San Quentin, CA — A man convicted of killing a woman in Calaveras County will be taken off death row.
George Hatten Smithey was found guilty of killing 25-year-old Cheryl Nesler in Glencoe back in 1988. Smithey, who is now 70 years old, has been diagnosed as being mentally retarded. The findings followed an examination last month by a neuropsychologist at San Quentin State Prison. People who suffer from mental retardation are not eligible for the death penalty, so he will likely now serve a sentence of life in prison, according to the Calaveras County District Attorney’s Office.