New trial in stabbing death begins for Gary Smith

There are 12 comments on the Newsday story from Apr 30, 2008, titled New trial in stabbing death begins for Gary Smith. In it, Newsday reports that:

There is no question about Jean Ferdinando's screams as Gary Smith stabbed her to death with a steak knife at the end of a 911 call in March 2004, Smith's lawyer told jurors yesterday in Suffolk County Court.

Join the discussion below, or Read more at Newsday.

dead is dead

Rocky Point, NY

#1 Apr 30, 2008
Who cares how much he had to drink - that was his choice. If he was a man he'd save the taxpayers a lot of money and end his life. God forgives him but we can't live with him. He will spend the rest of his life in a cage. Death is better.
Eric

United States

#2 Apr 30, 2008
"Last year, a state appellate court reversed Smith's second-degree murder conviction, ruling that the judge in the case, Acting State Supreme Court Justice Michael Mullen, erred when he failed to instruct the jury to consider a defense of intoxication."

Since when is intoxication a defense? It's a mitigating circumstance! If anything, it should have been considered when determining the length of sentencing, not guilt! God, I love liberal judges! They're just destroying this country by letting people like this walk on technicalities!

"Now it's over. It's over. I ain't going back to jail."

Apparently he was sober enough to consider the consequences of violating the order of protection and knew what the result would be from the 9-1-1 call.
Sylvia

East Meadow, NY

#3 Apr 30, 2008
Dont you understand people...he was drunk the poor thing he DIDNT know what he was doing and it was only another FEMALE that died....thrown him in a pit, pour the gasoline and light the match...end of story
BOBBY

Christmas, FL

#4 Apr 30, 2008
Sylvia wrote:
Dont you understand people...he was drunk the poor thing he DIDNT know what he was doing and it was only another FEMALE that died....thrown him in a pit, pour the gasoline and light the match...end of story
sylvia you a lesbo , thats a strong post.
Cheese S K Ryest

Elmhurst, NY

#5 Apr 30, 2008
"A defense of intoxication?"

Does this mean that if I get wasted and THEN kill someone I get a reduced sentence?

Is this a great country or what?!
Greg

Pittsburgh, PA

#6 Apr 30, 2008
Our legal system is a complete joke. How can there even be a plea of intoxication? By that argument, every DWI murder that occurs on our streets is just an accident since they "don't know what they are doing". When are people going to be held accountable for their own actions? I assume nobody forced him to get drunk.
Why are we wasting our tax dollars re trying an unemployed 50 yr old electrician who lives in a halfway house? Is keeping him in prison for 25 years for a murder even his attorneys don't argue he did not commit really a bad thing? Did he stab the lady? Yes. Is she dead? Yes. 25 to life, now lets move on.
Southbound

Overland Park, KS

#7 Apr 30, 2008
Accepting this defense is going to make prosecuting DWI cases harder, isn't it? "Your honor, I was so drunk that I forgot that I wasn't supposed to be driving."
former New Yoker

Upper Marlboro, MD

#8 Apr 30, 2008
Cheese S K Ryest wrote:
"A defense of intoxication?"
Does this mean that if I get wasted and THEN kill someone I get a reduced sentence?
Is this a great country or what?!
Or, kill someone THEN get drunk before you call the cops. They won't know if you were drunk before or after!
HERE I AM

New Hyde Park, NY

#9 Apr 30, 2008
He was so drunk that after he killed her , he yelled,"I aint going back to jail", he must have known he did wrong,that he didn't want to go back to jail, lock this piece of trash up and throw away the key
Supporter

Brooklyn, NY

#10 Apr 30, 2008
Its absolutely disgusting that this man is even receiving a moment more of the courts time and our money. He's a disgusting murder and should be found as one. Drunken slob or not! He's disgusting. He knew exactly what he was doing. He needs to pay!
Battered young woman

Brooklyn, NY

#11 Apr 30, 2008
Maybe instead of wasting money on a murderers SECOND Trial we should be supporting the thousands of children on Long Island (just like 20 year old Jean Ferdinando) who need our help to be safe within their own families! This man is a waste of space!
Stone him

Rocky Point, NY

#12 May 1, 2008
In the good old days when someone committed a capital crime the whole village came out and listened to him try to explain his way out of it. If he was sucessful everyone went home. If he was unsucessful... EVERYONE picked up a rock and threw it at him until he stopped moving. Then one good citizen came forward with a real big rock and dropped it on his head - just to make sure the job was done. If the whole village doesn't want you alive - it is time for you to go. Bring back laws that make sense!

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