Convicted Murderer Attempts to Modify Sentence in 1995 Case

By Massiel Morales [former] - July 28, 2022
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

On June 19, before Baltimore City Circuit Court Judge Myshala Middleton, the defendant’s defense attorney Elizabeth Franzoso filed for a supplemental petition. 

The prosecutor conceded that counsel was ineffective for failing to file the modification of sentence and the remedy would be for Marcal Terry Smith to file the motion orally. 

Smith, 45, was convicted of first-degree murder, use of a handgun in the commission of a crime of violence, and wearing, carrying, and transporting a handgun on his person in 1995.

Defense counsel Elizabeth Franzoso motioned for one post-conviction to be dismissed and the remaining post-conviction to be kept under consideration. Franzoso argued that if counsel came to a compromise, everything would be dropped, and the case would be closed. In addition, another lawsuit based on the same grounds couldn’t be filed. 

The defense will not withdraw claims without an agreement in place, she said.  

The modification would reduce his term for first-degree murder from life to life suspending all but 50 years in prison with 5 years on probation. Smith cannot have any contact with the Wilson Family.

Judge Middleton said the defendant could not file the motion orally but that a signed consent agreement is needed. In addition, the agreement has to be consulted with Judge Videtta A. Brown who was the previous judge in the case. 

According to court documents, the crime took place in 1994 in which the victim, Antoinette Wilson, was shot five times and afterward declared dead at the hospital. 

Homicide detectives interviewed witnesses who identified Smith from a photographic array as the shooter. Smith requested an attorney after being charged due to his inconsistent alibis that proved to be inaccurate. 

The next hearing is scheduled for Sept. 26.