Summary of Offense:

Ten years ago, a Halifax County jury gave Clinton Cebert Smith a death sentence for fatally poisoning his 6-year-old daughter, Britteny. They found that he had gone to the home of his ex-girlfriend and laced cherry ool-Aid with a pesticide. But this month, state Superior Court Judge John Jolly Jr. ordered Smith off death row. Jolly found that Smith, 48, is mentally retarded and not capable of understanding his actions.

Smith's lawyers say the ruling means more than sparing Smith a lethal injection. They say it is another sign of Smith's innocence in a case they contend has been twisted by hidden evidence, misleading testimony and inadequate representation by defense lawyers during the trial. The lawyers representing Smith – now sentenced to life without parole – are hoping appellate judges will award him a new trial. Smith can't read or write. His IQ is 70 or below, and he has “significant limitations” in basic life skills. His attorneys say he could not dream up and execute the poisoning of his family.

Smith is the 14th person removed from the state's death row for mental retardation, according to the Center for Death Penalty Litigation. A change in state law in 2001 prohibited the mentally retarded from being executed.

(Source: The Charlotte Observer)