Has A Whiteman Ever been Found Guilty...

“A Style Identical to None”

Level 3

Since: Apr 07

Location hidden

#116 Jul 16, 2007
Kennyinbmore wrote:
<quoted text>
A White man in Raleigh, NC, recently was put to death for RAPING and killing a Black cheerleader, becoming only the second White person executed for killing a Black person since the death penalty was reinstated in 1976.
Kermit Smith Jr. was the 259th person to be executed since the 1976 U.S. Supreme Court decision allowing states to resume using the death penalty.
Smith, 37, was convicted in the 1980 RAPE and murder of Whelette Collins,
Do you not see the word RAPE?
Kenny, though you have made your case, you are missing the what is stated in the second part of that sentence,...,becoming only the second White person executed for KILLING a Black person since the death penalty was reinstated in 1976.

Again, this gives room for the question, although he was CHARGED for the rape, was he convicted of rape? Your post pertaining to putting this crap to rest lacks sufficient evidence supporting this conviction.

“Real Black Men Speak English”

Level 4

Since: May 07

Bmore

#117 Jul 16, 2007
man alive wrote:
<quoted text>Kenny, though you have made your case, you are missing the what is stated in the second part of that sentence,...,becoming only the second White person executed for KILLING a Black person since the death penalty was reinstated in 1976.
Again, this gives room for the question, although he was CHARGED for the rape, was he convicted of rape? Your post pertaining to putting this crap to rest lacks sufficient evidence supporting this conviction.
It's pretty obvious you can't get executed for rape. That's not saying he wasn't convicted of rape as well. And you're right, it leaves open the possibility that there was no rape conviction, but I guess we don't know one way or the other although it does say

A White man in Raleigh, NC, recently was put to death for RAPING and killing a Black cheerleader.
crystalglass

Oceanside, CA

#118 Jul 16, 2007
1blkbaltimorefem wrote:
<quoted text>
Thank you so very much! You are always on point.
And I agree...we must learn to use to library.....I like to go and read old news clippings......I found in my city that papers have always characterized black ppl negtively.
Tho....Some ppl will not believe you even if you post facts....LOL! got to keep at it. Thanks for spreading the light
I'm at a point where I don't care what some people believe. You get to that stage where you just read over their comments and you no longer have enough interest to respond to any of their foolishness. They become repetitive bores, because you know what they will say on every topic. So you will find that I will just glaze over them, and keep on with the topic at hand.

I'm a firm believer in using the "Law Library." This is a place not frequented by many people who are not attorneys. So see if the "Law Library" has classes in your city. Even if you are not involved in a case at this time, it can be quite interesting.

As I stated earlier, I will look up the case at hand and report to you, all of my findings. Editorials don't make good news!
crystalglass

Oceanside, CA

#119 Jul 16, 2007
man alive wrote:
<quoted text>Kenny, though you have made your case, you are missing the what is stated in the second part of that sentence,...,becoming only the second White person executed for KILLING a Black person since the death penalty was reinstated in 1976.
Again, this gives room for the question, although he was CHARGED for the rape, was he convicted of rape? Your post pertaining to putting this crap to rest lacks sufficient evidence supporting this conviction.
Good one! You point creates a great case for the evidence missing. As I promised to you, I will research this case at the "Law Library" this week and give you my findings.

It's great to see there are some people who understand the topic.
crystalglass

United States

#121 Jul 18, 2007
CONTINUED...

Kermit Smith was originally charged with 1st degree murder, 1st degree rape, and armed robbery of Whelette Collins.

The charges were combined for the trial even though Kermit Smith objected to this. The jury found Kermit Smith guilty of first degree murder, second degree rape, and common law robbery. The trial court ordered the death penalty for the murder conviction in accordance with the jury's recommendation. The trial court also sentenced defendant to consecutive prison terms of forty years and ten years for Kermit Smith's convictions of rape and robbery.

CONTINUED...
crystalglass

United States

#122 Jul 18, 2007
WARNING: DON'T READ IF YOU ARE ULTRA SEN-SITIVE, I DON'T LIKE CRIMINAL LAW ANYMORE THAN THE NEXT PERSON.

CONTINUED...

Three black girls, Whelette Collins, Dawn Killen, and Yolanda Woods, were students and cheerleaders at Wesleyan College in Rocky Mount, NC in December 1980. In the early evening hours of Dec. 3, 1980, the girls cheered at a basketball game held in the college gymnasium. After the game was over, the girls left the gym and walked to Whelette Collins' automobile which was parked at a nearby campus lot. It was about 7:30 p.m.[The girls were still wearing their cheerleading uniforms.] The girls had just gotten into the car and were preparing to depart when Kermit Smith, a young white male, suddenly appeared at a window and asked for a ride to the highway. They told this stranger (Kermit Smith) they were not going in the direction of the highway and refused his request. Kermit Smith pulled out what appeared to be a pistol and demanded entrance into the vehicle. He then got into the car, in the back seat behind the driver and told the girls he was an escaped convict and needed a lift to his getaway car. He also told them they "at the wrong place at the wrong time." Whelette Collins then proceeded to drive where Kermit Smith directed, as he continued to hold the gun in his hand.

CONTINUED...
crystalglass

United States

#123 Jul 18, 2007
CONTINUED...

Later it was shown at the trial this pistol could not fire a bullet and was not a deadly weapon. It was a blank .22 or "toy" pistol, similar to that used to start races, with mud in its barrel. The pistol's true character was not obvious in the dark or to anyone who is unfamiliar with firearms.

They reached and stopped at the place where Kermit Smith's automobile was parked in some woods not far from campus. They had been driving around for a while in what seemed to be circles. Kermit Smith took the key to the Collins' car and asked the girls if they had any money. Dawn Killen and Yolanda Woods replied they did not have their handbags with them. Whelette Collins said she had "a little bit." Kermit Smith ordered the girls to get out of the car. Dawn and Yolanda got down on the ground and began to pray. While they were doing so, they overheard a discussion between Kermit Smith and Whelette about the money. Kermit Smith asked Whelette, "is that all?" because she only had $ 7.00. Kermit Smith then took the key to Whelette's car and told the girls to go to the other car. He explained that he was going to drive them to another location, about forty miles away, so he could have "plenty of time to get away" before the police were informed. Kermit Smith made Dawn and Yolanda get into the trunk of his car and, because there was not enough room for her there, told Whelette to lie face down on the back seat.

CONTINUED...
crystalglass

United States

#124 Jul 18, 2007
CONTINUED...

Kermit Smith then drove the girls to a quarry pit in a heavily wooded area next to the Roanoke River in Halifax County near Weldon, NC. They arrived at this place at approximately 9:30 p.m.

Kermit Smith told the girls they would have to wait in this deserted spot with him until "his friend" came with another car at 12:00 or 1:00. The girls were uncomfortable because it was extremely cold that night (below freezing). They were also very frightened because Kermit Smith kept telling them that "his friend" would kill them if he discovered that Kermit Smith "had taken them all hostage." Kermit Smith also warned the girls he might have to hurt them if they did not listen to him.

Kermit Smith forced Dawn and Yolanda to get back into the trunk of his car and shut it. He said he was going to show Whelette the way back to the highway. The girls in the trunk could hear Kermit Smith talking to Whelette. He was telling her that she was "very pretty," and he "couldn't tell whether she was black or white or Italian because she was very fair" and that "if they had met under different circumstances they might be friends or something like that." The girls in the trunk then heard a scuffle and a frightened scream. Whelette yelled out and started running away. Kermit Smith slammed the keys down on top of the trunk and said to its helpless occupants, "I'll be right back." Shortly thereafter, the two girls thought they heard the sounds of gunshots.

CONTINUED...
crystalglass

United States

#125 Jul 18, 2007
CONTINUED...

About an hour and a half later, Dawn and Yolanda heard someone crying. Whelette knocked on the trunk and asked her friends how they were. They said they were fine and asked Whelette if she "was all right." Whelette replied, "no, she wasn't all right." Whelette was still crying, and her friends "could hear the pain and everything in her voice." Whelette asked Kermit Smith, "why had he done this to her." He said, "you don't understand my motivation." Whelette then told Kermit Smith she was cold and asked him to get a blanket out of the trunk for her. Kermit Smith refused and told her the other girls needed the blanket to keep warm. Whelette complained, however, that "they have their clothes on and they have coats and I don't and I'm cold." Kermit Smith responded, "your friends would get upset if they saw you standing here without any clothes on." He then snickered and said to her, with a sadistic tone in his voice, "I can put you out of your misery." A while later, he told Whelette they would go back to where he had thrown her clothes.

For over an hour, Dawn and Yolanda heard nothing but "dreaded silence." Kermit Smith then returned to the car and opened the trunk. He was alone. The girls inquired as to Whelette's whereabouts. Kermit Smith told them she had stopped at the quarry to use the bathroom. They called for her but received no reply. Kermit Smith suggested one of them go with him to look for Whelette. Dawn and Yolanda refused to do so unless both went, and they stayed in the trunk.

About twenty minutes later, Kermit Smith permitted the girls to get out of the trunk. He was "shaking." He told the girls that none of this would have happened if they would have had some money, because he was cold and his family didn't have any money and didn't have any heat and he really needed (wanted) the money, so thinking he would realize it was around Christmas time, most college students have money to go home.

CONTINUED...
crystalglass

United States

#126 Jul 18, 2007
CONTINUED...

Dawn and Yolanda told Kermit Smith they had money back in Rocky Mount. Kermit Smith agreed to take them there to get it. The girls got in the car again, and Kermit Smith began to drive away. He did not drive in the direction of the highway. He drove them even deeper into the woods. When Kermit Smith stopped the car again, Yolanda and Dawn attacked him with a straight pin and a lug wrench, which they had concealed on their persons during their sojourn in the trunk. During the struggle, the girls noticed that Kermit Smith was wet, especially his pants. Kermit Smith told the girls that he was going to kill them. Yolanda, wrestled the gun from Kermit Smith's grasp and unsuccessfully tried to shoot him with it. The girls then ran away and hid in some nearby underbrush until daylight. At approximately 4:30 a.m. on Dec. 4 1980, they heard a splash as Kermit Smith threw something into the water." The girls did not see or hear their companion Whelette during this time.

At about 7:00 a.m., Dawn and Yolanda began to make their way out of the woods. When they reached the interstate highway, they flagged down a vehicle and law enforcement officials were soon contacted by 9:00 a.m. The girls gave the officers the gun they had taken from Kermit Smith and described the place where they had been restrained throughout the night.

The Sheriff arranged for the girls to be transported to the area of a gravel pit on the Roanoke River. The scene of the crimes was then located. Kermit Smith was attempting to leave the area when the officers and witnesses arrived. He was bloody, his clothes were wet, water was running off of his hair, and he was barefoot. Dawn and Yolanda identified him as their assailant on the spot, and he was quickly apprehended and arrested.

As soon as Kermit Smith was in custody, police officers began searching the woods for Whelette Collins. Many items of evidence were located, including the victim's clothes, Kermit Smith's wet and bloody underwear, and two cement blocks with blood, hair and skin on them. The nude body of Whelette Collins was recovered from a shallow pond. Her feet were jammed into a cement block.

An autopsy was performed very soon thereafter which revealed the following. Live sperm were in the deceased's vaginal area, there were numerous lacerations and bruises about her face and body, and several of her ribs were fractured. The victim's skull was severely fractured in several places due to the force of blunt trauma to her head. There were also scratches and scrapes on the back of the body which indicated it had been dragged on the ground. Autopsy determined that Whelette Collins died as a result of the head injuries she had received and not from drowning. There was no water in her lungs.

Kermit Smith was searched by police officers shortly after his arrest. Seven dollars in currency and a ring were retrieved from his person, which belonged to Whelette Collins. No money was found in her clothing. Kermit Smith was properly advised by the officers not to make any statement at that time. Despite these warnings Kermit Smith told them that "it won't even a real gun anyway. I was just trying to scare the girls. I think she was dead before I threw her in the pond anyway."
crystalglass

United States

#127 Jul 18, 2007
Kermit Smith appealed on several occasions and finally was put to death. I don't have the dates of his appeals.

“A Style Identical to None”

Level 3

Since: Apr 07

Location hidden

#128 Jul 18, 2007
crystalglass wrote:
Kermit Smith appealed on several occasions and finally was put to death. I don't have the dates of his appeals.
Crystalglass, thank you so much for your time and effort in research and posting. This is in my opinion TRULY valuable information. Just wanted you to know that you are appreciated :)
1blkbaltimorefem

United States

#129 Jul 18, 2007
crystalglass wrote:
Kermit Smith appealed on several occasions and finally was put to death. I don't have the dates of his appeals.
Awesome! please bump your law 101 post.
crystalglass

La Mesa, CA

#130 Jul 18, 2007
After I initially read the case file, I had to go for a long walk. I felt really sad, but even more uneasy about bringing this case in detail to all of you. Criminal law can be so horrible (like in this case), that it takes a while to shake it off. I still have cases I've read from years ago where I still remember the details; especially the cases where the victim is a child.

But thank you for your heartfelt thanks; and if there is anything else you need for me to research (and if I am able), let me know.

“Real Black Men Speak English”

Level 4

Since: May 07

Bmore

#131 Jul 19, 2007
crystalglass wrote:
CONTINUED...
Kermit Smith was originally charged with 1st degree murder, 1st degree rape, and armed robbery of Whelette Collins.
The charges were combined for the trial even though Kermit Smith objected to this. The jury found Kermit Smith guilty of first degree murder, second degree rape, and common law robbery. The trial court ordered the death penalty for the murder conviction in accordance with the jury's recommendation. The trial court also sentenced defendant to consecutive prison terms of forty years and ten years for Kermit Smith's convictions of rape and robbery.
CONTINUED...
Ahh a rape conviction huh?
crystalglass

San Diego, CA

#132 Jul 19, 2007
Kennyinbmore wrote:
<quoted text>
Ahh a rape conviction huh?
Yes. Second degree though. As I explained in the beginning of my research. So you have answered us with a resounding "YES."

So you have found a single conviction case in 500 years and it was a first degree rape/Class A Felon and all he got was a second degree conviction/Class C Felon.

500 Years.

“Real Black Men Speak English”

Level 4

Since: May 07

Bmore

#133 Jul 19, 2007
I love being right
crystalglass

San Diego, CA

#134 Jul 19, 2007
Kennyinbmore wrote:
I love being right
You're sick! What happened to that girl is no time for celebration. You're white a$$ is just as sick as Kermit Smith.

Still 1 in 500 years.

“MY EYES ARE OPEN”

Since: May 07

Land of the O's

#135 Jul 19, 2007
crystalglass wrote:
<quoted text>
You're sick! What happened to that girl is no time for celebration. You're white a$$ is just as sick as Kermit Smith.
Still 1 in 500 years.
I agree!
crystalglass

San Diego, CA

#136 Jul 19, 2007
1blkbaltimorefem wrote:
<quoted text>
I agree!
After I read this particular case, I went for a walk. Did you read the part where he apparently didn't know whether she was Black, white, or Italian? This case was really bad and the conviction really sorry! Should have been a Class A Felon.

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