The Susan Smith Trial

By MOLLY McDONOUGH
Staff Writer

UNION, S.C. (7/20/95) -- Susan Smith buried her head in her hand and sobbed violently as a diver told the jury about seeing her dead son's hand pressed against the glass of her submerged car.

Because visibility was only about 12 inches at the 18-foot level where the divers found the car, Steve Morrow said he had to shine his light against the window as he peered inside.

"I was able to see a small hand against the glass," said the state Wildlife Department diver as his voice cracked. He said the car was standing with its grille in the mud, and the boys were hanging heads downward in their car seats.

Smith dropped her head, rocked back and forth, and cried for several minutes.

Morrow's testimony Wednesday marked the most emotional moment in Smith's double-murder trial, driving many in the hushed courtroom to tears.

David Smith, the father of the boys, sat still and stared straight ahead while his father and stepmother grimaced at the painful testimony.

Mr. Smith's mother, Barbara Benson, left the courtroom as soon as Morrow's name was called and remained outside while another witness testified about putting the decomposed bodies in plastic bags.

Steve Derrick, a crime scene investigator for the State Law Enforcement Division, also said authorities found a wedding album, maternity clothes and toys in Ms. Smith's car when it was pulled up.

Also found in the car was a letter from Smith's ex-boyfriend Tom Findlay, written about a week before the boys died. Findlay, who also testified Wednesday, wrote in the letter that her children were the reason their relationship must end.

The prosecution, which began its case Tuesday after brief opening arguments, is expected to rest its case sometime today.

Defense lawyer David Bruck has not said whether he will present witnesses during this phase of the death penalty trial.

The most compelling testimony Wednesday came from Findlay, the son of wealthy Conso Products Co. owner Cary Findlay.

Prosecutors say Smith, 23, killed 3-year-old Michael and 14-month-old Alex because she thought they were obstacles to her relationship with Findlay, known as the Catch in Union County.

In her Nov. 3 handwritten confession, Smith wrote, "I was in love with someone very much, but he didn't love me and never would."

The defense, however, maintains the Smith boys died as a result of a botched suicide attempt.

During more than two hours of testimony, Findlay related the details of his intimate yet turbulent relationship with Smith.

He said he saw Smith three times on Oct. 25, the day she released the hand brake on her burgundy Mazda and let it roll into John D. Long Lake with her boys still strapped in their safety seats.

He described her as being suicidal.

Prosecutors referred to Smith's confession and a letter Findlay typed to her on Oct. 17, a reply to a "thank you for being a friend" letter Smith had written him.

In his two-page letter found in Smith's car, Findlay wrote, "There are some things about you that aren't suited for me, and yes, I am speaking about your children. I'm sure that your kids are good kids, but it really wouldn't matter how good they may be. The fact is, I just don't want children."

Both letters were entered into evidence and read to the jury Wednesday.

Solicitor Tommy Pope also focused on testimony from Findlay that Smith regretted having children at some points and was upset by the termination of their relationship.

Under cross examination, however, Findlay, a graphic artist for Conso, spoke compassionately about her. The two met at the end of 1993, shortly after she was shifted to a secretarial position in his father's office.

"The Susan that I know is very caring, very loving, a good friend to everyone, not just me," Findlay said.

He said they remained friends even after their intimate relationship ended when he saw her kiss another man at a hot tub party he held on Oct. 15.

Findlay admitted in court to having had sexual intercourse with another woman that night after Smith left the party.

He said Smith was upset Oct. 25 because she thought her estranged husband was about to expose an alleged affair she had with her stepfather Beverly Russell. He said Smith also told him earlier that day that she had an affair with his father, a claim she later recanted and tried to shrug off as a joke.

Findlay said he never asked his father whether he had an affair with Smith.

David Smith looked stern, his arms crossed and lips pursed as Findlay testified.

Findlay said Smith thought her estranged husband was stalking her and having her phones tapped. Findlay believed her because he claims Mr. Smith was hiding in his wife's home one night when he and Susan were talking on the phone.

David Smith jumped out of a closet, grabbed the receiver and said, "`You better stop talking to my wife you son of a bitch. I'm going to get you,"' Findlay testified.

Also testifying Wednesday were:

Roy Paschal, a State Law Enforcement Division sketch artist who became suspicious of Smith. "There were certain dynamics or red flags," Paschal said about the way Smith was vague in her description of the man she claimed kidnapped her children.

David Espie, an FBI sketch artist who saw Smith on Oct. 27 and told her he knew she wasn't telling the truth.

David Caldwell, a SLED behaviorist, who confronted Smith on Oct. 26 about inconsistencies in her statements. When he asked her if she killed her children because they were screaming, Caldwell said Smith slapped the desk and said "You son of a bitch. I can't believe you think that." Caldwell said she then left the room and ended the interview.

Sandra Williams, an administrative assistant at Conso, is Smith's former boss. She testified that Smith lamented having children, but later said she didn't think her statements were unusual for a young single mother. "She always spoke about (her children) with a lot of love," Williams said.

Susan Brown, a mutual friend of Smith's and Findlay's, is Conso's marketing manager. She was with Smith Oct. 25, when Smith recanted her story to Findlay about having an affair with Tom Findlay's father. Brown knew Smith was upset and offered to watch a home video with her that night. Smith declined the offer.

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