6 Jurors Oppose Oklahoma Execution of Richard Smith

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Oklahoma has the opportunity to save a life on April 8, 2010 and it is our responsibility to take action to prevent another state killing.  Richard Smith was convicted of murder in 1987, and now has been on death row for more than half of his life.  Not only do six jurors from his trial now oppose his execution, but so does a brother of the victim. 

Similar to many other death penalty cases, Richard Smith was not given an adequate defense.  His lawyer presented almost no evidence, and no expert testimony.  He did not begin investigating until seven to ten days before the date of trial, and he failed to present evidence of Smith’s past abuse as a child, addiction problems, psychological problems, brain injury, and borderline intelligence. 

If the jury at the time of the trial had heard this evidence, the outcome of Smith’s case could have been significantly different.  The six jurors who now oppose his execution exemplify the very reason why we should act in the name of justice.  Due to Smith’s poor representation in trial, we must act to commute the death sentence of Richard Smith.

Executive clemency is in place so that justice can be upheld even when the courts drop the ball.  In the case of Mr. Smith, powerful mitigating evidence was never heard by a jury.  Justice would not be served by executing Richard Smith under these circumstances.  The Oklahoma Pardon and Parole Board should recommend that Governor Brad Henry commute this death sentence, and Governor Henry should accept that recommendation.

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indycar01's picture

i see it this way, it isnt a question of am i for or against the death penalty . because thats a yes or no question, i am only for the dealth penalty if its humane, this electric chair as well as other cruel methods havent prevent anything, there will always be the worst of the worst, so we may as well be humane about it, i see no point in doing as the nazis did. are we no better.

Cauzmo's picture

When reading storyies such as this, it's always a good idea to consider what they do not tell you. Which was the specifics of the crime he committed. From what i have gathered, he and others tried to rob a person named "Woody" of his meth. They "claim" the shotgun belonged to Woody and an "argument" over the firearm erupted and then woody got shoot.

http://www.topix.com/us/supreme-court/2010/02/execution-date-set-for-canadian-county-death-row-inmate-richard-tandy-smith

ANYBODY who shoots an unarmed person is going to be prosecuted by the DA. He had a choice not to try to rob his dealer, he had a choice to forego further violence after he obtained the shotgun from Woody; finnally he had a choice to pull the trigger.
Sry Amnesty International, this is a pretty rotten human being who has demonstrated the same behavior for his entire life.

I personally don't care whether he gets the death sentence or life imprisonment. As bhall pointed out we weren't there, we don't know what was said. Call me ol' fashioned, I believe people should be held accountable for their actions. And it's not like he hasn't been appealing this for years. His last appeal was back in Oct of '09. So if +20 years of appeal haven't reversed/revised this descision, i doubt there is a good reason too.

MrBook's picture

"ANYBODY who shoots an unarmed person is going to be prosecuted by the DA. He had a choice not to try to rob his dealer, he had a choice to forego further violence after he obtained the shotgun from Woody; finnally he had a choice to pull the trigger.
Sry Amnesty International, this is a pretty rotten human being who has demonstrated the same behavior for his entire life"

The quality of the mans character is not the issue here, it is the failure of the US Government to provide a competent defense. In failing to do so they render the entire original trial moot.

Cauzmo's picture

He shot and unarmed person in a drug robbery , What's to defend MrBook? Amnesty Interanational is against the death penatly so obviously they're going to declare his defense incompetet. And the only defense they offer is his rough childhood. That be like me breaking into your home and murdering you with the weapon you tried to defend yourself with. Then trying to get off bc my parent(s) were abuseive alcoholics during my childhood. I'm sorry i just dont agree, and by the way i turned out fine after having an abusive alcoholic mother during my adolescent and teen years.

MrBook's picture

It does not matter what he did, only that he was condemned to death without a proper trial .

Smith is listed as having both brain injuries, and a borderline intelligence... hardly a case for the death penalty even for those who support it (except of the more bloody minded supporters).

Cauzmo's picture

Smith is also charged with a premeditated crime ; which denotes competancy to stand trial . But i guess he has to have a high school diploma to meet your criteria.

MrBook's picture

I am not questioning his conviction, rather it is his execution that is at an issue. Did he receive a fair trial ? Was all the evidence presented? If not then his sentence cannot be considered just.

bhall's picture

now is the time when all those people who think you are guilty until Jesus proves you are innocent will be up at arms to drag him off and kill him. Those who are against the death penalty will celebrate blindly because of a victory.

But the sum of it all is, that we were not there. The people who were there and a "jury of his peers" made this decision. We all have our opinions about these cases like OJ Simpson, and Michael Jackson. And no matter what you hear you cannot be swayed.

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