Smith is scheduled to die May 1.
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