00:00:00
foreign he was convicted of a monstrous act Eric Smith has served 28 years for the
00:00:18
killing of four-year-old Derrick Roby in 1993. we never forget our boy she was you know a wonderful child and
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we miss him terribly [Music] happy birthday to you yeah a lot of people don't know the full
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gamma of what we go through and nor should they right I I wouldn't wish this on anyone it's the first time
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I've ever let him go anywhere alone and it was one block down the same side of the street
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[Music] when you have a family member that has been murdered [Music] every time that inmate is up for parole
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you relive I think what happened there are clearly people who make choices which reflect
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Pure Evil in my view this heads the list the events of that morning of August 2nd 1993. right
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through the woods you gave me a kiss and I said I love you he says I love you Mom
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and he went hopping off the sidewalk at some point during the midday I learned that my child was missing in the
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village of Savona and consequently a search for Derek began late in the afternoon
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the body of Derek Roby was found it was just a brutal brutal killing I've lost my boy
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you know we've lost him he's gone her Instinct was to believe the killer was some adult evil person
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[Music] and it's another kid what do you think do you find a defendant guilty of murder
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in the second degree yes stay at unanimous yes Eric Smith was sentenced to nine years to life in
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prison first time before the parole board denied we knew the first one was coming
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but then after that we got to do this every two years for them every two years must have felt
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like every 10 minutes second time for the panel denied it upsets me the fact that we have to
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beg to keep this killer Behind Bars and you foresee the day when you would say I
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don't care within that he might or not we'll take this pain to our grave 2006 parole denied 2008 parole denied
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you can label me a monster a cold-blooded killer a demon child Satan incarnate 2010 parole denied 2012 denied
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I don't care what the name would give me doesn't mean that that's a lion 2014 2016 2018 denied denied denied
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I can live in society and function as any other normal individual ooh that last sentence was a chilling
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one another normal individual boy is that a reach parole granted Eric Smith who gained
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national attention almost three decades ago for killing a four-year-old has been
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set free in Savona there's one small grocery store on the Main Street and all I could imagine was Doreen Roby
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standing in line at the checkout line and looking behind her and seeing the person who killed her son
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[Music] foreign [Music] Eric Smith who at age 13 murdered a child is now free he's out on parole here in Queens New
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York Smith insists he's a changed man deserving of Freedom that he has a plan for a fresh start even a fiancee but
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others worry Eric Smith is still a flat out threat Dale and Doreen Roby feared this day would come our Story begins
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with them then rather cover the case for 48 hours when it first broke Atta girl go let's
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go in the summer of 1993 Derrick Roby and his family lived just down the street from this park
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it was and still is the social center of the small town of Savona New York [Applause]
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so Roby coached t-ball [Music] it was his son Derek's favorite game thank God this one's for you Mommy
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good job Derek was all boy all the time you know he was going to get me home around them
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he usually did he loved it Derek also attended a recreation program here at the park and Doreen Robin always
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watched as her son made the short trip but one August morning Derek's baby brother was crying and Doreen Ruby had
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her hands full Dalton was very fussy that morning and Derek says okay Mom I'll I'll go by myself
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you know it's no problem the kids are probably going down the street Derek was nearly five and knew the route
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very well so Doreen Roby allowed him to walk by himself she packed his lunch and off he went he
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gave me a kiss and I said I love you he says I love you Mom so he has a block only a block to go no
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streets to cross no it was a dead end Street it's the first time I've ever let him go
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anywhere alone a short time later as storm clouds moved in Dory felt something close to panic I
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had awful feelings it began to cool and Doreen Robey had an overwhelming sense that something was wrong
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and I swear that that was the moment he died you believe that you know I I think that he was letting
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me know Derek is very close to us if there was any way he could tell us he was leaving
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he would have tried Lorraine raced to the park to pick up Derek she was told that he had never
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arrived nearly five hours later Searchers found Derek's body in a small patch of woods
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just a few yards from the park and a few hundred yards from his own front door Derek had been choked and beaten to
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death with rocks neighbors placed a cross at the scene the biggest thing I remember was
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that go ahead when you told your dad that he wouldn't be able to do the things that he did with you
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keep Reeling I got Derek's first big fish yay the streets of Savona were empty as
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worried parents kept their children inside the immediate assumption was that Derrick roby's killer was a stranger
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from out of town that's what Eric Smith's grandfather believed this terrible thing was done I
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think everybody including myself that was an adult and how could anybody do such a terrible
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terrible thing yeah yeah Eric Smith grew up just across town okay Eric let me see your stuff and
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like to spend time with his grandparents red and Edie Wilson he always come in and give us
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hugs and kisses hi hi he loved being a Clowney like clowning around he definitely wanted to be paid attention
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to him yeah but Eric's bright red hair and freckles made him a Target at school for years and as a teenager he was seen
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peddling around town for hours on end alone [Music] why did he do it do it I don't know why he did it I asked
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him why he did it his words almost from vagamore I don't know I just saw this kid this blonde kid and I wanted to hurt
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him [Music] foreign [Music] it's hard to comprehend somebody doing what Eric Smith did
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on August 2nd 1993 the body of Derrick Roby was found in a small patch of wood midway between the park where he was
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headed and his home [Music] he chose to end Derrick roby's life and he chose to do it in a way
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that was much more than just killing prosecutor John Tunney vividly remembers the crime scene and the brutality of the
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murder he could have simply killed there but he chose not to Simply kill Derek directly behind us is the scene where
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the homicide occurred Charles wood was lead investigator the evidence showed that Derek was lured
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from the sidewalk and strangled the Killer's identity was then still unknown then he discovered and dug up one very
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large Rock and one smaller rock and he battered uh Derek with those rocks he went into Derek's lunch bag and he
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smashed a banana and took Derek's Kool-Aid and he actually poured that Kool-Aid into the wounds that had been
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made by the large rocks and he sodomized Eric with a small stick that he had found
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lastly the killer arranged Derek's body the left sneaker had been removed and was lying near Derek's right hand and
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his right sneaker had been removed and was laying near Derek's left hand it almost looked like the body had been
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posed in that position Eric continued to deal with Derek's body because he wanted to because
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he chose to and most frighteningly because he enjoyed it the word enjoy so disturbing in this
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context would come up again and again in the course of the investigation the very first time was four days after
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the murder when Eric Smith walked into the police command center to see if he could be of help in solving the crime
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totally enjoyed it totally enjoyed it didn't want it to end this is John hitch he and other
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investigators repeatedly talked with Eric Smith and had no idea the killer was sitting right in front of them I
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mean he's looking right at me he's you know he's kind of hunched over a little bit and he's very very upbeat very happy
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uh he likes the fact that he's being talked to at first Eric denied seeing Derek Roby
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but then he abruptly changed the story she was right across the street from the open field and that's where I saw Derek
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and when he saw daddy about knocked me off the chair he's putting them right on top of the
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crime scene you just got to walk across an open field and you're at the scene where the
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murder was so we asked him well what was he wearing and he went on he said he had a white
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T-shirt on and he had this lunch bag in his hand well can you tell me about the lunch bag that he said it was kind of
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cool really investigators pushed Eric to pinpoint where he last sawed Eric and that's when he got he started to get
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emotional his voice started cracking uh he put his head down and he brings his fist up and his fists were vibrating a
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little bit and he goes you think I killed him don't you myself and the other two investigators
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are just like wow Eric has to take a break and his father brought him a glass of Kool-Aid
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just as we get back into it again about where he'd seen Derek again he grabs a red Kool-Aid and just throws it on the
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ground now we all knew that Derek the boy that was killed had red Kool-Aid spilled all
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over him you know I'm thinking that you know this kid's seen something that's very very
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traumatic and there's a block in there and I can't get around it the next day investigators asked Eric to
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get his bike and show them where he was when he saw Derek Robin okay why don't you go up here investigator wood was
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there and as you can see from this police videotape Eric looks calm as can be during the reenactment I would have to
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say he enjoyed it he was having a good time but it quickly became obvious that Eric
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could not have seen all that he described from the distance he claimed to be it was a discrepancy and Eric's
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Story red Wilson Eric's grandfather says the family knew Eric was hiding something in no way did we feel
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that he had done it we felt it he knew something maybe somebody had threatened him
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that's why he wouldn't tell [Music] five days after he was killed Derrick Roby was buried in his baseball uniform
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[Music] just two days later his killer confessed I was there my grandson confessed
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it was it was terrible family members sat Eric down and begged him to tell what he knew
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the truth was more terrible than they ever imagined and he just said what I'm sorry Mom I'm sorry
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I killed that little boy still hard to believe [Music] the question is you know to me
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why how how could take a life a little more All Rise a year after Eric's confession
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the question remains what could possibly compel this child to kill another does he know what he's done does he know it's
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wrong a stricken Community is looking to this courtroom for an answer the evidence that you're going to hear in
00:17:04
this case is going to be horrible will the trial of Eric Smith put an end to the mystery that began on August 2nd
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1993 the last day of Derrick roby's short life [Music] foreign [Music] County court is now in session The
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Honorable battle G purple Jr presiding the trial of the people versus Eric Smith is finally underway
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all right this is about that tall you weighed 40 pounds prosecuting attorney John Tunney He Lives four years
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and 10 months and that person killed him Eric Smith choked and battered the young life out
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of Derek Roby [Music] in New York State murder is the one crime for which a 13 year old can be
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tried in adult Court you're a father of five that's correct you must have thought about that must think about it
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in the context of trying a 13 year old son of another family yes but you know where I first thought
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of it was when I looked at four-year-old Derek Roby the face of every one of my five
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children was superimposed on that child's body at the heart of this trial The Haunting
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question why did Eric kill the fact is that Eric chose to do something horrible defense attorney
00:19:03
Kevin Bradley says there was no choice Eric Smith suffers from a very serious mental disease
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to pick this up and throw this down on a little boy's head does that suggests calm deliberate
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action a plan you're going to hear testimony by people that say Eric just seemed like a normal
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child and then the rage explodes it does not diminish the fact that he understood
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what he was doing Tony says it's murder plain and simple Eric analyzed and chose to do it
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to help him with his case Tony will be calling on Derek's parents Dale and Doreen Roby
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she has to personalize the tragedy the loss the terror to bring Derek Roby the person into that courtroom
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describe Derek um he was my cute little firecracker but bringing Derek Roby into the courtroom
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he was my little t-ball player a very good athlete he is not going to be easy how did he get along with interact with
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people objection Derek participated in the in the recreation program what was he participating in I'm gonna object
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again at this point the judge agrees and Doreen is not permitted to say much at all about Derek mommy kiss I wish I
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would have gotten a chance to talk about Derek a little more yeah it really wasn't fair that I didn't get to
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tell them what kind of kid he was it's time for the defense to present its case Bradley Begins by calling on two people
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who know more about Eric than anyone else his mother Tammy Smith and his stepfather Ted Smith County court is now
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reconvened the jury heard that as a toddler Eric threw temper tantrums and banged his head on the floor
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he had speech problems was held back in school and relentlessly bullied he would say things like I'm stupid I'm
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nobody I'm you know I'm never gonna be anybody that kind of stuff I remember him coming up to me in the kitchen he
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was really upset and he was crunching his fists and shaking and told me that he said Dad I need help I feel like I
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want to hurt somebody and he said yes I do I want to hurt something at one point he turned and told me that
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he he did it I asked him why he just kept saying I don't know I don't know and he cried
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defense psychiatrist Dr Stephen Herman diagnosed Eric with intermittent explosive disorder uncontrollable rage
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people who have this disorder describe feeling as if they're about to explode after the episodic rage the child may
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appear to be quote normal an expert for the prosecution disagreed with Dr Herman's diagnosis it's a rare
00:22:07
disorder uh rarely seen at the age that Eric is and Specialists from both sides subjected Eric to extensive medical
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testing they examined brain function hormone levels and found nothing to explain his
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violent Behavior because of the sexual nature of his crime the question of whether Eric was
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abused was repeatedly raised at trial but repeatedly denied did he indicate to you generally and
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consistently that he had not been either physically or sexually abused yes he has
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always indicated that however there was testimony that Eric's older sister Stacy
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hebner was sexually abused by their stepfather me I'd want to know if he was molested
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there had been something bothering him still there was absolutely no evidence that Ted Smith or anyone else sexually
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abused Eric are there issues are there problems sure but it does not regularly produce
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killers did he know what he was doing did he know when he was strangling Derek that
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he was strangling a child and if he knew that what he was doing was wrong that he shouldn't have been
00:23:27
doing it then he can have every psychological psychiatric problem in the world and he's still responsible for what he
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did under the law under the law but what does the jury believe thinks they have a verdict
00:23:50
foreign County court is now reconvened so you find a defendant guilty of murder in the second degree yes is that
00:24:06
unanimous yes Eric's parents Ted and Tammy Smith were devastated convinced their child was
00:24:13
sick thank the young man in custody he would be sentenced to the maximum nine years to life in prison
00:24:21
the murdered boy's parents Dale and Doreen Roby cried with relief not knowing that they were being sentenced
00:24:29
too the robies they're serving a life sentence every time that inmate is up for parole
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they relive it so it's just a nightmare for them it really felt like it you know at a
00:24:43
certain point why do we have to wasn't the crime enough thank you foreign was there a sense now we can get on with
00:25:17
our lives you hear the nine years to life and I think back then everybody was focusing
00:25:24
on the life side of it Dale and Doreen Roby were relieved that the boy who murdered their beloved Son
00:25:32
was locked away we were still trying to get over our loss then I think we almost got settled in
00:25:42
for a year or two then it hit us what hit them was the harsh reality that Derek's killer would one day be eligible
00:25:51
for release Eric Smith's first parole hearing was in 2002. they could decide that well
00:26:00
now he's done his time and we're going to let him go scares the hell out of me the robies
00:26:08
weren't allowed inside the closed-door hearing so they wrote letters and made Home Videos
00:26:14
to remind the board about their come on Derek run devastating loss it upsets me the fact that we have to beg to keep
00:26:22
this killer Behind Bars Smith's parole was denied but two years later he was back before the board
00:26:30
hi my name is Eric Schmitz you first met me 11 years ago in 2004 Smith was 24 years old
00:26:39
this is a statement he read for our 48 Hours cameras I know my actions have caused a terrible loss in the Robi
00:26:45
family and for that I'm truly sorry I think that Eric's math was incredibly troubled
00:26:54
and I think that he was a dangerous young man Joni Johnston is a clinical forensic psychologist for more than 20
00:27:02
years she's been evaluating inmates who are up for parole when we're looking at a very inexact
00:27:10
science if you will trying to predict whether somebody is dangerous it's like balancing a scale are we willing to take
00:27:16
a risk Johnston has never met Eric Smith but we asked her to look at his case I don't
00:27:24
see Eric Smith at all as a kid who snapped I see him as a kid who escalated from herding animals starting at around
00:27:35
age 11 and who eventually progressed to hurting a child [Music] she also read transcripts of his parole
00:27:44
hearings 2004 was really the most frightening this is somebody who goes into a tremendous amount of detail in terms of
00:27:55
what he did back then John Tunney shared some of what Smith told the parole board
00:28:01
question you convinced him to go to this field what did you do next answer put my
00:28:07
hands around him and strangled him all these years later Eric Smith's words are still chilling when you were doing
00:28:16
that was that something that gave you a good feeling answer at the moment it did yes probably the
00:28:24
most significant and frightening thing is this is the kid where the narrative seems to have been this kind of Rage or
00:28:30
this person's inability to control his anger and yet the emotion he expresses is pleasure or enjoyment question why do
00:28:40
you think that was answer because of instead of me being hurt I was hurting somebody else
00:28:51
growing up I was always picked on disrespected made fun of Eric was tired of being the victim in
00:29:00
his mind and he wanted to see what it felt like to be the victimizer there's a question Mr Smith if you had
00:29:08
not admitted to someone that you had done this do you think it would have been a fair statement to say that you
00:29:13
probably would have done it again answer yes that confirmed Tony's belief that Smith
00:29:22
at 13 was a budding serial killer I was afraid then and frankly as I sit here now I think that Eric Smith may
00:29:34
very well have done it again because it was such a positive experience for him it made him feel good he got a lot out
00:29:42
of it had he not been identified he wouldn't have paid a price the parole board's decision in 2004 was
00:29:52
no surprise but for the robies there was always another hearing looming must have
00:29:59
felt like a weight hanging right over your head yes there's all of these really happy times that are supposed to
00:30:07
happen throughout your life but there's always that we always got a letter about
00:30:11
three or four months prior to that ours always fell around Christmas okay you know here putting the Christmas tree
00:30:21
up and we're reading this letter that here we go again it just made me angry it's understandable that you know they
00:30:30
would never want me to be out in society this is Eric Smith in 2009 just months before his fifth parole
00:30:37
hearing my anger wasn't directed at Derek at all it was directed at all the other guys who used to pick on it
00:30:44
and when I was torturing and killing there that was what I saw on my head Smith almost 30
00:30:55
was interviewed by w-eny TV as he prepared to face the board the only thing that I can say to him is
00:31:04
I'm not the same person he's not a day that goes by in some way shape or form that I'm like
00:31:11
forced to remember what I did I'm automatically thinking I killed Derek and the pain that I caused stay on the
00:31:18
door to me Glory [Music] the problem is how sincere is it versus how contrived or calculated it is I
00:31:29
certainly can't tell as I sit here you can't no for us to have any real hope he has
00:31:34
to be accurate when he says you know I'm different I'm self-aware and I have every reason in the world
00:31:43
to behave it's not a question does he believe it right is it true is it accurate exactly
00:31:52
I did Kill Derek and for that you know I am sorry and there's nothing I can do to
00:31:59
bring them back I mean if I can switch places with them and take the grave for him to live I'd do it in a second
00:32:03
remorse is important for sure Joni Johnston also wants to know if it's the truth but cautions that expressions of
00:32:12
remorse set a parole hearing can be difficult to judge is it genuine remorse let me tell you
00:32:19
there is no psychological test there is no face there is no behavioral indicator of remorse we don't really
00:32:27
know if this remorse is real the parole board in 2010 turned him down again but as the years passed Johnston says
00:32:38
Smith seemed to be changing you're starting to see some compassion from him for other people
00:32:45
so I'm seeing a little bit of Hope from him is Eric Smith growing or is he simply refining his
00:32:55
message I think both certainly parole boards have to always separate that out which is why they're
00:33:02
not just relying on what this inmate is saying in the parole hearing thank the lord they're going to be
00:33:09
looking at all this person's history what is this person done or not done in the two years since he's been here
00:33:17
they're looking at the parole interview as one piece of that puzzle but for the robies Decades of endless
00:33:26
parole hearings have taken a toll it's not fair that we have to keep doing this did you ever lose the energy to keep
00:33:36
going with this I I can't anymore yeah I mean he would say but we're doing it for
00:33:43
him in his memory and I'm like you're right and I know that some people probably
00:33:49
think geez you should just get over this and and move on but any parent that has ever lost a child
00:33:58
knows that you don't ever get over it on October 5th 2021 41 year old Eric Smith went before the parole board for
00:34:10
the 11th time you have somebody who's completed a ton of programs he's got some more
00:34:17
educational goals his risk is low according to risk assessment that have been done
00:34:23
Smith even told them he was engaged he says his fiance was studying to be a lawyer and wrote him asking about the
00:34:32
juvenile justice system over time he says they ended up falling in love Eric Smith at 13 is not the same person
00:34:44
that he is at 31. or at 41. he has changed we all changed you kind of go what else can he do
00:34:52
to prove that he is no longer a danger to society now where the point where it becomes is this about punishment or
00:34:59
about rehabilitation breaking news the Savona man who killed a four-year-old boy in 1993 has been
00:35:06
granted parole Dale was at work when he heard the news he'd been dreading for so
00:35:11
many years and call Doreen we found each other on the porch and gave each other a hug
00:35:20
I have some sympathy for the people who are called upon to make that decision and that's why I have such hope that
00:35:30
they're right at the end of the day still a little bit of a gamble oh no no it's a huge gamble this parole decision
00:35:37
is a high risk Enterprise to be sure thank you foreign do you think Eric Smith has changed go
00:35:50
back to the beginning and review the case at 48hours.com [Music] we are here as a community to stand
00:36:10
together for justice for daring Roby and Dale on Dorian Robie weeks after Eric Smith was granted
00:36:17
parole dozens gathered in Savona to peacefully protest his release they wanted to remember Derek
00:36:25
because all the attention was now on Eric being released so they didn't want people to forget it was
00:36:33
very touching many in Savona feared Smith wanted to move back to live with his mother
00:36:41
I wasn't so much worried about us as I was everybody else I just knew where a lot of the people in town the
00:36:49
village stood yeah we don't want a mirror they better not send him here and the parole board agreed Smith's release
00:36:57
was delayed for months until approved housing was found for him in Queens New York more than 200 miles away from
00:37:05
Savona this is breaking news from news 8. Eric Smith who's been behind bars for nearly three decades is no longer in
00:37:13
prison and then on February 1st 2022 after being locked up for 28 years Eric Smith quietly slipped out of Woodburn
00:37:23
Correctional Facility out of view of cameras a free man I understand why after so
00:37:30
many years they decided to give him a chance and that's fine you know for him and his family
00:37:40
it would begin a new chapter for the robies who had fought for so long to keep Smith in prison
00:37:47
you know he's been released but in a way so have we no more parole I can get on with
00:37:57
Our Lives now the true healing can begin Doreen says part of the healing process
00:38:07
has been letting go of her anger I would rather laugh than cry any day of the week if you let it it's going to eat you
00:38:14
alive the anger yes the robies say they choose not to think about Eric Smith but
00:38:21
instead focus on friends and family especially their son Dalton now 30. you have to find the joy in life
00:38:29
you have to enjoy each other because life is way too short and just live [Music]
00:38:38
August 2nd the day we lost him we always try to go do something fun white ice cream with sprinkles
00:38:51
that's what Derek called vanilla so we try to do a wherever we are we have to go ahead we
00:39:01
have to go find ice cream even though it's sad it's happy you know as for Eric Smith since his release
00:39:16
we've been unable to contact him but in 2009 he told w-eny TV he had big plans for his future I want to you know get
00:39:26
married raise a family you know Paul Donald you know a job pursue the American dream
00:39:38
he also said he wanted to counsel kids who've been bullied just like he had been the question is will Eric Smith be
00:39:46
a success story or somebody that we're pointing to and saying system blew it with that one that's
00:39:54
that's exactly right I keep going back to my hope time will tell back in the summer of 1993 to honor
00:40:04
Derek Roby volunteers including Eric Smith's great-grandfather bulldozed the scene of the crime and put in a new ball
00:40:12
field in memory of the little t-ball plan watch the ball hon thanks foreign [Music]
00:40:21
watching over the field is a statue of Derek it was sculpted by doreen's uncle and funded by people from all over the
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country dedicated to be a gentle reminder of what childhood is meant to be Derek J
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Roby I love that he's the only person in town that has a statue a lot of people called him the mayor of
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Savona because he was busy on the corner pretty well known at four years and 10 months
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yes he just he was so much fun he he just was a great kid [Music] a Silicon Valley executive worth
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millions kidnapped Char was in the prime of his life very brilliant relaxed but highly motivated he was dabbling in the
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Cannabis industry as well he was targeted for a reason how are you too sir what happened 48 hours Saturday on
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CBS