Smith Testimony Continues 11/04

Attorneys for a condemned killer claim their client is not smart enough to be executed.

33-year-old Jerry Jerome Smith was sentenced to die for killing three people at a Dothan home in 1998.

But, an appeals court ordered him re-sentenced because the original jurors were not allowed to hear evidence that might have convinced them to spare his life.

Now, a second jury has been chosen to recommend life without parole or the death penalty again.

Smith’s lawyers are relying on a US Supreme Court ruling that prohibits executing mentally retarded criminals.

However, mental health experts disagree on Smith's condition.

Testimony in the case continues today (Thursday).