DOTHAN, Ala. — Jerry Jerome Smith, a man convicted of a triple homicide in 1994, continues to face the looming threat of execution after spending decades on death row. Accused of killing Flint Flournoy, Theresa Helms, and David Bennett during a botched drug deal, Smith’s case has been marked by years of legal battles and a renewed fight for his life.
Since his conviction, Smith has made six attempts to appeal his death sentence. His case gained national attention in 2018 when the Alabama Supreme Court affirmed his conviction, clearing the way for his execution. Now, in a last-ditch effort to spare his life, Smith is once again turning to the courts, filing a federal appeal with the assistance of the Equal Justice Initiative (EJI).
The EJI’s latest legal maneuver challenges Smith’s death sentence on the grounds that he has an intellectual disability, which they argue makes his execution unconstitutional under the Eighth Amendment’s prohibition of cruel and unusual punishment. According to the appeal, Smith’s IQ has consistently measured around 67 in multiple tests administered by state-appointed experts—well below the threshold commonly accepted for intellectual disabilities.
The non-profit group contends that Smith’s condition was not properly presented during his trial in the 1990s, where prosecutors allegedly misled the jury into believing that Smith was not intellectually disabled. Legal experts argue that this oversight could have played a pivotal role in the jury’s decision to impose a death sentence.
Another significant issue raised in the appeal involves racial bias in Smith’s trial. EJI points out that Smith was convicted by an all-white jury, an argument that draws attention to potential racial inequalities in the criminal justice system, particularly in cases involving African American defendants.
Smith’s case has highlighted concerns about fairness in the application of the death penalty, particularly in instances where racial and intellectual factors may have influenced trial outcomes. Legal observers note that the combination of Smith’s possible intellectual disability and the racial composition of his jury could be pivotal in the ongoing efforts to challenge his sentence.
As the case continues to develop, Smith’s supporters are holding out hope that the courts will intervene and reconsider his fate. The legal fight remains in motion, and the outcome of his appeal could set important precedents for similar cases involving claims of intellectual disability and racial bias in capital punishment.
