We are all here together today to determine a suitable punishment for Perry Smith. On November 15, 1959, Mr. Smith, with the assistance of his accomplice, Richard Hickock, broke into the Clutter Family home and brutally murdered four of members of the family.
Mr. Smith and Mr. Hickock entered the Clutter residence in the hopes of accessing a safe containing a substantial sum of money. However, even following their pillaging of the residence, Mr. Smith and Mr. Hickock were unable to uncover said safe and money. Even following this discovery, the pair separated and began an unmotivated assault on the helpless members of the family. Smith bound and gagged the four Clutter family members: Herbert, Bonnie, and their children, Nancy and Kenyon. He then proceeded to systematically execute each individual, while Hickock stood by.
In accordance with Kansas state law, if one is not executed, the maximum sentence of imprisonment can be no more than fifteen years. If we were to sentence Mr. Smith to fifteen years in prison, we would be agreeing to the inevitable release of a murderer. A murderer of innocents. A murderer of children. Prison does not change men like Perry Smith. If Mr. Smith is freed, there will be a "next time." And that "next time," it could be you. It could be any of you, and your children.
Perry Smith has confessed to having qualms before he committed this heinous crime, yet he did it anyway. He HAD a choice, and he made a horrific one. He HAS a conscience, and he ignored it. This, gentlemen, is the most frightening of individuals: one who knows the impact of his actions, of taking lives, yet cannot stop himself.
If we agree to the eventual release of Mr. Smith, he will kill again, and when he kills again, we will all be complicit in a murder. If it is not you, it could be your neighbor. Could you feel safe with this man on the loose? Could you live with blood on your hands?