Will Susan Smith Walk Free?

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Three decades after she was incarcerated for the murder of her two children, convicted killer Susan Smith will have the opportunity this week to argue for her freedom. Though it is widely believed her chances of release are slim-to-none, her hearing shines a spotlight on the complex factors parole boards must consider in such high-profile cases.

From the severity of the crime to its lasting impact on victims’ families, from the offender’s behavior in prison to potential risks to public safety – the decision process is highly nuanced and emotionally charged. Smith’s case will not only test the ability of the S.C. Parole Board to weigh these considerations – but also the public’s appetite for mercy versus justice after decades of reflection on her actions.

Smith – then 23 years old – was convicted in July 1995 of murdering her two sons, three-year-old Michael Smith and fourteen-month-old Alex Smith. The young mother strapped the boys into their carseats in the back of her burgundy Mazda sedan – and proceeded to let the vehicle roll down a boat ramp into the John D. Long lake five miles northeast of her hometown of Union, S.C.

On October 25, 1994 – the day of the murders – Smith told police a black man had carjacked her at gunpoint and driven away with her children still inside the vehicle. Over the next week-and-a-half, she made numerous impassioned pleas on national television for their safe return.

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“I wanna say to my babies that your momma loves you so much,” Smith tearfully told reporters at one press conference. “You gotta be strong… I just know, I just feel in my heart that you’re okay. You’ve just gotta take care of each other.”

The truth? Smith killed her children because she was pursuing an extramarital affair with a man who didn’t want kids, according to prosecutors.

“There are some things about you which aren’t suited for me, and yes, I am speaking about your children,” the man wrote in a letter to Smith discovered inside the submerged vehicle. “I’m sure that your kids are good kids, but it really wouldn’t matter how good they may be. The fact is, I just don’t want children.”

On November 3, 1994 – ten days after the alleged carjacking – Smith finally confessed to drowning her children. Shortly thereafter, divers with the S.C. Department of Natural Resources (SCDNR) aquatic investigation and recovery team made the tragic discovery: The boys’ bodies were found still strapped in their carseats in the back of the burgundy Mazda approximately 122 feet from the shoreline of the lake.

“I was able to see a small hand against the glass,” diver Steve Morrow testified.

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RELATED | TOMMY POPE RECALLS SUSAN SMITH’S PROSECUTION

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A jury took just two hours to find Smith guilty of the murders – but that same panel declined to give her the death penalty. Current S.C. speaker pro tempore Tommy Pope – then serving as South Carolina’s sixteenth circuit solicitor – led the prosecution of Smith.

Pope sat down with our media outlet earlier this year to talk about the case… and about his decision to seek the death penalty against Smith.

“I really felt that had there been the African-American carjacker, there would have been an outrage if I did not seek the death penalty,” Pope said. “If there had been David Smith, the father had taken the lives of the children, the same would have occurred. And so even knowing that in South Carolina, we rarely gave the death penalty to females. I just felt that whatever the maximum penalty was, I felt that she deserved that.”

Pope will attend Smith’s parole hearing on Wednesday, he confirmed to FITSNews.

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THE PAROLE PROCESS AND CONSIDERATIONS

Once the inmate and victim(s) are notified of an upcoming hearing, the seven-member parole board begins reviewing a number of factors – including the inmate’s criminal history, their behavior while incarcerated, disciplinary records and participation in rehabilitative programs.

At the same time, the inmate is expected to develop a plan for post-release living including housing, employment and rehabilitation goals. Smith will be expected to present such a plan to the parole board tomorrow while making her case for parole.

In reviewing Smith’s criminal history, the board will consider the seriousness of her crimes as well as the impact they had on both the victims and the community. Smith – whose crimes made international headlines and continue to generate intense around the country – faces a big hurdle on this front.

Unfortunately for Smith, the board will also consider her behavior while incarcerated – including her disciplinary record and any infractions committed (or positive contributions made) during her term of imprisonment.

Smith’s prison record has been substantially less than stellar. In 2000, she contracted a sexually transmitted disease while incarcerated. A subsequent investigation revealed two former S.C. Department of Corrections (SCDC) personnel – a guard named Houston Cagle and a captain named Alfred Rowe – engaged in sexual relations with Smith while she was imprisoned and under their authority.

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Smith has also allegedly engaged in sexual relationships with multiple female inmates, sources familiar with her imprisonment have told this media outlet.

Just last month, Smith found herself on the receiving end of disciplinary sanctions from SCDC after speaking with a documentary filmmaker about her case.

SCDC has a longstanding policy which prohibits inmates from conducting media interviews. This policy is “rooted in victims’ rights,” according to the agency – specifically the belief that “victims of crime should not have to see or hear the person who victimized them or their family member on the news.”

Smith is not the only notorious familial killer to flout these rules. Last year, Alex Murdaugh – who is currently serving two life sentences for murdering his wife and younger son – was reprimanded in a similar case.

South Carolina’s parole process also affords crime victims the opportunity to share their perspectives – either via direct testimony or the submission of sworn statements. The board considers victim testimony a key component in its decision-making process. In addition to Pope, Smith’s ex-husband – David Smith – is planning to testify against her release at tomorrow’s hearing.

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RELATED | SUSAN SMITH SANCTIONED AHEAD OF PAROLE HEARING

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In his interview with FITSNews, Pope said he believes strongly in truth in sentencing.

“The jury gave life,” Pope said. “They believed it to be life. That’s what it ought to be.”

After reviewing the evidence and testimony, the board will decide whether to grant or deny parole. South Carolina’s parole board is made up of seven members – each appointed by the governor and representing a different congressional district. As of this writing, six seats are filled and one (the first congressional district seat) is vacant.

For convicted violent offenders whose crimes occurred after January 1, 1986 – which obviously includes Smith – at least two-thirds of board members present and voting must support parole in order for it to be granted.

In February of this year, we published an online poll asking whether Smith’s bid for parole should be granted. A whopping 91 percent of respondents said “no.”

FITSNews will attend tomorrow’s hearing and plans to provide full coverage of the proceedings…

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ABOUT THE AUTHOR …

Jenn Wood is FITSNews’ incomparable research director. She’s also the producer of the FITSFiles and Cheer Incorporated podcasts and leading expert on all things Murdaugh/ South Carolina justice. A former private investigator with a criminal justice degree, evildoers beware, Jenn Wood is far from your average journalist! A deep dive researcher with a passion for truth and a heart for victims, this mom of two is pretty much a superhero in FITSNews country. Did we mention she’s married to a rocket scientist? (Lucky guy!) Got a story idea or a tip for Jenn? Email her at jenn@fitsnews.com.

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