Albany Times Union

Settlement in killer’s civil case

Lemuel Smith, 82, to be removed from restrictiv­e custody

- By Robert Gavin

ALBANY — Attorneys for Capital Region serial killer Lemuel Smith reached a settlement Friday with Attorney General Letitia James’ office to resolve Smith’s federal lawsuit alleging he has been unconstitu­tionally kept in solitary confinemen­t in New York prisons for nearly 40 years.

The parties agreed to the 11thhour settlement as Smith, 82, was headed to a jury trial in Rochester on Monday before Chief U.S. District Judge Elizabeth A. Wolford of the Western District of New York. As a result of the settlement, the trial was canceled.

The Times Union first reported Tuesday that Smith’s represente­d by attorneys Tracy Burnett and Jonathan R. Jeremias, were suing retired state Department of Correction­s and Community Supervisio­n commission­er Anthony Annucci and retired commission­ers Joseph Bellnier and James O’gorman, asking that Smith to be placed in less restrictiv­e surroundin­gs in prison. They said Smith is now immobile and uses a wheelchair, posing no threat within the prison system.

“We are very pleased with today’s resolution and have achieved Lemuel’s goal of being removed from restrictiv­e custody,” Burnett and Jeremias, partners with the Manhattan law firm of Mclaughlin & Stern, told the Times Union in a statement. “This determinat­ion is long overdue but thankfully gives some closure to the decades of injustice our client endured.”

The settlement will be finalized by March 8.

Smith, an Amsterdam native whose known violent crimes stretched from the Capital Region to Baltimore, slashed the throats of Robert Hedderman and Margaret Byron inside a religious store on Columbia Street in Albany on Thanksgivi­ng Eve in 1976. Smith would later be indicted for the kidnapping and stabbing murder of Joan Richburg at Colonie Cen

ter in December 1976 and knifing murder of Marilee Wilson in Schenectad­y in July 1977.

Smith was serving two 25 years to life sentences in Green Haven Correction­al Facility in Dutchess County when, in 1981, he overpowere­d and fatally strangled 31-year-old correction officer Donna Payant in a prison chaplain’s office. He wrapped her up in garbage bags and discarded her remains in a garbage drum that was later trucked to a landfill in the town of Amenia and found 20 hours later. That crime, for which Smith was to receive the death sentence before it was overturned, landed Smith a 15-year term in disciplina­ry segregatio­n, which was followed by his placement in administra­tive segregatio­n and then involuntar­y protective custody.

Smith’s attorneys argued that their client was being wrongly locked in his cell 23 hours a day,with little to no religious, social or educationa­l interactio­ns. They said while state regulation­s required Smith’s administra­tive segregatio­n be reviewed every 60 days, DOCCS officials continuous­ly rubber-stamped his denials without proper cause.

Neither James’ office nor DOCCS had an immediate comment on the settlement.

Assistant Attorney General Hillel Deutsch, who handled the matter for James, said in court filings that Smith had received regular, timely, and substantiv­e reviews, and was released from administra­tive segregatio­n when the consensus of security experts was that Smith was no longer a substantia­l risk to staff or other inmates.

 ?? Archive ?? Lemuel Warren Smith is shown during his interview in the unit for condemned persons at Green Haven State Prison.
Archive Lemuel Warren Smith is shown during his interview in the unit for condemned persons at Green Haven State Prison.

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