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School Shooter Takes Case To High Court

LOUISVILLE, Ky. (AP) - Missy Jenkins Smith wheels up to her students, providing both counseling and a stark reminder of what happens when anger goes out of control.
Smith works with emotionally disturbed students in Murray in southwest Kentucky. The wheelchair Smith spends her days in is a
constant reminder that she was one of five students wounded and
three killed by her one-time classmate and friend, Michael Carneal, on Dec. 1, 1997, at Heath High School in Paducah.
"I'm sentenced for my life," Smith said. "I still have to deal with the consequences of his choice. He needs to deal with the consequences of his choice."
Now, the Kentucky Supreme Court will decide what consequences
Carneal will face.
The high court heard arguments Thursday about whether Carneal,
now 25, was too mentally ill to plead guilty in 1998, when he was 15. He was sentenced to life in prison with the possibility of parole after 25 years. A decision is expected in three to six months. The court could order a new competency hearing for Carneal, throw out his plea and sentence or uphold the conviction.
During oral arguments at the University of Louisville's Brandeis
School of Law, no one disputed Carneal's guilt. The central disagreement was over Carneal's competence in 1998 and if his claims that he was hearing voices at the time of the plea and didn't disclose them constitutes new evidence in the case.
Justice Mary Noble asked Assistant Attorney General David Smith
how Carneal's claims differ from sex abuse cases where a victim recalls details of the abuse years later. Smith said in sex abuse cases, it's a victim with little incentive coming forward having the recollection, not someone who has been convicted of a crime.
"It's human nature to remember things differently years later," Smith said. "In some cases, you have that incentive to remember things differently."
Noble posed a similar question to Carneal's attorney, David Harshaw, but noted she's also skeptical of Carneal's claim. Harshaw
said his client is a "full-blown schizophrenic" whose illness rendered him unable to disclose just how mentally ill he was at the time of the plea.
"The human mind is complicated," Harshaw said.
Missy Jenkins Smith, along with former classmate Kelly Hard-Alsip and Andrew Hadley and Christina Gooch, whose 14-year-old sister Nicole Hadley was killed in the attack, spoke briefly after the arguments. The family of 17-year-old Jessica James, attended the hearing, but left without speaking.
Smith, Hard-Alsip and Hadley's siblings said Carneal doesn't deserve another chance at freedom and that they don't believe he's
mentally ill.
"He's gotten quite a light sentence," said Hard-Alsip, who was shot by Carneal. "They should not listen to anything he has to say."
The case garnered national attention as one of the first mass school shootings in the United States.
It came just two months after an October 1, 1997 shooting, when
Luke Woodham killed three and injured seven in Pearl, Miss. Barely two years later - on April 20, 1999 - Eric Harris and Dylan Klebold shocked the nation with a paramilitary attack on Columbine High School in Colorado, where they killed 12 students, a teacher and themselves.
Smith considers the oral arguments just the latest chapter in her life since she suffered spinal shock after Carneal, a friend who she shared classes and conversations with, fired a bullet through her left shoulder and lung.
After the shooting, Smith spent months at a rehabilitation facility in Louisville, hours away from her classmates and family, trying to regain use of her legs. While she has some function in her legs, Smith still can't walk, but she went to college, got a degree, got married and has a 1-year-old son.
And she has forgiven Carneal, who killed Hadley, James and 15-year-old Kayce Steger, during the shooting spree.
"Hating Michael wouldn't bring Kayce, Jessica or Nicole back to life," she said. "Sure people were angry, but hatred is a wasted emotion. I'm not the one to judge or decide what should happen to
Michael. It's for God to do the judging."
Smith took the unusual step of visiting Carneal in prison last summer in an effort to understand why he shot his classmates. During the visit, Smith said, Carneal appeared to be the same person he was 11 years ago - funny, engaging and friendly.
The two talked about Carneal's problems, the voices he says he
heard at the time of the shootings and the help he's gotten since.
Smith didn't see the type of person who would bring guns to school
and hurt friends.
"He seemed to be doing well," Smith said. "I don't think that there's ever closure, but it's the closest I could ever get."
Now, Smith is using her meeting with Carneal, as well as letters he sent her from prison, to work with disturbed students. Her goal is to prevent the type of violence Carneal inflicted - the results of which she deals with even today.
"I share my experience with them. My wheelchair is a pretty strong visual of what violence can do," Smith said. "They connect with that. I help them understand the effects and consequences when they make terrible decisions."

(Copyright 2008 by The Associated Press. All Rights Reserved.)


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