Child killer Eric Smith's release from prison a "huge gamble" says prosecutor

For almost three decades, Doreen and Dale Robie have lived with the anguish of that day in 1993 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. UNIDENTIFIED MAN: Why did he do it? KEVIN BRADLEY | Defense attorney: The evidence you're gonna hear in this case is going to be horrible. JOHN TUNNEY: (in court) He was about that tall [motioning to show Derrick Robie's height].  He weighed 40 pounds. JOHN TUNNEY: (In court) The fact is that Eric chose to do something horrible. KEVIN BRADLEY: (in court) Eric Smith suffers from a very serious mental disease. To pick this up, throw this down on a little boy's head, does that suggest calm, deliberate action? A plan? JOHN TUNNEY: Describe Derrick.                                                                       DOREEN ROBIE: He was my little T-ball player.  He wa — very good athlete. TAMMY SMITH: He would say things like, "I'm stupid.  I'm nobody.  I'm," you know, "I'm never going to be anybody," that kind of stuff. DR. STEPHEN HERMAN: People who have this disorder describe feeling as if they're about to explode. … After the episodic rage, the child may appear to be quote "normal." DR. KATHLKEEN QUINN: It's a rare disorder, rarely seen at the age that Eric is. JOHN TUNNEY: Did he indicate to you generally and consistently that he had not been either physically or sexually abused? JUDGE DONALD G. PURPLE: So, you find the defendant guilty of murder in the second degree? JUDGE DONALD G. PURPLE: Take the young man in custody. ERIC SMITH (reading): "Hi, my name is Eric Smith. You first met me 11 years ago. … I know my actions have caused a terrible loss in the Robie family, and for that I am truly sorry." ERIC SMITH: It's understandable that they would never want me to be out in society. ERIC SMITH: The only thing that I can say to 'em is I'm not the same person. … there's not a day that goes by in some way, shape, or form that I'm, like, forced to remember what I did … I'm automatically thinking I killed Derrick and the pain that I caused Dale and Doreen Robie.  ERIC SMITH: I did kill Derrick. And for that, you know, I am sorry. … And there's nothing I can do to bring him back. I mean, if I could switch places with him and take the grave for him to live, I'd do it in a second. LOCAL NEWS REPORT: Breaking news.  The Savona man who killed a four-year-old boy in 1993, has been granted parole. PROTESTER: "We are here as a community to stand together for justice for Derrick Robie … and for Dale and Doreen Robie …" WROC NEWS REPORT: "This is breaking news from News 8 … Eric Smith, who has been behind bars for nearly 3 decades … is no longer in prison." ERIC SMITH [2009]: I want to get married and raise a family. You know hold down a job. Pursue the American dream.

"48 Hours" has been covering the case since Eric Smith, 13, was charged with killing 4-year-old Derrick Robie. Smith was tried as an adult and convicted of second-degree murder. CAPTAIN WALTER DELAP: I don't know why he did it. … I asked him why he did it.  His words, almost verbatim, were, "I don't know. I just saw this kid, this blond kid, and I wanted to hurt him." JOHN TUNNEY: He lived four years and 10 months.  And that person killed him.  Eric Smith choked and battered the young life out of Derrick Robie.  KEVIN BRADLEY: You're going to hear testimony by people that say Eric just seemed like a normal child and then the rage explodes. DOREEN ROBIE: He was my cute little firecracker.  JOHN TUNNEY: How did he get along and interact with people? TED SMITH: I remember him coming up to me in the kitchen.  He was really upset, and he was crunching his fist and shaking and told me that — he said, "Dad, I need help." … "I feel like I want to hurt somebody." And he said, "Yes, I do. I want to hurt something." Dr. STEPHEN HERMAN: Yes, he has always indicated that. VOICE #4:  Yes. ERIC SMITH: My anger wasn't directed at Derrick at all. It was directed at all the other guys who used to pick on me. And when I was torturing and killing Derrick … That was what I saw in my head.

Smith's sentence was nine years to life. 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," Doreen Robie told "48 Hours" contributor Jim Axelrod. KEVIN BRADLEY: Objection, Your Honor. TAMMY SMITH: At one point, he turned and told me that he — he did it… I asked him why … he just kept saying, "I don't know. I don't know." And he cried. JUDGE DONALD G. PURPLE: Is that unanimous?