Don’t Execute Me! Condemned Ohio Man Who Beat And Raped Baby To Death Before Putting Her Limp Body Next To Her Mother As She Slept (MailOnline Article)

steven-smith-pedofileIn a desperate bid to save his life, convicted Ohio baby killer Steven Smith has asserted that he never meant to murder his girlfriend’s six-month-old daughter – only to sexually assault her.

The girl, Autumn Carter, of Mansfield, Ohio, died in 1998 because Smith was too drunk to realize his sexual assault was killing the child, Smith’s attorneys planned to tell the Ohio Parole Board Tuesday. And Ohio law is clear, they say: a death sentence requires an intent to kill the victim.

‘The evidence suggests that Autumn’s death was a horrible accident,’ his attorneys, Joseph Wilhelm and Tyson Fleming, said in a written argument prepared for the board.

They continued: ‘Despite the shocking nature of this crime, Steve’s death sentence should be commuted because genuine doubts exist whether he even committed a capital offense.’
Smith, 46, was never charged with sexual assault, meaning the jury’s only choice was to convict or acquit him of aggravated murder, his attorneys say.

The Richland County prosecutor says Smith continues to hide behind alcohol as an excuse, and calls Smith’s actions ‘the purposeful murder of a helpless baby girl.’

Prosecutor James Mayer told the board in his own written statement that the girl’s injuries are consistent with a homicide that contradicts Smith’s claim he didn’t intend to kill the girl.

‘The horrific attack upon Autumn Carter showed much more than Smith’s stated purpose,’ Mayer said.
Mayer said Monday he didn’t know why Smith wasn’t charged with rape, but said it wasn’t part of a trial strategy.

The attack happened early in the morning of September 29, 1998, in the Hardwood Drive apartment of the girl’s mother, Kaysha Frye, a 19-year-old woman Smith, then 31 years old, had been dating about six months.

Frye was awakened after 3am by a naked Smith, who placed Autumn beside her in bed, according to records prepared for the parole board hearing.

Frye realized the girl wasn’t breathing, told Smith he’d killed her, then ran to a neighbor’s house for help.
Smith, known to consume as many as 12 beers a day, had had several beers earlier in the evening and had a blood-alcohol content of .123 – well above the legal limit – when he was tested almost eight hours later, at 11am, records show.
Smith had unsuccessfully tried to have sex with his girlfriend the evening before the attack, according to records.

The prosecutor argued that Smith’s assault of the girl was revenge for Smith’s failure to perform with Frye.
Smith’s attorneys dispute this, saying the girlfriend was not upset with Smith.

Prosecutors presented evidence at trial that Smith’s attack lasted as long as 30 minutes, during which time Smith beat the girl to death.
Expert witnesses for Smith conclude he may have accidentally suffocated the girl within three to five minutes while he lay on top of her, according to Smith’s clemency petition.
Autopsy showed that little Autumn died of trauma and compression asphyxia. The child also suffered optical nerve damage consistent with being violently shaken.

Smith’s attorneys have an uphill battle in their argument because of the ‘moral repugnancy’ surrounding the claim of partial innocence, said Doug Berman, an Ohio State University law professor and death penalty expert. Click here for the rest of the article written and published by MailOnline.

Frederick Treesh, Ohio Death Row Inmate, Executed This Morning After Landing On Death Row Over Eighteen Years Ago

frederick_treesh03/06/13, LUCASVILLE — A death row inmate who gunned down an adult bookstore security guard on over 18 years ago was executed this morning.

Shortly after 10AM, Frederick Treesh, 48, was led into the death chamber and strapped down. The prison system said Treesh’s veins checked out beforehand, but executioners seemed to have a little difficulty inserting the IVs.

Now, what led him to this moment?

On the night of August 27, 1994 Treesh, a former drug addict, walked into an adult store in Cleveland, OH and gunned down Henry Dupree in a cold-blooded crime-spree. After murdering the guard, he and a co-defendant robbed the store before running off. Several days prior he and his accomplice, gunned down another man working in another store.

Ghassan Danno, a Livonia, Michigan video-store owner was working the register on August 24, 1994 when Treesh and another man came in demanding money. They then took off with money and items but not before gunning down the owner.

Treesh had the opportunity to make a last statement and seemed to have alot to say. He started off by apologizing for the death of Dupree, but said he would NOT apologize to family members Danno killed who were witnessing the execution.

“I’ve never been tried, I’ve never been charged,” he said.

‘You want closure? Closure only comes with a book. You close it and put it on a shelf. There is no closure. Every holiday, every birthday, everything, you will think about the victim. So if you want me murdered, just say it,’ he said.

‘This is where drugs lead you,’ Treesh went on to say.

Treesh received a single dose of pentobarbital and was pronounced dead at 10:37AM by Donald Morgan, a prison warden of the Southern Ohio Correctional Facility in Lucasville, Ohio.

A small amount of blood ran down Treesh’s right arm after one attempt, while the insertion on the left arm took a couple of attempts with the successful insertion on the inmate’s forearm. Treesh spoke a few times during the insertion process but most of his remarks were inaudible. He yawned shortly after the drug began flowing, then his mouth fell open and he was still for several minutes.

His last two words were muttered, “That’s it”, before he went silent.

Frederick Treesh’s execution came after years of denied appeals, with the most recent occurring last month where he asked for clemency and was denied. He was moved to the state death house in Lucasville last night where he was comforted by two spiritual advisers along with his attorney until approximately 7:30PM. Shortly after the visits he received his last meal which consisted of steak with deep-fried mushrooms, eggs, hash browns, onion rings, cottage cheese, sodas and for dessert he had a hot fudge sundae.

Treesh, originally from Waterloo, Indiana, was the 50th inmate put to death by the state since it resumed executions in 1999, and the fourth person executed in the US in 2013.