The fate of Carlie Brucia’s killer remains unsettled after Sarasota hearing
The fate of 11-year-old Carlie Brucia’s killer remains unsettled as a Sarasota judge awaits a final decision from the Florida Supreme Court on how to interpret Florida’s death penalty law.
Joseph Smith abducted Carlie on Feb. 1, 2004, as she was walking home from a friend’s house in Sarasota, raped and killed her. The girl’s body was found four days later behind the Central Church of Christ, after Smith confessed.
Smith was convicted in November 2005 of kidnapping, raping and murdering Carlie. In March 2006, based on 10-2 recommendation by the jury, Smith was sentenced to death.
Smith’s death sentence was vacated in the wake of a U.S. Supreme Court decision that found how a person was sentenced to death in Florida unconstitutional and subsequent Florida Supreme Court rulings.
Last month, the Florida Supreme Court reversed itself, however, ruling in State vs. Poole that it had previously misinterpreted the U.S. Supreme Court ruling and that a unanimous jury was not necessary to impose the death penalty.
The State Attorney’s Office, as a result, filed a motion asking the judge presiding over the case to reinstate the death penalty for Smith.
“I do think and I am convinced of, thoroughly convinced, that the Poole court is clearly telling us at the trial court level, to do everything we can to disregard the erroneously decided Hurst decision a few years ago and proceed as if that case was never issued,” Circuit Judge Charles Roberts said on Tuesday after hearing arguments from attorneys on both sides. “In this particular situation, that is what I must do and is what I think I should do.”
Roberts reserved ruling until there is a final decision in the Poole case. The Jan. 23 opinion in State vs. Poole is not final because the defense earlier this month asked for a rehearing.
Had it not been for Hurst, Roberts said, a new penalty phase hearing for Smith would not have been ordered.
Roberts also addressed the issue raised by Smith’s defense that the Florida Legislature changed the law after the decisions in Hurst requiring a unanimous jury. Although “interesting,” Roberts said it was “irrelevant” in the Poole case.
“It is abundantly clear that the Florida Legislature amended the statute in light of an erroneously decided opinion in order for there to be a valid death penalty statute in the state of Florida,” Roberts said. “What they decide to do at this point forward, is up to them and is not of my concern,” Roberts said. “I think I am required by law to await the mandate from the Supreme Court in the Poole decision, however they decide.”
Carlie’s family was present in the courtroom on Tuesday but declined to comment publicly about Tuesday’s hearing.
Her mother’s best friend, Cheri Langford, however, did speak briefly outside.
“It makes me very angry,” Langford said. “Why should we pay for him to live? It’s just not right.”
This story was originally published February 18, 2020 at 3:19 PM.
