Eric Smith, convicted of murder as a child, released from prison | Forensic Files

last month 42 year old eric smith was released from prison after being locked up for 28 years 48 hours has been
following his case since 1993 when smith was then 13 years old and he killed four-year-old derrick roby in a
fit of rage on this week's show jim axelrod looks at the controversial decision to let him go free
we never forget our boy he was you know a wonderful child and we miss him terribly
[Applause] i wouldn't wish this on anyone for almost three decades doreen and dale
roby have lived with the anguish of that day in 1993. he says i love you mom and
he went hopping off the sidewalk when they learned their adored little boy had been lured into the woods
strangled and beaten with rocks if that wasn't horrific enough his killer was a red-headed freckle-faced child
eric smith was tried as an adult all rise and convicted of murdering derek roby so
you find the defendant guilty of murder in the second degree yes smith's sentence was nine years to life
takes a young man in custody but it would also be a life sentence for the robies once smith became eligible for
parole in 2002 they could decide that well now he's done his time and we're going to let him go
every two years smith was back before the board and the robies would have to relive their son's murder and fight to
make sure his killer's parole was denied it's not fair that we have to keep doing
this the news the robies had been dreading came after eric smith's 11th appearance
before the board when he was finally granted parole and as he told weny tv in 2009 he had
big plans for his future i want to you know get married raise a family pursue the american dream
about that talk john tunney who prosecuted smith's case says it's too early to know
if that'll happen at the end of the day still a little bit of a gamble oh no no it's a huge gamble
this parole decision is a high risk enterprise to be sure and jim joins us now in the studio jim
we were saying how you know we remember this story as do millions of americans um
now that eric smith is released where is he living that's first question well he's in queens new york uh about 200
miles from savona he had wanted actually to go back to savona live with his mother the community was like no no way
we're not having it can you imagine if you are the robies in your in the one store in town grocery store and look
who's behind you in line so the parole board agreed with the community's protest very vocal sense of not
happening so he's in queens do we know anything more about his plans now well you know he he hit the whole point of
the parole process when it finally when he was finally granted parole was hey look i'm a change guy i'm a changed man
um he says that he wants to go to college and counsel other bully children he even says he has a fiancee
somebody who wrote him talking about criminal justice who that relationship uh continued so he says
i'm a changed man and i want to help but again as john tony just said and as we get into
tomorrow night on 48 hours that's the question that underpins the entire enterprise when you think about
this is he can someone who did what he did be rehabilitated can they change yeah can
they change so so the robys as you point out um in that tease video fought really
really hard to keep eric smith behind bars he's now free how difficult has this decision been for them what are
they saying now because they went every time that that parole board was meeting they were there front and center vlad i
i got to tell you the the heroes if if we can use that word in a story that is obviously so tragic and
heartbreaking are the robies they are remarkable people and one thing they said was look this has been draining for
us every two years a letter would come at christmas time saying you have to he's about to be uh there's another
hearing and then they would have to relive it um and and sort of argue again why he should stay imagine the upheaval
so as they said to me and we'll get into tomorrow night there's this sense of look
we want this guy to be punished obviously he he's given us a life sentence but in a way they're free
they're free from having every two years to go to this parole hearing and represent their son
in a way and so the fact that they're wrestling that kind of of positivity out of this most harrowing of circumstance
is remarkably impressive yeah but wait just real quick i know we got to go but what what changed in the parole board's
mind i mean for every every year that he was up there they denied him parole and
then we'll get into this okay let me just say this the whole hour the undergirding the entire hour is this
question what's the point of criminal justice system is it to punish or is it to rehabilitate tomorrow night ten
o'clock nine eastern points i think that's the question many people ask themselves
i think that is the question that many people ask themselves when the crime occurred yes when we saw this face of
this little boy and we all started to ask ourselves like what is the point of what do we want the
outcome to be with this horrific crime there you know there's there's no good answer really really looking forward to
this one jim thank you very much appreciate it as always and you can see jim's report eric smith gambling on a
killer on your local cbs station and paramount plus tomorrow at 10 pm eastern you can also stream it right here on cbs
news wednesday night at eight eastern

Eric Smith was 13 when murdered a 4-year-old boy in a fit of rage. After 28 years behind bars – he’s been set free. But has he changed? "48 Hours" contributor Jim Axelrod previews "Eric Smith: Gambling on a Killer."

Brief Summary

Eric Smith is released after 28 years for murdering Derrick Roby, raising questions about rehabilitation and the impact on the victim's family.

Key points

The Robys' Ongoing Pain. Doreen and Dale Roby have endured years of anguish as they fought against Smith's parole.
Eric Smith's Release. After 28 years, Eric Smith is released from prison, raising questions about rehabilitation.

Episode highlights

Episode quotes

I wouldn't wish this on anyone.

Doreen and Dale Roby reflect on their anguish.

0:38WatchMar 18, 2022

Tension

65/ 100Some tension

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