JERRY JEROME SMITH MURDER SENTENCE UPHELD

A man convicted and sentended to death for killing three people in Houston County in 1998 learned his fate again yesterday. The Judge heard an appeal to lower the death sentence to life in prison without parole. The family members of the victims killed by Jerry Jerome Smith, filled the courtroom yesterday to see if Judge Lawson Little would overturn the death pentalty sentence Smith received at the time of his conviction. The defense`s strategy was to prove that Mr. Smith is mentally retarded, and therefore, under the law, should not be put to death. The defense said,"it was their position that Mr. Smith is mentally retarded which would get us to the sentence of life in prison without parole." The jury that convicted Smith and sentenced him to death initially, rejected the mental retardation plea. The jury was absent yesterday, and Judge Little was left to determine if the mental retardation argument was convincing. The D. A. said,"the message is real loud and clear that Jerry Jerome Smith is not innocent, we don`t have the wrong man, and he didn`t get prosecuted because of his race....he is a killer and needs termination." The decision of the Judge yesterday was that Jerry Jerome Smith would be put to death. Mr. Smith and his attorneys have one more appeal left before he will be put to death. The case will now be turned over to the Alabama Supreme Court for review, and they will decide to accept the sentence or ask that the case be tried again.