Georgia v. Smith

Joseph and Sonya Smith, a couple who lived in Mableton, Georgia, went on trial in February 2007 for the 2003 death of Josef Smith, their 8-year-old son. This case prompted authorities to raid the family's church in 2004 because it supports corporal punishment. [cite web | Last=Yee |First=Daniel |url=http://72.14.209.104/search?q=cache:bn4t0xR46Y0J:news.findlaw.com/ap/o/51/02-07-2007/acda000b355197d5.html | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ]

The Case

Josef Smith died at a children's hospital after paramedics were called to the family's home in Mableton, an Atlanta suburb. [ cite web | Last=Yee |First=Daniel |url=http://72.14.209.104/search?q=cache:bn4t0xR46Y0J:news.findlaw.com/ap/o/51/02-07-2007/acda000b355197d5.html | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ]

In October 2003 the boys' parents had told authorities Josef had passed out and never regained consciousness after the family gathered in the kitchen to participate in a prayer session with their church via the Internet. [ cite web | Last=Yee |First=Daniel |url=http://72.14.209.104/search?q=cache:bn4t0xR46Y0J:news.findlaw.com/ap/o/51/02-07-2007/acda000b355197d5.html | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ] Mr. Smith reportedly told police that when he went to pick his son up that he was "warm to the touch, wet with sweat, and unresponsive." Smith thought his son was overheating and he had carried the boy out to the carport and laid him down on the concrete hoping it would have a cooling affect, but that it didn't. They then called 911. Cobb County fire and rescue responded and found the 8-year-old lying on his back in the dining room, not breathing and without a pulse. He was rushed to the hospital where doctors later determined he was brain dead. He died a day later. [ cite web | Last=Pordum |First=Matt |url=http://www.courttv.com/trials/smith/020807_ctv.html#storycont | title=Babysitter: Dad accused of killing his 8-year-old son told me to 'hit him hard' if he cried |date=2007-02-08 | publisher=Court TV ]

Cobb County medical examiners concluded that 8-year-old Josef Smith died as a result of "acute and chronic" abuse. Police said that the parents often locked the boy in a closet and forced him to pray to a picture of Jesus. [ cite web | Last=Pordum |First=Matt |url=http://www.courttv.com/trials/smith/020607_background_ctv.html | title=Murder trial set to start for parents accused of beating their 8-year-old son to death |date=2007-02-09 | publisher=Court TV ]

The Smiths admitted disciplining their son by striking him with a glue stick, but claimed the punishment never rose to the level of abuse. [ cite web | Last=Pordum |First=Matt |url=http://www.courttv.com/trials/smith/020607_background_ctv.html | title=Murder trial set to start for parents accused of beating their 8-year-old son to death |date=2007-02-09 | publisher=Court TV ]

Church Connection

The Smiths were members of the Brentwood, Tennessee-based Remnant Fellowship Church, which grew out of church leader Gwen Shamblin's Weigh Down Workshop, a Christian diet program she created in 1986. Authorities raided the church in June 2004 as part of the investigation of Josef Smith's death.

Former members of the Smiths' church said the groups teachings on discipline include discussion of corporal punishment. Church leaders stated that they leave discipline to parents and that spankings are a last resort. [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ] Before jury selection, the Smith's attorneys stated that the defense had made a deal with prosecution to limit the church's involvement in the trial. [cite news | last=Kalodimos| first=Demetria| coauthors =| title =Parents Charged In Child's Death To Go On Trial| work =| pages =| language =eng| publisher =WSMV Nashville Channel 4 News | date =2007-02-05| url =http://www.wsmv.com/news/10928264/detail.html| accessdate =2007-05-30 ] Police investigators said they could not find any link between the boy's death and the religious institution. [cite news | last= Yee| first=Daniel | |title="Couple get life terms for killing their son" | work =| pages =| language =eng| publisher =Associated Press | date =2007-03-27| url=http://www.cobbda.com/RECENTCASESINTHENEWS/SMITHMURDER/SonyaandJosephSmith.htm |accessdate=2007-03-27 ]

Charges

Joseph and Sonya Smith, were charged with Manslauder. [ cite web | Last=Yee |First=Daniel |url=http://www.thesmithsareinnocent.com | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ] [cite court |litigants=Georgia v. Sonya and Joseph Smith |court=Cobb County Superior Court |date=2006-06-15 |url=http://www.innocenceproject.org/]

The Trial

Prosecution

Prosecutors in the trial said Joseph and Sonya Smith beat their son Josef, locked him in a wooden box and confined him to a closet for hours at a time before he died in October 2003. [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ]

Defense

The defense attorney for the Smiths said the injuries on the boy's body did not cause the boy's death and that the medical examiner did not perform tests that would have cleared his clients. [ cite web | Last=Yee |First=Daniel |url=http://72.14.209.104/search?q=cache:bn4t0xR46Y0J:news.findlaw.com/ap/o/51/02-07-2007/acda000b355197d5.html | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ]

During the trial, the defense attorney pointed out that there was no DNA evidence to prove the boy was locked inside the wooden box as the prosecution claimed. The defense also said the closet that prosecutors accused the parents of locking the boy in had no wall to prevent him from going into his bedroom, because his father had been renovating the house. [ cite web | Last=Yee |First=Daniel |url=http://72.14.209.104/search?q=cache:bn4t0xR46Y0J:news.findlaw.com/ap/o/51/02-07-2007/acda000b355197d5.html | title=US couple whose church backs corporal punishment go on trial in son's death |date=2007-02-07 | publisher=Associated Press ]

Verdict and Sentencing

After being convicted by a jury, the Smiths were sentenced to life plus 30 years in prison, the maximum punishment, by Cobb County Superior Court Judge James Bodiford. [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ]

At the sentencing hearing approximately two dozen supporters for the Smiths were in the courtroom, and several friends spoke on the couple's behalf, describing them as kind. [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ]

The judge called the letters of support for the Smiths "amazing," but said the supporters likely didn't have all the details. [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ]

Appeal Proceedings

One of the church's leaders, said they still believe the Smiths are innocent and that the church would "... support the Smiths in any way possible". [ cite web | Last=Yee |First=Daniel |url=http://www.foxnews.com/printer_friendly_wires/2007Mar27/0,4675,ChurchChildDeath,00.html | title=Ga. Parents Sentenced in Boy's Death |date=2007-03-27 | publisher=Associated Press ] The Church is standing by the couple and helping fund their legal appeals and solicit donations for them on the Internet. Attorney, Manubir Singh Arora, who represented the Smiths at trial will not be handling their appeal. He told reporters that he was surprised and impressed by the level of support the church had shown the couple. "Frankly they've helped out a ton," Arora said. "And while people may or may not agree with whatever their beliefs are or the weight loss issues, the fact someone is willing to stick it out with you during one of the worst cases and worst times shows they're decent people." [cite news | last=French| first=Rose| coauthors =| title =Church leading appeal of Ga. parents sentenced in child’s death | work =| pages =| language =eng| publisher = Associated Press| date =2007-03-28| url =http://www.dailyreportonline.com/Editorial/News/new_singleEdit.asp?individual_SQL=3%2F28%2F2007%4014364_Public_.htm| accessdate =2007-04-06 ]

Footnotes

External links

* http://www.thesmithsareinnocent.com
* http://www.courttv.com
* http://www.foxnews.com