Schweitzer in the past has told the family of the victims that he will think of them, and their desire to see the death penalty carried out, in making any decision. Smith has exhausted his legal appeals and faces the death penalty once a lawsuit over the method used by the state is cleared up. The Canadian government, which does not believe in capital punishment, had initially refused to support Smith, saying he had been convicted in a democratic country. The Blackfeet Tribal Council, and most of the family members of the victim from that area, have spoken out in favor of carrying out the death penalty.
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