Created on Wednesday, 10 April 2013 Written by ANDREW WELSH-HUGGINS,AP Legal Affairs Writer
COLUMBUS, Ohio (AP) — The Ohio Parole Board plans to recommend whether condemned killer Steven Smith should be granted mercy for raping and killing his girlfriend's 6-month-old daughter.
The 46-year-old Smith has made the unusual argument that while he intended to rape the child, he never intended to kill her.
Smith's attorneys say Ohio law requires intent to kill in capital murder cases.
Prosecutors say Smith purposely killed Autumn Carter in the 1998 attack.
The board was scheduled to make its recommendation Wednesday morning following a hearing last week.
The attack happened Sept. 29, 1998, in the Mansfield apartment of the girl's mother, Kaysha Frye, whom Smith had been dating about six months.
Gov. John Kasich has the final say on the fate of Smith, scheduled to die next month.