Samuel Smith

Overview

Samuel Smith was executed by lethal injection in Missouri on May 23, 2001. He had been convicted of Capital Murder and sentenced to death for killing fellow inmate Marlin May during a prison knife fight.

Status

Smith died after lethal injection in Missouri on May 23, 2001.

Timeline

• June 12, 1960 — Samuel D. Smith was born in St. Louis, Missouri.
• August 14, 1979 — Smith was sentenced to two concurrent twelve year terms in St. Louis City Circuit Court for Murder Second Degree and Burglary First Degree; a consecutive two year term for Escaping Custody Prior to a Conviction.
• January 15, 1987 — While an inmate at the Missouri State Penitentiary, Smith killed fellow inmate Marlin Mays/Marlin May during a prison knife fight after intervening in an attack involving knives.
• August 19, 1988 — Smith was sentenced to death in Callaway County following a change of venue from Cole County for Murder First Degree.
• December 12, 1989 — The Missouri State Supreme Court affirmed Smith’s conviction and sentence.
• October 16, 1990 — The Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief.
• November 13, 1990 — The U. S. Supreme Court denied Smith’s petition challenging the Missouri Supreme Court’s decision affirming the conviction and sentence.
• May 28, 1991 — The Missouri Supreme Court denied Smith’s habeas corpus petition.
• July 19, 1993 — The Circuit Court denied Smith’s second motion for post-conviction relief.
• November 22, 1994 — The Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief.
• May 15, 1995 — The U. S. Supreme Court denied Smith’s petition seeking review of the Missouri Supreme Court’s decision affirming the denial for post-conviction relief.
• August 27, 1997 — Smith filed his third motion for post-conviction relief in the Circuit Court of Callaway County.
• November 13, 1998 — The Circuit Court denied Smith’s third motion for post-conviction relief.
• June 7, 1999 — The U. S. Supreme Court denied Smith’s petition seeking a review of the Eighth Circuit Court of Appeals’ decision.
• June 13, 2000 — The Missouri Supreme Court affirmed the Circuit Court’s decision denying Smith’s motion for post-conviction relief.
• February 26, 2001 — The U. S. Supreme Court denied Smith’s petition requesting review of the Missouri Supreme Court’s decision regarding his third motion for post conviction relief.
• April 26, 2001 — The Missouri Supreme Court set Smith’s execution for May 23, 2001.
• May 23, 2001 — Smith was executed by lethal injection in Missouri.

The offence

On January 15, 1987, while an inmate at the Missouri State Penitentiary, a group of inmates armed with knives attacked inmate Demetrius Hemdon. Inmate Samuel Smith yelled at the attackers in an attempt to intervene, but inmate Marlin Mays/Marlin May turned toward Smith and threatened him. Smith and Marlin Mays then engaged in a fight of their own.

During the altercation, Smith stabbed Marlin Mays/Marlin May numerous times. The two finally separated when an officer sprayed them with chemical mace/pepper mace. Correctional officers pulled Marlin Mays/Marlin May to safety and found that he had been stabbed 19 times in the head, chest, back, and arm. Marlin Mays/Marlin May died at the scene as a result of piercing injuries to the heart and lungs.

The day of the incident was described as beginning with a knife attack by a certain inmate upon another inmate, Demetrius Herndon. Smith attempted to intervene as a peacekeeper; one of the group used his knife to threaten Smith and told him to “butt out.” The fight then moved through housing areas and concluded after a chase to corridor T-3, three stories below.

Investigation and pretrial

Smith was charged by indictment in the Circuit Court of Cole County with Capital Murder on 10/8.

On 7/19-21 in 1988, Smith was brought to trial before a jury on a change of venue to Callaway County.

Trial

Smith was found guilty of Capital Murder.

The jury recommended a sentence of death.

Sentencing

On August 19, 1988, Smith was sentenced to death in Callaway County.

Post-conviction and habeas proceedings

Smith filed a motion for post-conviction relief on 1/6/1989.

The Missouri State Supreme Court affirmed Smith’s conviction and sentence on 12/12, and the Circuit Court denied Smith’s motion for post-conviction relief on 12/26.

The U. S. Supreme Court granted a petition of certiorari on 4/30/1990 and returned Smith’s case to the Missouri Supreme Court for review of an instructional issue. On 6/19/1990, the Missouri Supreme Court reaffirmed Smith’s conviction and sentence following remand. On 10/16/1990, the Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief. On 11/13/1990, the U. S.

On 5/13/1991, the U. S. Supreme Court denied Smith’s petition challenging the Missouri Supreme Court’s decision affirming the denial of post-conviction relief.

Smith filed a writ of habeas corpus in the Missouri Supreme Court on 5/24/1991; the Missouri Supreme Court denied it on 5/28/1991.

Smith filed a federal petition for writ of habeas corpus in the U. S. District Court for the Western District of Missouri on 5/28/1991.

Smith filed a second motion for post-conviction relief in the Callaway County Circuit Court on 4/15/1993; the Circuit Court denied it on 7/19/1993.

On 11/22/1994, the Missouri Supreme Court reaffirmed the Circuit Court’s judgment denying Smith’s request for post-conviction relief.

On 5/15/1995, the U. S.

On 8/27/1997, Smith filed his third motion for post-conviction relief in the Circuit Court of Callaway County. On 3/36/1998, the U. S. District Court for the Western District of Missouri denied Smith’s federal habeas corpus petition. On 6//11/1998, the federal district court denied Smith’s motion to alter or amend its judgment. On 8/02/1998, the federal district court denied Smith’s application for a certificate of appealability. On 9/18/1998, the Eighth Circuit Court of Appeals denied Smith’s application for a certificate of appealability. On 11/13/1998, the Circuit Court denied Smith’s third motion for post-conviction relief.

On 6/7/1999, the U. S. Supreme Court denied Smith’s petition seeking review of the Eighth Circuit Court of Appeals’ decision. On 11/19/1999, the Circuit Court denied Smith’s third motion for post-conviction relief.

On 6/13/2000, the Missouri Supreme Court affirmed the Circuit Court’s decision denying Smith’s motion for post-conviction relief.

On 2/26/2001, the U. S.

Execution and last-minute appeal

Smith’s execution was scheduled for May 23, 2001.

Smith died at 9:07 p.m., 3 minutes after the 1st of 3 drugs were administered at the Potosi Correctional Center, according to the Department of Corrections spokesman Tim Kniest.

The Missouri Supreme Court deliberated for a day after a last-minute appeal prompted the court to grant a stay at 1 a.m. Wednesday. Prosecutors were said to have suppressed important evidence during trial.

In papers filed Wednesday, Smith’s attorney Kevin Locke argued that prosecutors failed to make the defense aware of a videotaped statement from another inmate, James Miller, who witnessed the knife fight. Locke argued that Miller’s statement indicated that while Smith stabbed May, he did it before guards tried to pull May to safety. Locke argued that this distinction was important and asked for a new trial.

Locke’s filings also referred to testimony by a guard, George Adams, who had testified that Smith made one final “bone crunching” stab wound to May’s chest as Adams was trying to pull May to safety. Locke argued that the jury considered that final blow crucial in determining that Smith deliberately tried to kill May, with deliberation being a key factor in the death penalty.

“The testimony of Miller may well have exculpated Smith, either of his guilt or his punishment,”

Kevin Locke wrote.

Attorney General Jay Nixon disagreed.

“Even assuming that the jury would have accepted Miller’s version of events over that of Adams’s, that does not negate (Smith’s) guilt,”

Jay Nixon wrote.

Gov. Bob Holden declined to intervene in the case Tuesday.

Samuel Smith referred a reporter to Aritha Payne, May’s mother.

“I think her voice is more important than mine,”

Samuel Smith told The Associated Press.

“If anyone is allowed to speak about this, it should be her.”

Samuel Smith said.

Other details

Prior sentences and custody status

At the time of the stabbing, Smith was serving 12 years for 2nd Degree Murder. Smith was also described as serving 12-year sentences for 2nd-degree murder and 1st-degree burglary, along with a consecutive 2-year term for escape prior to conviction.

Smith’s victim, Marlin May, was at the prison following 1982 convictions on second-degree robbery, 1st-degree burglary, 2nd-degree burglary and stealing over $150.

Conduct history

Prison records showed over 75 major conduct violations for Smith.

Related individuals and legal representation

• Kevin Locke was identified as Smith’s attorney for the execution-related last-minute appeal.
• James Miller was identified as an inmate who witnessed the knife fight and whose videotaped statement became the subject of the last-minute appeal.
• George Adams was identified as a guard who testified that Smith made one final “bone crunching” stab wound to May’s chest as Adams was trying to pull May to safety.
• Jay Nixon was identified as the Attorney General.
• Tim Kniest was identified as a Department of Corrections spokesman.
• Jerry Nachtigal was identified as a spokesman for Gov. Bob Holden.
• David Kite was identified as Smith’s original counsel. Kevin Locke argued that Kite made several mistakes during trial and that Kite failed to obtain a mental examination, allegedly affecting the jury’s consideration of Smith’s mental disorder and capacity to deliberate. Kevin Locke also argued that Kite’s handling of an appeal deadline led to the late filing of Smith’s written complaint against Kite and prevented courts from considering claims about Kite’s performance.

Statements about clemency and appeal posture

Smith was scheduled to die on May 23, 2001, at 12:01 a.m. At Smith’s request, his attorney did not submit a clemency request.

Letter content preserved verbatim (appeal material)

A section titled “WILL SAM SMITH EVER GET JUSTICE?” included extended assertions and arguments by Kevin Locke, including claims that Smith was “not guilty of murder” and that his appointed lawyer’s performance and filing actions affected the ability to obtain relief. It also included references to “three judges of the Missouri Supreme Court” dissenting strongly from decisions denying Smith relief and stated that “Smith’s case is especially compelling” due to similarities to “Ed Reuscher.” The material included advocacy for contacting Gov. Bob Holden and listed address and contact details for the governor, along with the statement:

“Help Sam Smith get justice!”

Scheduling statement

Smith’s execution was set by the Missouri Supreme Court for May 23, 2001.