Cherokee County Woman Accused Of Killing Husband To Get New Trial

Sunday, September 17th 2006, 6:51 am
By: News On 6

OKLAHOMA CITY (AP) -- The Oklahoma Court of Criminal Appeals grants a new trial for a woman who was convicted of killing her husband.

The appeals court ruled Friday that Pearl Smith should get a new trial because her attorney didn't present a battered woman syndrome defense at her original trial.

A Cherokee County jury convicted Smith of second-degree murder in the June 2003 shooting death of her husband, Tom, at their home. She was sentenced to 28 years in prison.

When she was arrested, Smith said her husband began in the late 1980s shaking, hitting and pushing her, and twisting her arm behind her back.

An evidentiary hearing was held, and the district court said it was her lawyer's duty to hire an expert to examine her for battered woman syndrome.