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Parents Convicted on Dead Son's Birthday
http://www.11alive.com/news/article_...?storyid=92302
Parents Convicted on Dead Son's Birthday Reported By: Jon Shirek Last Modified: 2/16/2007 10:37:06 PM A Cobb County jury declared two Mableton parents, Sonya and Joseph Smith, guilty, Friday, of abusing and then murdering their son, Josef, in 2003. In an ironic twist of timing, they were found guilty on the same day Josef would have turned 12 years old. They were immediately taken into custody, and will be sentenced to spend the rest of their days in prison. The Smiths sat stone-faced in the courtroom, which was packed with friends from their church, as the jury read the verdicts just after high noon -- guilty of 11 of the 14 counts against them, including one count of felony murder, one count of felony involuntary manslaughter, four counts of child cruelty and three counts of aggravated assault. "I think the jury sent a message to the community," said the prosecutor, Senior Assistant District Attorney Eleanor Dixon, "that they're not going to allow this type of child abuse to happen here in Cobb County." "They're just in shock right now," the Smiths' attorney, Manny Arora, said of the Smiths. "It's just been gut-wrenching. I completely believe in them." The Smiths' defense was that they did nothing to hurt Josef, who was 8 years old when he died -- all they did was spank him, repeatedly but harmlessly, based on what they believe the Bible teaches about corporal punishment. "Discipline's always appropriate," Dixon said after the verdict, "but there is... a line that you cannot cross. And when you're leaving marks and scarring all over the body of your child, that is highly inappropriate and should be prosecuted to the fullest extent." Dixon said jurors told her Friday afternoon that the photos of Josef she had showed them during the trial helped convince them to convict the parents. The photos were taken by authorities the night of October 8, 2003, when Josef was brought to a hospital emergency room, unconscious. He died the next day. His body was covered, head to toe and front to back, with bruises and scars. At the trial, witnesses for the state called it one of the worst cases of child abuse they'd ever seen. Defense Attorney Manny Arora knew he would have a tough time convincing the jury that what the photos showed was not the result of child abuse, but the result of a severe skin condition, eczema. Josef scratched the rashes incessantly, Arora said, which led to a sudden infection, and the infection suddenly killed Josef, within 48 hours after he contracted the infection. "I think the jurors tried to do the best that they could," Arora said Friday afternoon. "I think it was just too many injuries for them to say it was eczema. And with the photographs the way they were, the emotional issues, I think what they did," by concluding that the Smiths must have been abusing Josef and caused his death "isn't unreasonable. I think reasonable people could come to that conclusion." Even though he argues, still, it is the wrong conclusion. "It's just very shocking to me," Arora said of the guilty verdicts, especially the conviction on felony murder. The jury believed that on October 8th, 2003, the parents caused Josef's death while they were committing a felony against him, Cruelty to Children in the First Degree, which consisted of "striking him about his head and body with object(s) unknown," in the words of the indictment. And while the Cobb County Medical Examiner had concluded that Josef's death was caused by blunt force trauma to the head, the state medical examiner and other expert witnesses for the prosecution and the defense disagreed on that cause of death. "There was not a true, clear cause of death," Dixon said Friday afternoon. "There were some disagreements. But it was also clear that the child died at the hands of the parents." In fact, both medical examiners did agree that Josef's death was a homicide, not an accidental death and not a death due to illness. After the verdicts were read Friday, Sheriff's deputies took the parents into custody and led them out of the courtroom. The Smiths had been free, on bond, until then. The crime of felony murder carries a mandatory sentence of life in prison. Dixon told reporters that, under Georgia law, the Smiths will not be eligible for parole for 30 years. Joseph Smith is 47; Sonya Smith is 39. Judge James Bodiford scheduled the Smiths' sentencing for March 27th. Dixon said she expects to recommend that the sentences on most or all of the other offenses should run consecutively, not concurrently. "I don't feel that these people need to be a part of the community," Dixon said. When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. Back to the irony of the day, of Josef's parents being convicted of killing him on what would have been his twelfth birthday: "I just hope that he's somewhere, now, looking down," Dixon said, "and saying, you know, I'm okay. This was the right thing." The Smiths are members of Remnant Fellowship Church, based near Nashville, Tennessee. The church has helped pay for the Smiths' defense, and members have filled the courtroom during the trial, in support of the Smiths. The church issued this statement Friday: "The Smiths are innocent, and so we will appeal this and fight for justice for the Smith family. This case is not over.' The Smiths have two other children, both boys, older and younger than Josef. The boys were taken into state custody the night Josef died, and they are now living with relatives. |
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Parents Convicted on Dead Son's Birthday
When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. |
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Parents Convicted on Dead Son's Birthday
On Feb 18, 5:54 pm, "Dan Sullivan" wrote:
When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. agreed |
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Parents Convicted on Dead Son's Birthday
On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! |
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Parents Convicted on Dead Son's Birthday
On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote:
On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. 0:-] |
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Parents Convicted on Dead Son's Birthday
On Tue, 20 Feb 2007, 0:-] wrote:
On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote: On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. The jury had spoken, STUPID. They had determined where the line is and it has been crossed. Don't know how to read, STUPID "never-spanked" boy? 0:-] |
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Parents Convicted on Dead Son's Birthday
On Feb 20, 1:25 pm, Doan wrote:
On Tue, 20 Feb 2007, 0:-] wrote: On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote: On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. The jury had spoken, STUPID. They had determined where the line is Where did they establish the line had been crossed? At Death? and it has been crossed. Well now that's brilliant, monkeyboy. We'd have never known that without you. R R R R Don't know how to read, STUPID "never-spanked" boy? Apparently "too-often-spanked screeching hysterical boy" you don't know how to read or think. Show where the jury established the position of "the line," Doan. 0:-] 0:- |
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Parents Convicted on Dead Son's Birthday
On 20 Feb 2007, 0:- wrote:
On Feb 20, 1:25 pm, Doan wrote: On Tue, 20 Feb 2007, 0:-] wrote: On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote: On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. The jury had spoken, STUPID. They had determined where the line is Where did they establish the line had been crossed? At Death? "Discipline's always appropriate," Dixon said after the verdict, "but there is... a line that you cannot cross. And when you're leaving marks and scarring all over the body of your child, that is highly inappropriate and should be prosecuted to the fullest extent." Learn to read, STUPID! and it has been crossed. Well now that's brilliant, monkeyboy. We'd have never known that without you. R R R R That is because YOU ARE STUPID! Hihihi! Don't know how to read, STUPID "never-spanked" boy? Apparently "too-often-spanked screeching hysterical boy" you don't know how to read or think. Hihihi! Exposing your STUPIDITY again, Kane? Show where the jury established the position of "the line," Doan. By their verdict, STUPID! 0:-] 0:- |
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Parents Convicted on Dead Son's Birthday
On Tue, 20 Feb 2007 16:18:36 -0800, Doan wrote:
On 20 Feb 2007, 0:- wrote: On Feb 20, 1:25 pm, Doan wrote: On Tue, 20 Feb 2007, 0:-] wrote: On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote: On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. The jury had spoken, STUPID. They had determined where the line is Where did they establish the line had been crossed? At Death? "Discipline's always appropriate," Dixon said after the verdict, "but there is... a line that you cannot cross. And when you're leaving marks and scarring all over the body of your child, that is highly inappropriate and should be prosecuted to the fullest extent." Learn to read, STUPID! I have. Remember the case last year where a city councilman was found innocent though he used a belt and left marks on his son? In other words, Doan, like always, you lie or are stupid, or both. And you have read on aps different views on "spanking" and whether leaving marks is okay..some saying yes, some no. In other words, stupid, no one, not even a jury, really can say. I notice there is NO confusion about crossing the line on speeding while driving. Go over 65 in a 65 zone and we all agree, with our without a trial, with or without a jury, that the line has been crossed. and it has been crossed. Well now that's brilliant, monkeyboy. We'd have never known that without you. R R R R That is because YOU ARE STUPID! Hihihi! So, have you determined just where, before death, the line was crossed, Doan? Are you going to claim "marks?" How many marks, Doan? Don't know how to read, STUPID "never-spanked" boy? Apparently "too-often-spanked screeching hysterical boy" you don't know how to read or think. Hihihi! Exposing your STUPIDITY again, Kane? Exposing yours. Show where the jury established the position of "the line," Doan. By their verdict, STUPID! I didn't say how, I said "where," Doan. Still can't read and don't want to learn? R RRRR R R R No show what the jury said about the positon of "the line," Doan. Your games just show your willingness to lie. 0:- 0:-] 0:- |
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Parents Convicted on Dead Son's Birthday
On Tue, 20 Feb 2007, 0:-] wrote:
On Tue, 20 Feb 2007 16:18:36 -0800, Doan wrote: On 20 Feb 2007, 0:- wrote: On Feb 20, 1:25 pm, Doan wrote: On Tue, 20 Feb 2007, 0:-] wrote: On Tue, 20 Feb 2007 09:57:33 -0800, Doan wrote: On 18 Feb 2007, Dan Sullivan wrote: When Dixon was wrapping up her closing arguments on Wednesday, she placed a child's birthday cake in front of the jury. The cake had eight candles. Dixon lit them. She sang Happy Birthday to Josef, who was eight years old when he died. And while the jurors watched, the Smiths looked away, clung to each other, and sobbed. Dixon said that Josef's birthday cake would always be missing something -- the candle for his ninth birthday. An uncalled for theatrical stunt by the prosecutor. Nonetheless tha parents got what they deserved. Yup! The jury had spoken! And how carefully you avoid the issue of The Question...where the line is between discipline...which they claimed they were doing.. and that they claimed that's all they were doing, and abuse which too often is deadly. The jury had spoken, STUPID. They had determined where the line is Where did they establish the line had been crossed? At Death? "Discipline's always appropriate," Dixon said after the verdict, "but there is... a line that you cannot cross. And when you're leaving marks and scarring all over the body of your child, that is highly inappropriate and should be prosecuted to the fullest extent." Learn to read, STUPID! I have. Remember the case last year where a city councilman was found innocent though he used a belt and left marks on his son? What does that have to do with this case, STUPID! In other words, Doan, like always, you lie or are stupid, or both. The proven STUPID LIAR is yOU, like always, Kane. And you have read on aps different views on "spanking" and whether leaving marks is okay..some saying yes, some no. Hihihi! "reasonable person" standard, remember? In other words, stupid, no one, not even a jury, really can say. The jury had spoken in this case, STUPID! I notice there is NO confusion about crossing the line on speeding while driving. Go over 65 in a 65 zone and we all agree, with our without a trial, with or without a jury, that the line has been crossed. So going 15mph in a 65 zone is ok? YOU ARE STUPID!!! and it has been crossed. Well now that's brilliant, monkeyboy. We'd have never known that without you. R R R R That is because YOU ARE STUPID! Hihihi! So, have you determined just where, before death, the line was crossed, Doan? "Reasonable person" standard! Are you going to claim "marks?" How many marks, Doan? "reasonable person" standard! Are you going to stop talking to your kids because you don't know where the line is, Kane? Hihihi! Don't know how to read, STUPID "never-spanked" boy? Apparently "too-often-spanked screeching hysterical boy" you don't know how to read or think. Hihihi! Exposing your STUPIDITY again, Kane? Exposing yours. Hihihi! Your STUPIDITY is showing! Show where the jury established the position of "the line," Doan. By their verdict, STUPID! I didn't say how, I said "where," Doan. Hihihi! Ask the jury, STUPID! Still can't read and don't want to learn? R RRRR R R R Still STUPID and a liar, Kane? No show what the jury said about the positon of "the line," Doan. It has been crossed, STUPID! Your games just show your willingness to lie. The proven LIAR is YOU! Hihihi! 0:- 0:-] 0:- |
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