By CLAY MURPHY
Union County Bureau

UNION, S.C. (7/23/95) -- Although Susan Smith has been found guilty of murder, some say the most compelling testimony is yet to come.

That's because the same jury who convicted her must now decide whether the 23-year-old woman deserves life in prison or to die in the electric chair.

Testimony for the sentencing phase will begin Monday, after the mandatory 24-hour waiting period.

Columbia defense attorney Dick Harpootlian said prosecutors may be given the opportunity to introduce "more graphic testimony" that would have previously been considered prejudicial.

Photos of Michael, 3, and Alex, 14 months, and videotape produced during the May re-enactment of Smith's sinking car could be shown in an effort to demonstrate the heinousness of Smith's actions, said Spartanburg lawyer Andy Johnston.

"How great a crime was it?" said Johnston, a criminal defense specialist who has been following the case.

He said David Smith may even be called to the stand to supply "victims' impact" testimony on behalf of his children.

But Smith's lawyers are not defenseless.

Johnston said David Bruck and Judy Clarke will try to counter the prosecution's claims with their own evidence, which may include the testimony of Beverly Russell, Smith's stepfather and the man who admitted molesting her as a teen-ager, one of a series of tragedies in her life.

It is even possible that Smith will be called to testify as a last-ditch attempt to save her life, said Johnston.

"She could really show her remorse," he said, adding that the defense takes a risk by opening up Smith to the prosecution's direct questioning.

Smith's age, her lack of a criminal record and her mental health at the time of the crimes will all be highlighted by her lawyers, Johnston said.

Solicitor Tommy Pope and Bruck would not speculate on how long they thought the sentencing phase would last. Bruck said, though, that the defense would not reintroduce evidence about Smith's mental state.

During the first part of the trial, a psychiatrist, social worker and friends testified about Smith's history of depression, desire to commit suicide at an early age and at least two suicide attempts.

"There's still a great deal more," Bruck said. "There's still a lot more to this terrible tragedy."

[Home] [Latest] [Nine Days in Union] [Photos] [Staff] [About]