We are taking a look at South Carolina law to better understand how she is eligible even after getting a life sentence for a murder conviction.
CHARLOTTE, N.C. — Susan Smith, a South Carolina woman who was convicted of killing her two young sons 30 years ago, was denied parole by state officials on Wednesday.
There are many questions surrounding how Smith, who was sentenced to life in prison, was even eligible for a parole hearing. Here’s what South Carolina state law says about the parole system and how someone who was sentenced to life in prison for murder can be eligible for parole.
THE QUESTION
How was Susan Smith eligible for a parole hearing?
SOURCES
WHAT WE FOUND
Under South Carolina law, if anyone was convicted of murder before Jan. 1, 1996, they are eligible for parole after 30 years. Smith killed her two young sons in 1994 and was convicted in 1995, meaning she made the cutoff and served 30 years, making her eligible for a parole hearing.
Anyone who falls under this cutoff and isn’t granted parole in their first hearing is eligible for another hearing every two years. According to the State Department of Probation, Parole and Pardon Services, a decision to grant parole requires a two-thirds vote of board members present for the hearing.
Smith made her case by video link from prison. She broke down in tears and admitted she was “very sorry” for killing her sons, Michael and Alex, by strapping them into her car and rolling it into the John D. Long Lake in Union County. She initially claimed a Black man carjacked her with the boys inside, a lie she maintained for over a week before admitting to the murders.
“I know what I did was horrible,” Smith said, pausing and then continuing with a wavering voice. “And I would give anything so I could change it.”
Smith was denied parole by a unanimous vote. Generally speaking, parole isn’t easy to get in South Carolina. It’s only granted about 8% of the time and it’s less likely to be granted during an inmate’s first appearance before the board. That holds true in notorious cases or when prosecutors and the families of victims are opposed, like in Smith’s case.
Contact Meghan Bragg at mbragg@wcnc.com and follow her on Facebook, X and Instagram.
First appeared on www.wcnc.com