[Deathpenalty] death penalty news----FLA.

[Rick Halperin]

March 5



FLORIDA:

Jurors Vote for Death in Roadside Slaying


Jurors deliberated for about 4 hours today before voting to recommend
Lawrence Joey Smith be executed for killing a Land O' Lakes High School
student.

The final vote was 7-5 to send 30-year-old Smith, of Shady Hills, back to
Florida's death row for killing 17-year-old Robert Crawford in 1999.

Unlike when a jury is deciding guilt or innocence, when verdicts must be
unanimous, a sentencing recommendation is decided by a majority vote.

Prosecutors argued Smith deserved the ultimate punishment.

"Lawrence Joey Smith, back on Sept. 14, 1999, was a young man - 21 or 22
years old," Assistant State Attorney Manny Garcia said in his closing
argument today. "However, he was old enough to know better. I would
suggest there is mitigation in this case, but I would suggest to you that
the mitigation does not outweigh the aggravating factors. The mitigation
is little, if any.

"The law and the evidence suggest that you return a recommendation of
death."

Smith shot Crawford and fellow Land O' Lakes High student Stephen Tuttle,
then 16, and left them for dead on the side of State Road 54 near Land O'
Lakes. Tuttle survived and recounted the shooting for jurors last week.

In giving his closing arguments, defense attorney Keith Hammond urged
jurors not to recommend a death sentence for Smith.

"At this point, what good would it do to kill him?" Hammond asked. "Does
that benefit society? Regrettably, we can't bring Mr. Crawford back. You
can't change what's happened. We can change the future. If someone is
being a positive influence and if someone is amenable to rehabilitation,
if they can be controlled, isn't that the way to break the cycle of
violence? Isn't that the merciful thing to do?"

Smith was convicted of first-degree murder and sentenced to death in 2001.
However, the Florida Supreme Court overturned his death sentence and
ordered that he be resentenced. Today, jurors will be asked to decide, by
a majority vote, whether Smith should live or die. His conviction still
stands. A judge will make the final decision, giving "great weight" to the
jury's recommendation.

(source: Tampa Tribune)

**************************************

Man Convicted in Slaying Makes Plea for Life to Jury


Lawrence Joey Smith had a tough upbringing.

His father died when he was 10, depriving him of a positive male role
model. He began drinking and smoking shortly after and eventually became a
drug addict. He became a criminal as a teen and went to prison at a young
age. Later, he lost a beloved brother to cancer.

Smith, 30, of Shady Hills, testified Monday in a last-ditch attempt to
avoid a death sentence for the 1999 murder of 17-year-old Robert Crawford.
His sentencing began last week and is expected to conclude today with the
jury returning a recommendation of life in prison or the death penalty.

Smith ended his testimony with a plea:

"If you do give me a chance to live the rest of my life in prison, I
guarantee you, I'll do my best to do as much good as I can from where I'm
at," he said.

Smith's recounting of his life story stayed true to what jurors have come
to expect from convicted killers trying to avoid a death sentence: a
rugged childhood, rebellious teenage years and substance abuse problems
preceding their crimes. After come claims of personal change, coupled with
spiritual awakening.

The panel must decide how much credence to give Smith's testimony of
change. Smith testified he hasn't caused any problems for jail or prison
staff in seven years. He said he has given his life to mentoring other
defendants he meets, including slaying suspect John Ditullio, who
testified on Smith's behalf Friday.

"I see kids coming into jail pretty much walking down the same path I was
walking down at the time," Smith said from the stand Monday. "I believe I
have a better chance of getting through to them then most other people,
because I've been there myself.

"Like with Mr. Ditullio. I can relate to him in a way that few people can
because I've been in his shoes. I guess you'd say it gives me more
credibility."

Smith's journey into the court system began in September 1999. He was
using drugs all day, every day. Faunce Pearce, his co-defendant in the
case, was his supplier. Getting revenge for $1,200 in lost drug money put
the men in Pearce's 1977 Firebird with Crawford and 16-year-old Stephen
Tuttle in the wee hours of Sept. 14, 1999.

Pearce stopped the car on the side of State Road 54 in Land O' Lakes and
ordered Tuttle out. Someone fired a shot into Tuttle's head. Pearce then
drove the car 200 yards and stopped again. Crawford was ordered out and
shot twice.

Tuttle survived the shooting and was able to flag down help. Crawford died
on the side of the road.

Smith has denied shooting the teens, even though two men who were in the
car that night have testified to the contrary. Smith and Pearce, 45, of
Shady Hills, were tried separately in 2001. Both were convicted and
sentenced to death.

The Florida Supreme Court overturned Smith's conviction in 2004 after
finding an error in the sentencing order.

Circuit Judge Lynn Tepper overturned Pearce's conviction in 2006, ruling
that he received poor legal representation at trial. Prosecutors have
appealed the ruling and are awaiting an appellate court ruling.

(source: Tampa Tribune)