Why?

From the Denver Post: Condemned killer Steven Smith's argument for mercy isn't an easy one. Smith acknowledges he intended to sexually assault his girlfriend's 6-month-old daughter but says he never intended to kill the baby.
The girl, Autumn Carter, of Mansfield, died because Smith was too drunk to realize his sexual assault was killing the child, Smith's attorneys planned to tell the Ohio Parole Board on Tuesday. And Ohio law is clear, they say: a death sentence requires an intent to kill the victim. "The evidence suggests that Autumn's death was a horrible accident," his attorneys, Joseph Wilhelm and Tyson Fleming, said in a written argument prepared for the board.
Read more: Ohio man who sexually assaulted baby seeks mercy - The Denver Post http://www.denverpost.com/breakingnews/ci_22920996/ohio-man-who-sexually-assaulted-baby-seeks-mercy#ixzz2PI5sFEt9
A horrible accident which kills a baby while the thug is committing a sex crime against the baby  and the thug doesn't want the death penalty?
Good, let the thug be released into the prison's general population and see how long he lives.
The over/under would be 2 weeks.