Judge's order moves man off death row -Raleigh (NC) News & Observer

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 former girlfriend and laced cherry Kool-Aid with a pesticide. His two younger children survived.

But this month, state Superior Court Judge John R. Jolly Jr. ordered Smith off death row. Jolly found that Smith, 48, is mentally retarded and therefore not capable of understanding his actions. Testimony at the trial suggested two motives: Smith did not want to continue paying child support and he was angry at his former girlfriend for seeing another man.

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 that they contend has been twisted by hidden evidence, misleading testimony and inadequate representation by the defense lawyers during the trial. The lawyers representing Smith now are hoping app

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