Marlene Smith

Case overview

Marlene Smith was convicted of the 1997 murder of Anthony Proviano, a University of Cincinnati Medical School student. Smith was charged with murdering Proviano at a motel in Belmont County, Ohio, and was also convicted of a firearms specification. She was sentenced to 18 1/2 years to life in prison on March 29, 2006, and later died in prison on September 6, 2009.

Timeline

• December 28, 1997 — The body of Anthony Proviano was found in eastern Ohio, behind a hotel where he had stopped en route to Baldwin Borough, Pennsylvania.
• December 28, 1997 — Belmont County authorities and Baldwin Borough police officers located Anthony Proviano’s red Z28 Camaro at the Days Inn in St. Clairsville.
• February 21, 2006 — A jury found Marlene Smith guilty of murdering Anthony Proviano after more than 10 hours of deliberations over two days.
• March 30, 2006 — A judge sentenced Marlene Smith to 18 years-to-life in jail after calling her the “personification of evil.”
• March 29, 2006 — Smith was sentenced to 18 1/2 years to life in prison.
• September 6, 2009 — Smith died in prison at the Ohio State University Medical Center.

The victim

Anthony Proviano was a 29-year-old medical student at the University of Cincinnati College of Medicine. His death occurred behind the St. Clairsville Holiday Inn / Days Inn area while he was on his way home for Christmas.

Proviano’s death was initially ruled a suicide, and authorities later deemed it homicide.

The offence

Anthony Proviano was found shot to death with a single gunshot wound to the chest. Authorities recovered a .25-caliber pistol registered to Proviano with two rounds, and additional ammunition near the body. The investigation later concluded that Proviano’s death was a homicide.

During the trial, the prosecution’s theory was that Proviano and Smith had rented a hotel room for the purpose of taking drugs and having sex and that Smith was responsible for Proviano’s death. Smith was found guilty of murder and also found guilty of a firearms specification.

Investigation

Authorities investigated the death for nearly a decade.

The private autopsy conducted for the Proviano family concluded that it was not possible to determine the manner of death as suicide in the way the Belmont County coroner had done initially. The private autopsy found that there was no gunpowder on Proviano’s hands, and that his blood alcohol content was between .05 and .07, described as equivalent to a single drink. The private autopsy ruled out that he had been suffering from a terminal disease and reported that he was not robbed, beaten or sexually assaulted. The private autopsy concluded the cause of death could be homicide or suicide and that the circumstances “leaned toward” the involvement of another person.

Belmont County Coroner Dr. Manuel Villaverde initially ruled Proviano’s death a suicide and refused to order an autopsy. Deputy Olen F. Martin disputed the ruling and said he asked the coroner multiple times to conduct an autopsy and was refused each time.

An inmate in a Pennsylvania jail contacted his local prosecutor in March 1999 with information that led investigators to Douglas Main and Marlene “Slim” Smith. The information tied Smith and Main to Proviano’s killing and described a robbery attempt connected to the motel and the use of Proviano’s own gun.

In August 2001, Belmont County Coroner Gene Kennedy altered Proviano’s death certificate to rule the manner of death as homicide.

In December 2002, a Belmont County grand jury heard two days of testimony and evidence and declined to hand up indictments.

In August 2004, Baldwin police found earmuffs linked to Main and Smith in the woods near the murder scene, and a key chain that included a key to the room Proviano rented was turned over to authorities. Investigators also found the registration Proviano received from the hotel in a car once owned by Main and Smith.

In late 2004, Belmont County authorities returned to the grand jury and received indictments against Main and Smith.

Arrest and charges involving co-defendant

Douglas Main and Marlene Smith were charged in 2004 with murdering Anthony Proviano of Baldwin, Pa., at a motel in Belmont County, Ohio. Charges against Main were dismissed because he was denied a speedy trial.

In March 2006, Smith’s ex-husband Douglas Main was found not guilty of perjury and obstruction in the case. The jury deliberated less than three hours before returning its verdict, and a special prosecutor dismissed obstruction and perjury charges against Douglas St. Clair on April 24, after jurors said the prosecution witnesses were not believable.

Trial

Jury verdict

On February 21, 2006, after more than 10 hours of deliberations over two days, a jury found Smith guilty of murdering Anthony Proviano. Smith showed no emotion as the court read the verdict in the Belmont County Courthouse.

The jury also found Smith guilty of a firearms specification.

Prosecution evidence and witnesses

Prosecutors told the jury that Proviano and Smith had an agreement for sex and drugs before Proviano was shot to death. A witness described Smith taking a gold bracelet from Proviano’s car and trading it for heroin.

A witness who had been Smith’s cellmate, Leslie Long, testified against Smith. Long said Smith had referred to Proviano as “a trick that had gone bad,” and testified that Smith said she had traveled from “somewhere in Pennsylvania” to Pittsburgh to St. Clairsville in search of drugs. Long testified that Smith said Proviano failed to procure drugs for her, the two began quibbling about the price of sex, Smith hit him three times with his own handgun, and then shot him.

The trial included discussion of Smith’s telephone call in which she shouted “I’m a murderer!” and “You heard that? I’m a murderer.”

The prosecution used Smith’s own words to convict her.

Special prosecutor statement and quotes

Special prosecutor Thomas Hampton said:

• “It’s been a long year, not nearly as long as it was for the Provianos, but justice was done,” Hampton said.

Special prosecutor Thomas Hampton said in opening statement that Proviano and Smith had rented the hotel room for the purpose of taking drugs and having sex. Hampton also told jurors:

• “The things that have slipped out over the years, these things indicate that Marlene Smith was responsible for the death of Anthony Proviano,” Hampton told jurors.

Leslie Long testified and was quoted as saying:

• “[Marlene] told me she was starved” for drugs.
• She said that when she was on drugs “she was very bold, not afraid to do anything. She liked to torture people.”
• She said that Smith told her “he had been hit in the head with a gun three times and that he had been shot.”
• She said Smith “led me to believe she was not alone. She just always said the name ‘Doug.’”

During the phone evidence description, Smith shouted:

• “I’m a murderer!”
• “You heard that? I’m a murderer.”

In closing argument, Hampton said:

• “She was responsible,” he said of Smith.
• “She feels guilty. She was there. She shot him. She killed him.”

Sentencing

On March 29, 2006, Smith was sentenced to 18 1/2 years to life in prison. A judge called her the “personification of evil” when imposing the maximum sentence for the murder of Anthony Proviano.

After sentencing, Smith showed no reaction after receiving the sentence and declined an opportunity to address the court on her own behalf.

Prosecutors said Smith was facing 15 years to life in prison before sentencing.

Appeals and unresolved matters

Briefs had been filed in Smith’s appeal, but the court of appeals had not scheduled a date for oral arguments. Smith had not spoken about the case.

Multiple issues remained unresolved after the convictions, including how Anthony met Smith, where they met, why Anthony rented a hotel room, how his gun was used, and how Douglas Main and “Mr. St. Clair” were involved.

Aftermath

Smith remained incarcerated at the Ohio State Reformatory for Women in Marysville before being transferred to the hospital in July. She died at the Ohio State University Medical Center on September 6, 2009.