Defendant Seeks Release for 1994 Homicide as Youth

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On Jan. 29, Marcel Terry Smith, 47, appeared in Baltimore City Circuit Court to discuss a potential modification of his life sentence for the 1994 murder of Antoinette Wilson. The hearing, before Judge Alan C. Lazerow, focused on a post-conviction motion to suspend the original term of life all but 50 years.

In 1995, the jury found Smith guilty of first-degree murder, use of a handgun in the commission of a felony or crime of violence, and wearing, carrying and transporting a handgun on his person. The court sentenced him to life imprisonment for first-degree murder, and an additional ten years for the handgun offense, with the other handgun conviction merged for sentencing.

In the interim, the prosecution and defense reached an agreement under the Juvenile Restoration Act (JRA). The JRA, signed into Maryland law in 2021, bans courts from imposing a sentence of life imprisonment without the possibility of parole for minors under the age of 18.

At the time of the crime, Smith was 17 years old with prior juvenile charges for theft and possession with intent to distribute. Defense attorney Elizabeth Franzoso cited Smith’s immature brain development and troubled home life as factors in his poor decision-making.

Judge Lazerow acknowledged the defense’s argument, referencing the Supreme Court’s recognition that juveniles are entitled to special consideration.

The prosecution did not object to the characterization but acknowledged the presence of the victim’s family in the courtroom.

“A tragedy happened,” Smith said, in his apology to Wilson’s family. “I’m not that 17-year-old anymore,” and asked for consideration.

The victim’s family chose not to make a statement.

If the motion is granted, the Department of Corrections stated Smith’s release date would be Sept. 19, 2032. Judge Lazerow’s decision is expected later this week.