Death sentence stands for 11-year-old Carlie Brucia’s killer, judge rules
A death sentence has been reinstated for Joseph Smith for the 2004 kidnapping, rape and murder of 11-year-old Carlie Brucia.
Smith, 54, was convicted in November 2005 of the kidnapping, rape and murder and was later sentenced to death in March 2006, based on a 10-2 recommendation by the jury.
After the U.S. Supreme Court declared Florida’s death penalty law unconstitutional because it allowed non-unanimous jury recommendations and subsequent Florida Supreme Court rulings, Smith’s death sentence was vacated and he was granted a new hearing to determine his punishment.
The Florida Supreme Court then reversed itself, concluding that a unanimous jury was not necessary to impose the death penalty. The State Attorney’s Office then sought to have the death penalty reinstated as part of a motion that was argued before Circuit Judge Charles Roberts on Feb. 18.
In a nine-page order issued Tuesday, and announced by State Attorney Ed Brodsky during a video press conference, Roberts reinstated the death penalty for Smith, citing the Florida Supreme Court’s reversal.
“Joseph Smith is again one step closer to receiving a just sentence that was recommended by a jury of his peers in this community,” Brodsky said. “We will never forget what happened on Feb. 1, 2004.”
Carlie was walking home at about 6 p.m. on Super Bowl Sunday in 2004 from a friend’s house, when Smith abducted as she passed behind of the Evie’s Car Wash, 4715 Bee Ridge Road, Sarasota.
Carlie’s body was found four days later behind the Central Church of Christ. Smith had raped and later strangled her. Surveillance video from the car was key evidence at his trial.
Smith will have 30 days to appeal Tuesday’s decision.
