Samuel Smith was executed by the State of Missouri for a prison murder
According to court documents Samuel Smith was serving a twelve year sentence for second degree murder when he would chase down and fatally stab Marlin May
Samuel Smith would be convicted and sentenced to death
Samuel Smith would be executed by lethal injection on May 23 2001
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Samuel Smith FAQ
When Was Samuel Smith Executed
Samuel Smith was executed on May 23 2001
Samuel Smith Case
After taking an extra day to review Samuel D. Smith’s case one last time, the state of Missouri on Wednesday executed the twice-convicted murderer for killing another inmate during a prison knife fight. Smith died at 9:07 p.m., 3 minutes after the 1st of 3 drugs were administered at the Potosi Correctional Center, said Department of Corrections spokesman Tim Kniest. His death followed a day of deliberation by the Missouri Supreme Court after a last-minute appeal that prompted the court to grant a stay at 1 a.m. Wednesday. The appeal argued that prosecutors suppressed important evidence during trial. 14 hours later, the state’s highest court turned down the appeal, clearing the way for his execution.
Smith was sentenced to death for killing fellow inmate Marlin May during a knife fight in 1987. The last-minute appeal concerned a videotaped statement from another inmate, James Miller, who witnessed the knife fight. Smith’s attorney, Kevin Locke, argued the trial prosecutor failed to make the defense aware of Miller’s statement. Miller claimed that while Smith stabbed May, he did it before guards tried to pull May to safety. That was contrary to other testimony. In papers filed Wednesday, Locke argued that the distinction was important and asked for a new trial.
A guard, George Adams, 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 said the trial jury considered that final blow crucial in determining that Smith deliberately tried to kill May — 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,” Locke wrote. Attorney General Jay Nixon disagreed. He argued in papers filed Wednesday that Miller’s testimony would simply call to question when the fatal wound was inflicted. “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,” Nixon wrote. Gov. Bob Holden declined to intervene in the case Tuesday, and stood by that decision, spokesman Jerry Nachtigal said. Smith wasn’t initially involved in the fight that would lead to May’s death on Jan. 5, 1987. May, 24, and several other inmates in Housing Unit 5 at the Missouri State Penitentiary in Jefferson City attacked inmate Demetrius Herndon. When Smith tried to intervene, Smith and May began fighting and couldn’t be separated by guards until both were sprayed with pepper mace. May died at the scene from 19 stab wounds to the head, chest, back and arm.
Smith was serving 2 concurrent 12-year sentences for 2nd-degree murder and 1st-degree burglary, along with a consecutive 2-year term for escape prior to conviction. His victim, May, was at the prison following 1982 convictions on second-degree robbery, 1st-degree burglary, 2nd-degree burglary and stealing over $150.
Aritha Payne, May’s mother, has urged the state to halt the execution. “I think her voice is more important than mine,” Smith told The Associated Press Tuesday. “If anyone is allowed to speak about this, it should be her.” Locke has also argued that Smith’s original counsel, David Kite, was trying his 1st criminal case and made several mistakes during trial, costing Smith a lesser sentence.
Smith becomes the 4th condemned inmate to be put to death this year in Missouri and the 50th overall since the state resumed capital punishment in 1989. Only Texas (246), Virginia (82) and Florida (51) have carried out more executions. Smith becomes the 31st condemned inmate to be put to death this year in the USA and the 714th overall since America resumed executions on January 17, 1977.
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