Prosecutor in Smith case stepping down

Lawyer gained fame when he sought death penalty against mom in drownings

DAN HUNTLEY

dhuntley@charlotteobserver.com

YORK, S.C. - Tommy Pope, the prosecutor who gained national prominence for seeking the death penalty against Susan Smith for drowning her two sons, announced Monday he was resigning, effective Oct. 31.

Pope, 43, says he will open a private practice in civil litigation.

The son of the late York County Sheriff Elbert Pope, the younger Pope was elected 16th Judicial Circuit solicitor in 1992 on the Republican ticket, and he's never faced serious opposition for the office, which covers York and Union (S.C.) counties.

Pope made national headlines while still in his first term over the Smith case. People magazine profiled him, describing him as tall and handsome.

He went to work for the S.C. Law Enforcement Division at age 18 while a student at the University of South Carolina.

"I've been incredibly fortunate in my career, but I just felt that if I was ever going to make a move, this was the time," Pope said Monday night after his weekly basketball game with police officers.

Two years remain in his four-year term but no special election would be held. The governor would appoint someone to finish out the term. Pope is recommending his longtime deputy solicitor, Kevin Brackett, as his replacement.

Pope, who has long been courted by the GOP to run for higher office, said he's considering a run for the state legislature or state-wide office in 2008 or 2010 after he establishes his business.

Pope and his wife, Kim, have three sons and a daughter. Their oldest, Logan, is going to college in the fall.

"I'm healthy and feel like I'm capable of more in this life," he said. "With our son going to school, he got me thinking ... I might be making the biggest mistake of my life, leaving a safe job like this. But my wife says she hasn't seen me this energized since I was first elected, and I think that's a good sign."