Calaveras County – The Calaveras County District Attorney’s Office announced Tuesday in a release that convicted killer George Hatton Smithey is determined to be mentally retarded, making him ineligible for the death penalty under the U.S. Constitution. Smithey, 70, was convicted of the April 5, 1988 murder, attempted rape and robbery of Cheryl Ann Nesler, 25, in her trailer near Glencoe. Calaveras County Deputy District Attorney Seth Matthews and Deputy State Public Defender Mary K. McComb obtained a court order on Monday that authorized a neuropsychologist, Dr. Daniel Martell, to conduct the test. Martell was also retained to analyze the findings of the defense psychologist used in the case, Dr. Dale G. Watson. The release said the move came as the result of an order issued by the California Supreme Court in September 2008 “requiring the Calaveras County District Attorney to show cause as to why the death penalty should not be vacated due to the Defendant’s claim of mental retardation, and a life sentence imposed instead of death.” The California Supreme Court order was issued in response to a habeas corpus petition filed by Smithey’s defense in 1998. The same court denied all other claims in that petition. In 2002, the U.S. Supreme Court prohibited the use of the death penalty for punishment of mentally retarded offenders under the Eighth Amendment. The Calaveras County District Attorney said that as a result of these new findings, “we expect the court will commute the Defendant’s sentence to life in prison without the possibility of parole.” The next court hearing is set for August 23, 2010 at 3 p.m. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Thursday, 19 August 2010 06:17
Convicted Killer Smithey Found Ineligible for Death Penalty
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Calaveras County – The Calaveras County District Attorney’s Office announced Tuesday in a release that convicted killer George Hatton Smithey is determined to be mentally retarded, making him ineligible for the death penalty under the U.S. Constitution. Smithey, 70, was convicted of the April 5, 1988 murder, attempted rape and robbery of Cheryl Ann Nesler, 25, in her trailer near Glencoe. Calaveras County Deputy District Attorney Seth Matthews and Deputy State Public Defender Mary K. McComb obtained a court order on Monday that authorized a neuropsychologist, Dr. Daniel Martell, to conduct the test. Martell was also retained to analyze the findings of the defense psychologist used in the case, Dr. Dale G. Watson. The release said the move came as the result of an order issued by the California Supreme Court in September 2008 “requiring the Calaveras County District Attorney to show cause as to why the death penalty should not be vacated due to the Defendant’s claim of mental retardation, and a life sentence imposed instead of death.” The California Supreme Court order was issued in response to a habeas corpus petition filed by Smithey’s defense in 1998. The same court denied all other claims in that petition. In 2002, the U.S. Supreme Court prohibited the use of the death penalty for punishment of mentally retarded offenders under the Eighth Amendment. The Calaveras County District Attorney said that as a result of these new findings, “we expect the court will commute the Defendant’s sentence to life in prison without the possibility of parole.” The next court hearing is set for August 23, 2010 at 3 p.m. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
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