‘The Hurt Never Goes Away,’ Says Victim’s Mother During Defendant’s Sentence Modification Hearing

On Nov. 16, a convicted homicide defendant had a motion of modification hearing before Baltimore City Circuit Court Judge Phillip S. Jackson

On June 19, 1995, Eric Charles Smith was convicted of first-degree murder, having a handgun in the use of committing a crime, and having a handgun on his person in connection to the murder of 19-year-old Gregory McGraw and 18-year-old Kevin Green. 

Smith’s defense attorney Nancy Forster asked the court to consider her client’s age at the time of incident. He was 16 when he was sent to an adult prison. She argued that no child should be in prison with dangerous adult men who could cause him harm.

While he’s been incarcerated Smith, now 44-years-old, has had no infractions and has maintained his innocence for the last 28 years. 

Forster asked that her client’s sentence be modified to life, suspending all but time served, claiming he will not present a danger to public safety. 

The prosecutor noted that there were three victim’s involved in the case. He claimed, a fight occurred between two people over “something ridiculous.” Two of the three victims died while on scene.

“The hurt never goes away but the healing can start today,” said one of the victim’s mothers during her impact statement. “I want [the defendant] to continue to do well.”

Judge Jackson will render a decision on Dec. 16 on whether to grant or deny the motion. 

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