The former prosecutor who sought the death penalty for Susan Smith told Newsweek she made calculated decisions in the drowning of her two sons and should remain in prison, citing her risque behavior behind bars ahead of a parole hearing.
Smith, 53, is serving a life sentence after a jury chose not to sentence her to death during her 1995 murder trial. Under the law at the time, she can request release after serving 30 years in prison.
Tommy Pope told Newsweek the jury was unaware parole would eventually be an option in her case.
"Up until 1996 in South Carolina, life did not mean life," Pope said. "If the jury was asked, they were told to take life and death in their plain and usual meaning, and they were never able to be told that there was a possibility of parole."
Pope said the jury ultimately chose a life sentence, hoping she would show remorse and reflect on her sons—but, he added, it hasn't happened.
"She's had sex with guards. She's had pen pals, Facebook friends. Now she's got sugar daddies that want to take care of her when she gets out. She's continued to be focused on Susan," Pope said. "My argument to the parole board is truth and sentence, and that's exactly what she should receive."
Newsweek reached out to the South Carolina Department of Probation, Parole and Pardon Services.
Public Information Director Anita Dantzler told Newsweek, "As of November 4, 2024, we have received 328 correspondences regarding the parole consideration for Susan Smith. Two were in favor of parole."
Parole in South Carolina is only granted about 8% of the time and is less likely on an inmate's first appearance before the board, in notorious cases or when prosecutors and the families of victims are opposed.
The parole board has set Smith's hearing for November 20.
The Context?
Smith reported on October 25, 1994, she had been carjacked late at night near Union, South Carolina, and a man had driven away with her two sons inside. She described the carjacker as a Black man.
For nine days, Smith made numerous and tearful pleas asking 3-year-old Michael and 14-month-old Alexander to be returned safely. Her then-husband, David Smith, stood by her side, unaware of the truth.
However, the boys and Smith's car were at the bottom of nearby John D. Long Lake, authorities said.
Investigators quickly found inconsistencies in Smith's account. Typically, carjackers target vehicles, so they questioned why the perpetrator would let Smith go while keeping her children. Additionally, the traffic light where Smith claimed to have stopped would only show red if another vehicle was present, yet she insisted no other cars were nearby.
Smith confessed to letting her car roll down a boat ramp into the lake. Investigators recreated the scene and found it took six minutes for the Mazda to submerge. Cameras inside the vehicle captured water pouring in through the vents and steadily rising. The boys' bodies were discovered dangling upside down in their car seats, one tiny hand pressed against a window.
Prosecutors said Smith was having an affair with the wealthy son of the owner of the business she worked at. He ended the relationship because she had two young sons, and Smith chose this as her way to resolve the situation.
"She made a series of calculated decisions to get rid of those kids," Pope told Newsweek.
He continued, "Why didn't she give them to the husband? Why didn't she give them up for adoption, do something like that? Well, if you do that, you're a bad mother. But if the carjacker takes your kids, you're a victim. Which is more likely to get Prince Charming to come rushing back in to rescue you? I think she literally put that much thought into it."
What Happened?
Pope pursued the death penalty, turning the trial of the young mother into a national sensation and a significant moment in true crime history, despite the absence of cameras.
A judge, concerned about the effects of media coverage on the simultaneous O.J. Simpson murder trial, opted not to televise it. Ultimately, a jury convicted Smith but determined she did not deserve the death penalty.
Smith's lawyers said she was remorseful, suffering a mental breakdown and intended to die alongside her children but in a "botched suicide attempt" left the car at the last moment.
"If Susan had shown up at that house and said, 'I've tried to commit suicide. I panicked; my kids are in the car,' it would at least be more explainable, perhaps more believable," Pope said.
What's Next?
The parole board has scheduled Smith's hearing for November 20. Dantzler told Newsweek in South Carolina, inmates appear virtually before the parole board.
"I think the odds are she will not make it out this time," Pope said. "But that's the downside of life not meaning life: the victim's family, David Smith, will have to go through this again and again over the years if she doesn't make it this time."
In an interview with Court TV, David Smith said he "absolutely" plans to attend the parole hearing, adding, "I'm not sure if I'll write a formal statement—I may just speak from the heart. I want to remind them of what she did."
He admitted he struggles to remember his sons, stating while he has forgiven his ex-wife, it doesn't erase the fact she killed their children and deserves more than 30 years in prison for it.
"I've forgiven her, that goes to my faith in God and that's the way I was raised that we have to forgive but it still doesn't take away the act of what she did," David Smith said in the Court TV interview. "It doesn't make it any less, any easier."
He continued, "You have no idea of how much damage you have done to so many people. In my capabilities I am going to do everything in my power to make sure you stay behind bars."
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