Neither Truth nor Victory

Sentenced to death for the brutal murder of a 15 year-old New Jersey girl, the cocky young high school dropout stubbornly refused to admit any guilt. During 14 years on death row, a record in U.S. penal history, he argued his innocence in court appeals and a remarkably well-written book (Brief Against Death). Last week Edgar Smith, now 37, became a free man. His release did not mean that he had been pardoned or acquitted; instead, he made a carefully rehearsed public confession. The extraordinary exercise in plea bargaining not only obscured the truth but also soured his victory.

Coerced Statement. Armed with a high IQ (154), Smith used his cell time to take college correspondence courses and study law. Over the years he lodged 19 appeals to federal and state courts while delaying execution dates. Public interest in his case mounted, and National Review Editor William Buckley became a friend and patron.

This May, after Washington, D.C., Attorney Steven Umin persuaded the Supreme Court that Smith was entitled to a lower court hearing, a federal judge finally overturned the original conviction. He found that an incriminating statement made by Smith had been coerced "by the totality of the circumstances" surrounding the police interrogation. New Jersey was told either to hold a new trial or let Smith go.

Neither side, as it turned out, wanted to go through a second trial, though the prosecution still had damaging physical evidence with which to bolster a charge of homicide, and Smith never denied being with the victim shortly before she died. He claimed that she was alive when he left her with another man. But proving first degree, premeditated murder at this stage seemed unlikely. Also, a psychiatric report and Smith's own behavior in jail had established that he was thoroughly rehabilitated.

As for Smith, his funds from book royalties were running low. Further, his former wife is remarried and has never told his daughter about him; he did not want to involve them in any way. Finally, he wanted his freedom as soon as possible. With pretrial motions and delays, his imprisonment seemed likely to stretch on even if he eventually won acquittal. He decided to make a deal.

Theater v. Justice. For days he was shuttled between his cell in Trenton and a Hackensack courthouse. There he kibitzed idly with guards while three floors above the lawyers worked out the details with Prosecutor Edward Fitz-patrick and Judge Morris Pashman. A detailed scenario was agreed upon, and last week in court Smith went through the routine. Though normally a man of closely guarded emotions, he became flushed and strained during the judge's questioning. Did he murder Victoria Zielinski? "I did," he said in a voice so low that spectators had to strain to hear. Was anyone else involved? "No." After dozens of other questions nailed down details, the case was closed. "I'm satisfied beyond any question, beyond any doubt," said Judge Pashman in accepting a plea of no defense to second-degree murder. The sentence was a maximum of 30 years. With time off for good behavior, that left Smith with a balance of a little more than four years during which he will be on probation.

"What you saw wasn't justice, it was theater," said Smith later. "It was something I had to do to gain my freedom." Though he will not directly deny his courtroom admission --presumably out of fear of affecting his probation--his implied recantation leaves the truth of what happened in 1957 as murky as ever.

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