Wednesday, February 23, 2000
Death sentence is upheld
Over-the-Rhine man condemned for murder
BY BEN L. KAUFMAN
The Cincinnati Enquirer
A federal judge declined Tuesday to overturn an Over-the-Rhine resident's death sentence, but he granted a stay of execution to appeal.
U.S. District Judge S. Arthur Spiegel said arguments presented by William H. Smith Jr. lacked merit or were procedurally flawed.
A three-judge panel convicted Mr. Smith of the 1987 murder, rape and robbery of Mary Virginia Bradford in her Over-the-Rhine apartment.
After exhausting state appeals, Mr. Smith asked Judge Spiegel to intervene. His petition included claims that he did not knowingly waive a jury trial and that his admission was involuntary.
Here's how Cincinnati police recounted the case:
Mr. Smith, then 30, said the 45-year-old Ms. Bradford offered him sex in exchange for some cocaine.
After having sex with her, he said he decided he wanted money, too, but she pulled a knife and was stabbed in the struggle.
Mr. Smith stabbed her again and raped her. He then looted her apartment and raped her again. Ms. Brad ford died of multiple stab wounds.
Police found some of her belongings in Mr. Smith's home and he admitted everything.
At sentencing, he surprised Judges Ralph Winkler, Norbert Nadel and Robert Kraft with the claim that someone else committed the crimes. He said he didn't mention the other man because he assumed attorneys Robert Ranz and Dale Schmidt would win his acquittal.
Mr. Smith was sentenced to death. Since then, he has been pursuing the appeals guaranteed to every prisoner on death row.
Prison spokesman Joe Andrews said no execution date had been set.
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