Clinton Cebert Smith, 1996-2009
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Clinton Cebert Smith was convicted on April 7, 1998 of first degree murder for the poisoning of his six-year old daughter, Britteny Cotton, and of attempted murder of his ex-girlfriend, Silvia Cotton, and Smith and Cotton's two other children, Jamal and Breanca. Smith was sentenced to death. In post-conviction appeals, Clinton's counsel argued that he had a racially prejudiced jury; that the jury was not properly informed regarding lesser charges and lesser sentencing; and that the court allowed evidence that should have been disqualified as hearsay. The court rejected these arguments. However, in 2008 Superior Court Judge John R. Jolly, Jr. ordered Smith removed from death row, finding that he was ineligible for the death penalty by reason of intellectual disability.
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