Woman Accused of Killing Sons Is ‘Like a 6-Year-Old,’ Lawyer Says

Susan Smith, charged with drowning her two young sons in a faked carjacking, is emotionally like a 6-year-old and not ready to be examined by state psychiatrists, her lawyer said in court Friday.

Prosecutor Thomas Pope wants a judge to order a psychiatric exam for Smith, 23, of Union, S.C., to determine if she is sane enough to stand trial on murder charges.

She is accused of drowning her sons Michael, 3, and Alex, 14 months. Police say she confessed to letting her car, with the boys strapped into their safety seats, roll into John D. Long Lake on Oct. 25.

The hearing was Smith’s first court appearance since her Nov. 3 arrest.

She never acknowledged her husband, David, or her family sitting in the courtroom, instead staring straight ahead or looking at her lawyer, David Bruck, and Circuit Judge John Hayes III.

Earlier, Smith’s parents and other relatives said in a statement that “our love for Susan is unconditional. We are by her side and will not forsake her.”

Bruck opposed Pope’s motion for a psychiatric examination, “and I can give you a three-word reason why . . . the death penalty.”

A psychiatric examination could be used as evidence to execute Smith if Pope seeks the death penalty and she is convicted, Bruck said.

“The law under which I am working does not let me roll the dice,” said Bruck, a death-penalty opponent.

“Susan is a lot like a 6-year-old child. She needs to be protected from the legal peril that is before her.”

Pope said he does not expect to decide until at least January whether he will seek the death penalty.

Pope said it was vital to have Smith examined quickly. “The closer to the time (of the drownings) the examination (occurs), the clearer indication the answers will give,” he said.

Hayes said he would rule within 10 days. He said he would also give Bruck extra time to decide whether to use an insanity plea or plead guilty but mentally ill.

For nine days Smith told the nation her sons were taken by a carjacker. Then she confessed, investigators said.

Since her arrest, she has been held at a women’s prison.