Offender Record · OFF-2026-164
Lemuel Smith (photo from the Radford University biography)
Lemuel Warren Smith
Sex
Male
Race
African American
Height
6'2"
Born
1941
Custody
Incarcerated
States
NY, MD
Distinguishing featuresSize 13 shoe (noted in Dorothy Waterstreet investigation)
Custody
Incarcerated at Wende Correctional Facility, Alden, New York
Custody record at the facility
As of December 2022, Smith is incarcerated at Wende Correctional Facility. Smith spent the next twenty years of his life in near-isolation, the longest such span in the nation at the time.
This record documents arrests, charges and convictions reported by courts, law enforcement agencies and news organizations. Every statement is tied to a cited source with an archived copy. A charge is an accusation, not proof of guilt; a person charged is presumed innocent unless convicted. Where a record says named by police, no charge was ever filed: the record rests on a law enforcement agency's public identification of the deceased person, cited below. Not guilty by reason of insanity means the court found the act proven but the person not criminally responsible. Solve the Case does not allege that this person committed any offense beyond what the cited records state, and this record is not a suggestion that the person is connected to any unsolved case. How records are built, corrected and removed.
Summary of the record
Lemuel Warren Smith was born July 23, 1941, in Amsterdam, New York. He is a convicted serial killer who was the first convict to kill an on-duty female corrections officer. On January 21, 1958, Dorothy Waterstreet was robbed and beaten to death near Smith's neighborhood in Amsterdam, New York; evidence pointed towards the 16-year-old Smith, but the case fell apart when the district attorney was too hasty in trying to extract a confession, and Smith was not arrested. On April 12, 1959, Smith was sentenced to 20 years in prison for assault with intent to murder for a 1958 Baltimore assault. In May 1969, Smith abducted and sexually assaulted a woman, and separately kidnapped and raped another; on November 11, 1969, he was sentenced to an indeterminate term of 4 to 15 years in prison for attempted rape, assault, and unlawful imprisonment. On February 2, 1979, Smith was found guilty of the Hedderman store murders and sentenced to another fifty years to life. Smith was convicted of murder on April 21, 1983 for the murder of Donna Payant. As of December 2022, Smith is presently incarcerated at the maximum security Wende Correctional Facility.
Documented Arrests, Charges and Convictions
Dispositions are shown exactly as the cited records report them. Pending charges are updated when a court acts; a record with no remaining conviction or pending charge is removed from the site.
Offense date Aug 1958, Baltimore, Maryland
Assault with intent to murder
Baltimore Police Department · Baltimore Circuit Court · Arrested Aug 1958 · Convicted Convicted · Sentence: 20 years maximum
Smith relocated to Baltimore where he kidnapped a 25-year-old woman and beat her nearly to death; a witness interrupted the crime and Smith left a living victim; he was quickly arrested and on April 12, 1959, was sentenced to 20 years in prison for assault with intent to murder.
SourcesLemuel Smith; Lemuel Smith; Lemuel Smith — Grokipedia
Offense date May 19, 1969, Saratoga County, New York
Rape and kidnapping
New York State Police · Saratoga County Court · Arrested May 19, 1969 · Convicted Convicted · Sentence: 10 to 20 years
In May 1969, Lemuel Smith abducted a female victim, subjecting her to sexual assault. Smith was found guilty of rape in Saratoga County and on March 9, 1978, was sentenced to ten to twenty years in prison.
SourcesLemuel Smith; Lemuel Smith — Grokipedia
Offense date May 19, 1969, Saratoga County, New York
Kidnapping and attempted rape and assault
New York State Police · Saratoga County Court · Arrested May 19, 1969 · Convicted Convicted · Sentence: 4 to 15 years
Lemuel Smith kidnapped another female victim on May 19, 1969, subjecting her to sexual assault. On November 11, 1969, Judge Archibald C. Wemple sentenced him to 4 to 15 years in prison for attempted rape, assault, and unlawful imprisonment.
SourcesLemuel Smith — Grokipedia; Radford University serial killer biography: Smith, Lemuel
Offense date Nov 24, 1976, Albany, New York
Murder in the second degree and robbery
Albany Police Department · Albany County Court · Arrested Aug 19, 1977 · Convicted Convicted · Sentence: 50 years to life (two 25 years to life consecutive)
On November 24, 1976, Robert Hedderman, 48, and Hedderman's secretary, Margaret Byron, 59, were found brutally murdered in the back of Hedderman's religious store in Albany. Smith was indicted for the Hedderman store double murder; he was found guilty on February 2, 1979, and sentenced to another fifty years to life.
SourcesLemuel Smith; Settlement reached in civil case of Capital Region serial killer; Capital Region serial killer Lemuel Smith sues over 40 years in solitary confinement
Offense date Aug 19, 1977, Schenectady and Colonie, New York
Kidnapping and rape
Schenectady Police Department · Schenectady County Court · Arrested Aug 19, 1977 · Convicted Convicted · Sentence: 20 to 25 years to life
On August 19, 1977, 18-year-old Marianne Maggio, who worked in the same area as Wilson, was kidnapped and raped by Smith; when he forced her to drive towards Albany, police stopped the car and arrested Smith without incident. On July 21, 1978, a four-day bench trial in Schenectady ended with Smith being found guilty of kidnapping, and he was sentenced to another twenty-five years to life.
SourcesLemuel Smith; Lemuel Smith — Grokipedia
Offense date May 15, 1981, Beacon, Dutchess County, New York
Murder in the first degree (Donna Payant)
Dutchess County Sheriff's Office · Dutchess County Court · Arrested Jun 06, 1981 · Convicted Convicted · Sentence: Death (commuted to life imprisonment)
Smith was serving two 25 years to life sentences in Green Haven Correctional Facility when he overpowered and fatally strangled a 31-year-old correction officer in a prison chaplain's office in 1981. Smith sexually assaulted and strangled Payant in the prison chaplain's office before putting her body in a trash bag and throwing it out with the trash. The trial began January 20, 1983, and Smith was convicted of murder on April 21, 1983; New York law at the time made death mandatory for a prisoner serving life who killed again, and he was sentenced to death on June 10, 1983.
SourcesLemuel Smith; Settlement reached in civil case of Capital Region serial killer
Pattern and Background
Victim counts and the pattern of the offenses as stated by courts, agencies and the cited reporting. Suspected counts are what officials have said publicly, not a finding of this site.
3
Victims convicted
5
Victims confessed
0
Victims suspected
Active years
1958–1981
Stated motive
Sexual, Power or control
Range from home
regional
Confessed
Yes
Education
some college
Marital history
Married
Children
0
Agencies
Law enforcement, prosecutors and corrections agencies the records show dealing with this person. An investigator working a case with a possible connection can start here.
Montgomery County District Attorney's Office · NY
Waterstreet case investigation, case fell apart, no indictment 1958-1959
New York State Department of Corrections and Community Supervision · NY
Current custodial agency; Smith housed in isolation/restrictive custody
Dutchess County Sheriff's Office · NY
Investigated Donna Payant prison murder, 1981
Source: Murderpedia
New York State Department of Correctional Services · NY
Held Smith in various facilities including Green Haven Correctional Facility
1969 rape and kidnapping investigations; arrested Smith 1977; forensic evidence collection
Source: Murderpedia
Baltimore State's Attorney's Office · MD
Prosecuted assault case, 1959
Albany Police Department · NY
1976 Hedderman/Byron religious store double murder investigation
Source: CBS 6 Albany
Baltimore Police Department · MD
Assault with intent to murder, Edna Johnson, August 1958
New York State Attorney General's Office · NY
Defended state in Smith's federal civil lawsuit regarding solitary confinement
Schenectady Police Department · NY
Investigated Maralie Wilson murder, 1977
Amsterdam Police Department · NY
Investigation into Dorothy Waterstreet murder, 1958
Source: Murderpedia, Daily Gazette
Dutchess County District Attorney's Office · NY
Prosecuted Donna Payant murder, 1981-1983; Special District Attorney appointed due to conflict
Green Haven Correctional Facility · NY
Maximum security prison where Donna Payant was killed by inmate Smith, 1981
Baltimore Penitentiary · MD
Held Smith August 1958-January 1959
Wende Correctional Facility · NY
Later facility holding Smith
Albany County District Attorney's Office · NY
Prosecuted Hedderman/Byron murders, 1976-1979
Source: Murderpedia
Schenectady County District Attorney's Office · NY
Indicted Smith for Wilson murder and Marianne Maggio kidnapping/rape, 1977-1978
Places Lived, Worked and Frequented
Each place and date range comes from a cited record. Dates marked approximate are as reported. Know a place that is missing? Use Edit record under the photo; a moderator reviews it before it appears.
MD
Baltimore, Maryland
approx. Jun 1958 – Aug 1958
Baltimore, Maryland
Aug 1958 – Jan 1959 · Baltimore Penitentiary
Maryland
Apr 12, 1959 – May 1968 · Maryland state penitentiary system
NY
Amsterdam, New York
1941 – 1958
New York, New York
approx. May 1968 – Aug 1968 · Capital District
New York, New York
Aug 1968 – May 1969 · Capital District · sheet metal plant
New York, New York
Nov 11, 1969 – Oct 1976 · New York Department of Corrections system, including Attica
New York, New York
Aug 1976 – Aug 19, 1977 · Capital District · Sheet metal plant, industrial laborer
Green Haven, New York
1978 – 1981 · Green Haven Correctional Facility; worked in chaplain's office
Green Haven, New York
1981 – 2022 · Green Haven Correctional Facility; Unit for Condemned Persons, then administrative segregation
Village of Alden, New York
2022 – present · Wende Correctional Facility, maximum security
Timeline
Jan 21, 1958
Dorothy Waterstreet was robbed and beaten to death near Smith's neighborhood in Amsterdam, New York.
Aug 1958
Smith was charged with assault and attempted robbery after bludgeoning a woman with an iron pipe in Baltimore; the 25-year-old woman was in critical condition after being discovered.
Apr 12, 1959
Smith was sentenced to 20 years in prison for assault with intent to murder.
May 1968
Smith was paroled and moved back to the Capital District.
May 19, 1969
Smith abducted and sexually assaulted a female victim and separately kidnapped and raped another victim on the same day.
Jun 1969
Smith was indicted in June 1969 on charges including robbery, kidnapping, and possession of a dangerous weapon.
Nov 11, 1969
Judge Archibald C. Wemple sentenced Smith to 4 to 15 years in prison for attempted rape, assault, and unlawful imprisonment.
Oct 1976
Smith was released after serving a little over four years.
Nov 24, 1976
Robert Hedderman, 48, and Hedderman's secretary, Margaret Byron, 59, were found brutally murdered in the back of Hedderman's religious store in Albany.
Dec 23, 1976
Joan Richburg, 24, was raped, murdered and mutilated in her car at Colonie Center mall in Colonie.
Jan 10, 1977
A large man tried to lure a 22-year-old woman out of a gift shop in Albany; when she resisted, he took her 60-year-old grandmother hostage and threatened to kill her; when help arrived, he threw the woman down, breaking her hand.
Mar 05, 1977
Smith confessed to five murders, hoping to convince authorities of his insanity.
Jul 22, 1977
Maralie Wilson, 30, was found strangled and mutilated near train tracks in downtown Schenectady; the post-mortem mutilation was worse than some veteran investigators had ever seen in the region.
Aug 19, 1977
18-year-old Marianne Maggio was kidnapped and raped by Smith; when he forced her to drive towards Albany, police stopped the car and arrested Smith without incident.
Sep 29, 1977
Smith was indicted for the murder of Maralie Wilson after bite mark evidence was presented.
Mar 09, 1978
Smith was sentenced to ten to twenty years in prison for rape in Saratoga County.
Jul 21, 1978
A four-day bench trial in Schenectady ended with Smith being found guilty of kidnapping, and he was sentenced to another twenty-five years to life.
Feb 02, 1979
Smith was found guilty of the Hedderman store murders and sentenced to another fifty years to life.
May 15, 1981
Green Haven corrections officer Donna Payant was on duty when she received a phone call and told her co-worker she needed to take care of a problem. Smith overpowered and fatally strangled the 31-year-old correction officer in a prison chaplain's office.
Jun 06, 1981
Smith was charged on June 6, 1981 for the Payant murder.
Apr 21, 1983
Smith was convicted of murder on April 21, 1983.
Jun 10, 1983
Smith was sentenced to death on June 10, 1983.
Jul 02, 1984
The New York Court of Appeals held the mandatory death statute unconstitutional in his case, and his sentence became another term of life.
Sources
Solve the Case is never the original source. Each item below is the public record a statement on this page rests on, with an archived copy where one exists.
News report · CBS 6 Albany ·
1970s: Revisiting Lemuel Smith's notorious murders that shocked the Capital Region“Smith was convicted of double murder and sentenced 50 years to life; later confessed to five total murders.”
Other · Murderpedia ·
Lemuel Smith“Criminal classification and chronology of Lemuel Warren Smith's offenses.”
News report · Daily Gazette ·
Memories Along the Mohawk: Jan. 21, 1958“Police focused on 16-year-old Lemuel Smith; grand jury discharged without indictment; Smith later charged with Baltimore assault in August 1958.”
News report · Wikipedia ·
Lemuel Smith“American convicted serial killer; first convict to kill on-duty female corrections officer.”
News report · Factual America ·
Lemuel Smith: Serial Killer Gets Life Without Parole“Smith's criminal record began in 1950s with burglary and assault; convicted of attempted rape and sentenced to prison in 1958.”
Other · Grokipedia ·
Lemuel Smith — Grokipedia“Detailed documentation of Smith's early life, incarcerations, releases, and violent crimes.”
Other · Serial Killer Calendar ·
Lemuel Warren Smith“Three murder convictions; confessed to two more murders whose indictments were dismissed.”
News report · Times Union ·
Settlement reached in civil case of Capital Region serial killer“Smith serving life for several murders including 1981 killing of correction officer in Green Haven.”
News report · APB Cold Case ·
A Serial Killer's Probable First Victim: The Murder of Dorothy Waterstreet“Dorothy Waterstreet found beaten and robbed on January 21, 1958 near Acme parking lot; grand jury discharged without indictment after 16 months.”
News report · They Will Kill You ·
The Story of Serial Killer Lemuel Warren Smith“On March 5, 1978, Smith confessed to five murders, hoping to convince authorities of his insanity.”
News report · Times Union ·
Capital Region serial killer Lemuel Smith sues over 40 years in solitary confinement“Smith convicted serial killer and rapist; murdered and mutilated correction officer at Green Haven in 1981.”
Other · Radford University, Department of Psychology ·
Radford University serial killer biography: Smith, Lemuel“Lemuel Smith chronology from birth through 1984; compilation of criminal and prison records.”
Court record · U.S. Court of Appeals for the Second Circuit ·
Lemuel Smith v. Thomas A. Coughlin III et al., 748 F.2d 783 (2d Cir. 1984)“Federal appeal concerning Smith's confinement conditions; confirms murder of Donna Payant while serving prior sentences.”
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