The Ohio Parole Board has recommended against mercy for a condemned killer who says he intended to rape his girlfriend's 6-month-old daughter but not to kill her.
Attorneys for death row inmate Steven Smith say evidence shows the baby died because Smith was too drunk to realize his sexual assault was killing the child.
The Ohio Parole Board on Wednesday turned down Smith's request for clemency, which included the argument that a death sentence must involve an intent to kill.
Prosecutors call the 1998 death of Autumn Carter the purposeful murder of a helpless baby girl.
Gov. John Kasich gets the final word on the fate of the 46-year-old Smith, who is scheduled to die May 1.
April 2, 2013: Man Who Sexually Assaulted Baby Seeks Mercy - http://bit.ly/XD6UwV