Court Affirms Two Death Sentences Despite the Father of One Victim Requesting Life In Prison for the Defendant
In Smithers v. State, 826 So. 2d 916, 930 (Fla. 2002) the court affirmed two death sentences where court found cold, calculated, and premeditated aggravator applicable to one murder and prior violent felony and heinous atrocious and cruel (HAC) applicable to both, despite finding both statutory mental health mitigators and seven nonstatutory mitigators, and where the father of one victim requested life in prison as a punishment for the defendant).
The nonstatutory mitigators were:
(1) Smithers was a good husband and father;
(2) Smithers enjoyed a close relationship with his siblings;
(3) Smithers was physically and emotionally abused by his mother as a child;
(4) Smithers regularly attended church and was devoted religiously;
(5) since being arrested, Smithers has been a model inmate and he would conduct himself appropriately in a prison setting;
(6) Smithers has made several contributions to the community;
(7) Smithers confessed to the crime, but his trial testimony is in conflict with his statements to the detectives.Smithers, 826 So. 2d at 930.