A sentencing hearing has been scheduled for January that could bring to a conclusion a Hopkinsville murder case dating back 13 years.
Tremel Smith was convicted in 2016 for the 2011 murder of Susan James and was sentenced to life in prison without parole.
In 2017, the Kentucky Supreme Court upheld the conviction but ruled against its sentencing and penalty phases based on two factors in the jury instructions that were made clear in a 13-page ruling.
In a Wednesday session of Christian County Circuit Court, Judge John Atkins told Commonwealth’s Attorney Maureen Leamy and defense attorney Maureen Sullivan that they needed to meet and decide how a sentencing phase would be handled.
click to download audioJudge Atkins set the sentencing hearing for Smith for January 27 and 28, adding the attorneys also need to decide how much of the case will be presented again to a jury or could be watched on video.
click to download audioLeamy had previously told the court she had been in contact with the family of the victim and felt the new sentence would be accepted.
James’ body was discovered on March 1, 2011, partially clothed, with a plastic bag over her head. The cause of death was determined to be a combination of blunt force trauma and asphyxiation. Demondo Pettigrew, Smith’s roommate, told police he saw the assailant load what was later determined to be the victim’s lifeless body into an SUV.
The Supreme Court ruled the Commonwealth did not meet the burden necessary for the sentencing in that there was no evidence of a “murder-for-profit” aggravator. The Supreme Court’s document also noted the case began with the seeking of a death penalty, but its exclusion was granted after it was revealed Smith had an IQ score of 67.
Smith is currently in West Liberty’s Eastern Kentucky Correctional Complex. His next court date is December 4.
