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 Carlie Brucia (11) R.I.P.

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Melinda
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PostSubject: Carlie Brucia (11) R.I.P.   Mon Oct 05, 2009 7:27 am



Carlie's Law


Carlie's Law was a US Congressional bill introduced by Representative Katherine Harris (R-FL), with the support of Nick Lampson (D-TX) and Marsha Blackburn (R-TN) in response to the kidnapping, rape and murder of Carlie Brucia, a child, by Joseph P. Smith, who was released from jail on probation at the time of Carlie's murder.

The amendment to existing law was intended to toughen parole rules for sex offenders and also notify non-custodial parents when there is criminal activity near their child's home.

Partly for this reason, Joseph Brucia, the child's father, approved of making the law in her name, although he concedes this law would not have applied to her specific case, since the charges for which Smith was on probation were not the sexual offenses this law targets. His focus was on future similar, but not identical, cases.

The bill failed to pass before the end of the 2004 session. Harris committed to re-introduce the bill in 2005, but no further information has been made available.


Background
Carlie Jane Brucia (March 16, 1992 – February 1, 2004) was raped and murdered by Joseph P. Smith after being kidnapped from a car wash near her home in Sarasota, Florida on February 1, 2004, while returning from a sleepover at a friend's house. She was reported missing by her mother, Susan Schorpen, and her stepfather, Steven Kansler, within a half hour of her abduction.

Arrest
On February 6, police announced that Smith, a 37-year-old father of three and car mechanic with a long list of arrests for drug-related charges (the connection between him and Carlie is that he was in fact her mothers former drug dealer) and one for kidnapping and false imprisonment, was in custody as the primary suspect. In the same announcement, the police confirmed that Smith's car, a beige 1992 Buick Century, was involved in the crime.

The story gained national media attention in large part because Brucia's abduction was recorded by a surveillance camera. The tape shows her being approached by a man who seemed to be in his late 20s or early 30s. They apparently had a short conversation, after which he grabbed her by the arm and took her away. The FBI and NASA joined in the efforts to find Brucia and the man seen with her on the videotape. NASA researchers used advanced image processing technology to enhance the recording by reducing image jitter.

At least two informants called police, having recognized Smith from the television broadcasts of the security camera tape. Smith was already in custody at the time, having been arrested on February 3 on an unrelated parole violation. Smith refused to speak with investigators about Brucia's abduction until February 5, when he told his brother where he had hid her body, behind a nearby church.

Trial
On February 20, Smith was indicted for first-degree murder and charges of kidnapping and capital sexual battery were also filed by Sarasota County prosecutors. The trial started November 7, 2005 in Sarasota. On November 17, 2005 at 3:24PM, the jury announced their verdict, that Smith was guilty as charged. On December 1, 2005, the jury, by a vote of 10 to 2, returned a recommendation for the death penalty. On March 15, 2006, the day before what would have been Carlie's fourteenth birthday, he was sentenced to two terms of life imprisonment on the charges of sexual battery and kidnapping, and was sentenced to death by lethal injection for murder. The judge in the case was Circuit Court Judge Andrew D. Owens.

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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Oct 05, 2009 7:47 am


Carlie's Portrait
http://beautifulpoems.tripod.com/id2.html

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Last edited by Melinda on Mon Nov 30, 2009 10:46 am; edited 1 time in total
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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:36 am



On Sunday, February 1, 2004, in Sarasota, Florida, 11-year-old Carlie Jane Brucia was on her way home from a sleepover at her friend's house. Her step-father, Steve Kansler, was on his way to pick her up in route but never found her. Carlie, deciding to cut through a car wash not far from her home, was approached by a man and led away, never to be seen alive again.
The surveillance camera at the car wash showed a man in a uniform type shirt approaching Carlie, saying something to her, and then leading her away. NASA, with technology used in the investigation of the Space Shuttle Columbia disaster, assisted the investigation by working with the video to enchance the image. The FBI also worked to help find Brucia and the man who abducted her.

After receiving tips as to the identification of the man, the Sarasota police questioned Joseph P. Smith, who had been in their custody since the day after Carlie was abudcted on an unrelated parole violation charge. A woman who said she lived with Smith was one of the tipsters who contacted the police. Smith refused to admit to any involvement with Carlie Brucia's disappearance until Thursday, February 5, when he finally told investigators where he hid her body.

On February 6, it was announced that Carlie Brucia's body had been found. She had been murdered and left in a church parking lot just miles from her home.

Joseph P Smith, a 37-year old car mechanic and father of three who had been arrested at least 13 times in Florida since 1993, and had been previously charged with kidnapping and false imprisonment, was held in custody as the main suspect in the murder of Carlie Brucia.

On February 20, Smith was indicted on a first-degree murder and separate charges of kidnapping and capital sexual battery were filed by the Florida attorney's office.

Friends and family of Carlie Brucia described her as a beautiful young girl who loved going the mall, loved Jennifer Lopez, enjoyed time with her friends and loved her cat named Charlie.

Tifanny Meeks described her friend Carlie to Fox News as,"...loving and caring. She doesn't like to see other people hurt. She'd be really crying if this was one of us or someone else she knows."


Should Smith Have Been In Prison?
On December 30, a month prior to Carlie Brucia's murder, a probation officer asked Circuit Judge Harry Rapkin to declare Smith in violation of his probation due to unpaid fines and court costs he was obligated to pay. The Judge did not find Smith in violation and let him remain free.

Related Articles:
October 24, 2005 - Trial Begins This Week in Carlie Brucia Murder
Carlie Brucia
Joseph Smith Guilty of Carlie Brucia's Murder
Carlie Brucia's Killer Gets Death Sentence
Carlie Brucia's Mom Arrested Again

http://crime.about.com/od/current/a/carliebrucia.htm

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Last edited by Melinda on Mon Nov 30, 2009 10:55 am; edited 1 time in total
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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:40 am


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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:41 am


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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:43 am

Carlie Brucia’s Killer Wants New Trial
Posted on Thursday, 8 of January , 2009 at 8:06 pm
SARASOTA, FLA— Attorneys for Joseph Smith, sentenced to death in November 2005 for the kidnapping, sexual assault and first degree murder of 11-year-old Carlie Brucia, are seeking a new trial because they claim that the FBI mishandled DNA evidence.



Eleven-year-old Carlie Brucia was kidnapped Feb. 1, 2004, in Sarasota as she was walking home from a friend’s house. The abduction was captured on videotape by a car wash security camera, showing 39-year-old Joseph Smith, a mechanic, confronting her. Her partially naked body was found four days later near a church. The video was broadcast worldwide and led to Smith’s arrest when family members and friends recognized him.



Smith’s DNA was found on a semen stain on the girl’s red shirt and his attorneys are challenging how the lab tests were conducted. During the 2005 trial, Smith’s defense attorney had questioned why local evidence technicians had not found DNA evidence on the shirt before the shirt was sent to the FBI crime lab where DNA was found. An FBI agent testified that the shirt had not been tested at the FBI lab but instead had only reviewed the results.



Smith’s attorneys are claiming that such testimony by the agent would have been inadmissible hearsay and should not have been allowed.



The appeal also challenges the admission of other evidence which linked Smith to the crimes and claims there were at least 12 areas of the trial which may have been unconstitutional or where judicial error was made such as allowing the jury to view crime scene photos and allowing testimony by Smith’s brother.



Smith, now 42, was found guilty of the murder on Thursday Nov. 2005 after a jury deliberated just five hours, convicting Smith of first degree murder, sexual battery of a child less than 12 years of age and kidnapping with infliction of bodily harm and/or with commission of felony on the child.



A jury had voted 10-2 for death by lethal injection for the murder and Circuit Court Judge Andrew Owens agreed, saying that Carlie suffered “unspeakable terror and physical suffering” at the hands of Smith. “May God have mercy on your soul”, the judge said after pronouncing the sentence.

Smith was sentenced to life in prison for the kidnapping and sexual battery convictions.

Smith did not testify at the trial. The video tape was introduced into evidence and numerous people identified Smith as the man shown.

Smith’s lawyers had argued for life imprisonment without parole, saying that he was under the influence of drugs and suffered from drug addiction and depression.



Under Florida law, there is a mandatory appeal process for all defendants sentenced to the death penalty. The challenge to Smith’s conviction filed in the state Supreme Court is the first stage of the appeal process. 1-8-09

http://www.northcountrygazette.org/2009/01/08/brucia_appeal/

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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:44 am

In Loving Memory of Carlie Brucia
http://crimeshots.com/CarlieBrucia11.html

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PostSubject: Re: Carlie Brucia (11) R.I.P.   Mon Nov 30, 2009 10:57 am


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PostSubject: Re: Carlie Brucia (11) R.I.P.   Wed Feb 03, 2010 2:00 pm

:candle:

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PostSubject: Re: Carlie Brucia (11) R.I.P.   Sun Dec 19, 2010 7:35 am

:candle:

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8-9-05 to 12-11-08

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