Charles Franklin Smith

Background

Charles Franklin Smith was the husband of 10 years of the murder victim, 27-year-old Alice Smith. Smith lived and was undergoing alcohol therapy at the Coos County Correctional Treatment Facility (the Center) as a condition of his probation for a previous assault conviction.

The offence

Alice Smith disappeared on November 22, 1986. Her body was found on December 20, 1986, near an abandoned dump site. The cause of death was determined to be exposure.

Smith was convicted on Count 2 of the indictment, which alleged aggravated felony murder in the course of kidnapping in the second degree. The indictment reads, in part: " he said Charles Franklin Smith, between or about November 22, 1986 and December 20, 1986 * * * did unlawfully and intentionally commit the crime of Kidnapping in the Second Degree and in the course of and in furtherance of said crime which the said defendant was committing, the said defendant personally and intentionally did cause the death of another human being, to-wit: Alice Lydia Smith, not a participant in the crime, by tieing [ sic ] her hands and feet together behind her back and leaving her in a remote area to die."

Investigation

On December 20, 1986, a man walking his hunting dogs discovered a partially nude female body in a remote area of Coos County close to an abandoned dump site. The man observed that the victim's hands and feet were tied behind her back with electrical wire.

In the vicinity, officers found a cigarette butt and an empty cigarette package that later was matched to Smith's brand. On December 23, 1986, the body was positively identified as that of Alice Smith.

Arrest

Family members began searching for Alice Smith after she did not return home. The victim's automobile was found at the Silver Dollar Tavern, with her car keys and her purse inside. Family members filed a missing person report with the Coos County Sheriff's Office. The deputies were informed that Smith was the last person seen with the victim.

Trial

Smith was convicted on Count 2 of the indictment alleging aggravated felony murder in the course of kidnapping in the second degree.

Sentencing

Smith was sentenced to death on June 26, 1987.

Appeals

Smith’s death sentence was commuted to life in prison in 1990.

Outcome

Smith was sentenced to death on June 26, 1987; commuted to life in prison in 1990.

Aftermath

After Alice Smith did not return home, friends and family members began searching for her. Her automobile was found at the Silver Dollar Tavern with her car keys and her purse inside. The missing person report was filed with the Coos County Sheriff's Office, and deputies were informed that Smith was the last person seen with the victim.