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Post by happygrandmab on Nov 3, 2005 14:20:37 GMT -6
Fla. (AP) — Like others around the world who saw the televised videotape, residents of this city shuddered when they saw the images of a man taking 11-year-old Carlie Brucia by the arm at the back of a car wash. Four nights later, after a widespread search, the sixth grader was found dead on the grounds of a nearby church. Jury selection is set to begin Tuesday for the trial of Joseph P. Smith, the man accused of kidnapping, raping and strangling Brucia on Super Bowl Sunday 2004. The start was delayed a day because of Hurricane Wilma. "Carlie Brucia became, for all of Sarasota, one of our children," said Mayor Mary Anne Servian. "We felt like we knew her, and all of us were so hoping for a different outcome (after her disappearance). And when there wasn't, we suffered a collective broken heart. I don't think I've ever seen a community so wounded." A security camera at Evie's Car Wash captured images of the tall, blond sixth-grader in jeans and a red shirt being grabbed by the arm and led away by a man in dark mechanic's uniform as she walked home from a friend's house at dusk on Feb. 1, 2004. A number of people called tell authorities they recognized Smith as the man on the videotape. Arrested on unrelated drug charges two days after Carlie disappeared, the auto mechanic confessed to the slaying to his mother and brother during a jailhouse visit and then helped them lead authorities to Carlie's body, according to testimony in pretrial hearings. Smith, 39, is charged with first-degree murder, kidnapping and capital sexual battery. Prosecutors say they will seek the death penalty. Assistant Public Defender Adam Tebrugge has tried to get Smith's confession thrown out, saying it was illegally obtained through his brother after Smith had already invoked his right to remain silent and have an attorney present during questioning. He also is challenging the car wash video, contending that prosecutors can't prove the images and date stamps are authentic. Judge Andrew Owens has yet to rule on those motions by Tebrugge, who has declined to comment outside court on other details of Smith's defense. Grief over Carlie's death last year rippled through this southwest Florida city of about 53,000 residents, best known as a scenic sanctuary for northerners fleeing winter weather. Strangers turned out by the hundreds to attend a series of public memorial services. "The thing that brought this so close to home for all of us was the infamous video," the mayor said. "We could all see her and see what was unfolding, and none of us could do anything about it. I think that's what was so hard for all of us." Smith had been arrested at least 13 times since 1993, mostly on drug offenses, although he was twice charged with committing violence against women. Yet he served only one short prison sentence. After Smith was charged with Carlie's slaying, news that he had recently violated probation prompted critics to complain that he should have been in jail and triggered an effort among state officials to crack down on probation violators. Prosecutors believe they can get a fair jury in Sarasota, despite the publicity. But they have approached Collier County about moving the trial if necessary. "We're giving ourselves two weeks," said prosecutor Debra Johnes Riva. "I'm confident we're going to get a jury in Sarasota County." Public interest is expected to be so great that people who want to watch in the courtroom will be required to line up outside the courthouse for a ticket every morning, said Senior Deputy Court Administrator Faye Rice. Others will be directed to a room where they can watch a closed-circuit feed. "It's difficult in a close community," she said, "and you wonder how something like this could ever happen." www.courttv.com/news/2005/1024/juryselection_ap.html
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Post by happygrandmab on Nov 3, 2005 14:27:20 GMT -6
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Post by Dave on Nov 3, 2005 14:44:44 GMT -6
I think he'll get death. I remember seeing that video when they first released it on tv. After they showed it they interviewed the chief of police he was crying and one of his comments were "He'll die for what he did". I'm not sure how much pull the police department has in a trial but I think with or without it this guy will for surely get the needle.
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Post by happygrandmab on Nov 3, 2005 14:57:36 GMT -6
i agree, davec. i bet they already have a gurney with his name on it
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Post by happygrandmab on Nov 3, 2005 14:59:39 GMT -6
this is a very distressing case. to actually see carlie being led by the hand to her death sends chills through me. justice for carlie!
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Post by chazz on Nov 5, 2005 11:16:20 GMT -6
When I saw this thread, I got soooo excited until I saw the word "Smith" in the title. Chazz
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Post by Moonbeam on Nov 5, 2005 11:27:19 GMT -6
You easily excited then Chazz? I remember this case, they must surely be seeking the DP .
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Post by bryan on Nov 5, 2005 11:32:46 GMT -6
You easily excited then Chazz? Ha, i think someone found their wetdream ;D
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Post by happygrandmab on Nov 5, 2005 11:44:15 GMT -6
You easily excited then Chazz? I remember this case, they must surely be seeking the DP . i believe they are, moonbeam
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Post by happygrandmab on Nov 7, 2005 15:54:12 GMT -6
Car-Wash Kidnapping TRIAL OPENS FOR MAN ACCUSED OF KILLING GIRL, 11 Security camera photographs, lies, hairs, fibers, a false alibi, DNA — the list of evidence that appears to link auto mechanic Joseph Smith to the rape and murder of 11-year-old Carlie Brucia goes on and on. But as Smith's capital murder trial opened Monday in this Gulf Coast community south of Tampa, Smith's lawyer urged jurors to focus their attention instead on what prosecutors aren't talking about. *Story: www.courttv.com/trials/brucia/110705_ctv.html*Court TV Extra – watch the trial: www.courttv.com/extra/ *Photo gallery – the case in pictures: www.courttv.com/trials/brucia/photogallery/index.html
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Post by Dea on Nov 7, 2005 15:58:49 GMT -6
Ilene, you'll have to keep us all up to date on this one. That video broke my heart too, that poor little girl being led away. You just wanted somebody to step in for her, and unfortunately this crap goes on far too often still.
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Post by Dave on Nov 7, 2005 16:06:25 GMT -6
It was really shocking to me because you hear about kids being led away or snatched like that all the time but how often do you actually see it with your own eyes?
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Post by Dea on Nov 7, 2005 16:12:08 GMT -6
Not often, sadly. I don't feel like my civil rights would be violated if they installed camera's on every corner. Of course, the problem still lies with someone to monitor them.
I think too that more can be done in schools to educate all children about the dangers of these predators. It can only help to reinforce what the parents are saying.
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Post by Dave on Nov 7, 2005 16:23:53 GMT -6
I really like your idea and I feel the same about it, but it would never work because the drug dealers would claim that their civil rights would be violated
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Post by queenoj on Nov 7, 2005 16:25:34 GMT -6
I watched part of the trial this morning until they took a lunch break and then had to go to work. I heard both of the opening statements. They were intersting to hear the difference.
A question came up while discussing this case that the defense attorney has said that he has already had death threats, vandalysm because he is representing Smith. What happened to innocent until proven guilty? What happened to our judicial system where we are supposed to have a fair trial?
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Post by Dave on Nov 7, 2005 16:28:46 GMT -6
Well that tape is proof he isn't innocent and everyone around the world has seen it. I think it's safe to say that his fate is sealed
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Post by queenoj on Nov 7, 2005 16:57:32 GMT -6
Well that tape is proof he isn't innocent and everyone around the world has seen it. I think it's safe to say that his fate is sealed Not necessarily, I heard on the show that in analyzing the tape, it was reported he wasn't the guy on the tape. Might be best to watch the whole trial before making assumptions
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Post by happygrandmab on Nov 7, 2005 19:59:14 GMT -6
Ilene, you'll have to keep us all up to date on this one. That video broke my heart too, that poor little girl being led away. You just wanted somebody to step in for her, and unfortunately this crap goes on far too often still. i will do my best, dea. this week i am visiting my grandsons in new york and i am watching baby einstein and elmo instead of court tv but my husband, hopefully, is recording it for me, if he can figure out how to work the DVR. i will check the court tv website for the latest this week and post whatever is new.
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Post by happygrandmab on Nov 7, 2005 20:07:25 GMT -6
It was really shocking to me because you hear about kids being led away or snatched like that all the time but how often do you actually see it with your own eyes? it's true. abductions such as this have become frequent, yet, when we see it with our own eyes, we are emotionally drawn into the case. we need to realize that the out -of -sight-out-of- mind mentality is a veil of denial. we have to put a stop to our children being snatched from our sight and meeting a torturous demise. it is sickening. this cannot go on!
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Post by sweethonesty on Nov 7, 2005 20:19:47 GMT -6
He borrowed the car the same day from a friend and it was seen on video
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Post by sweethonesty on Nov 8, 2005 9:50:08 GMT -6
If you take away all the camera's......DNA and Fibers found on his clothes and this childs clothes, Still LINKS him to this murder.
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Post by blakely on Nov 8, 2005 13:31:25 GMT -6
I watched part of the trial this morning until they took a lunch break and then had to go to work. I heard both of the opening statements. They were intersting to hear the difference. A question came up while discussing this case that the defense attorney has said that he has already had death threats, vandalysm because he is representing Smith. What happened to innocent until proven guilty? What happened to our judicial system where we are supposed to have a fair trial? What do you mean what happened to innocent until proven guilty? Has the Smith jury been instructed not to afford him this presumption? Or, do you simply have no idea of what you are talking about? And how is Smith being denied a fair trial? How has the trial court specifically erred and how has Smith been prejudiced? Or, once again, do you simply have no idea of what you are talking about?
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Post by blakely on Nov 8, 2005 13:34:59 GMT -6
Well that tape is proof he isn't innocent and everyone around the world has seen it. I think it's safe to say that his fate is sealed Not necessarily, I heard on the show that in analyzing the tape, it was reported he wasn't the guy on the tape. Might be best to watch the whole trial before making assumptions Dave can make all the asumptions he wants. He is not a juror sitting on the case. And it is hardly an assumption. The guy on the tape looks like him, he is a sexual offender, and he gave info leading the police to the body. He also admitted to having "rough sex" with the little girl. Now excuse me while I go barf.
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Post by blakely on Nov 8, 2005 13:36:50 GMT -6
It was really shocking to me because you hear about kids being led away or snatched like that all the time but how often do you actually see it with your own eyes? it's true. abductions such as this have become frequent, yet, when we see it with our own eyes, we are emotionally drawn into the case. we need to realize that the out -of -sight-out-of- mind mentality is a veil of denial. we have to put a stop to our children being snatched from our sight and meeting a torturous demise. it is sickening. this cannot go on! Don't you just wish you were there and you could have pulled the girl away and to safety?
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Post by queenoj on Nov 8, 2005 14:24:35 GMT -6
Pull back here bud. I said that this guys defense lawyer if getting threats and vandalysm to his personal property because he is representing Smith. That was what I was refering to. What happened to a fair trial and a person being innocent until proven guilty. Isn't that what a defense lawyer is to do? Why is he being attacked for defending this man. What did he do? I watched part of the trial this morning until they took a lunch break and then had to go to work. I heard both of the opening statements. They were intersting to hear the difference. A question came up while discussing this case that the defense attorney has said that he has already had death threats, vandalysm because he is representing Smith. What happened to innocent until proven guilty? What happened to our judicial system where we are supposed to have a fair trial? What do you mean what happened to innocent until proven guilty? Has the Smith jury been instructed not to afford him this presumption? Or, do you simply have no idea of what you are talking about? And how is Smith being denied a fair trial? How has the trial court specifically erred and how has Smith been prejudiced? Or, once again, do you simply have no idea of what you are talking about?
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Post by queenoj on Nov 8, 2005 14:25:46 GMT -6
I hadn't heard the part that he was an admitted sexual offender and all the stuff you have brought up was in the prosecutions opening statement. Let's watch the trial and see what goes on and THEN make a decision. Not necessarily, I heard on the show that in analyzing the tape, it was reported he wasn't the guy on the tape. Might be best to watch the whole trial before making assumptions Dave can make all the asumptions he wants. He is not a juror sitting on the case. And it is hardly an assumption. The guy on the tape looks like him, he is a sexual offender, and he gave info leading the police to the body. He also admitted to having "rough sex" with the little girl. Now excuse me while I go barf.
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Post by blakely on Nov 8, 2005 15:35:50 GMT -6
Pull back here bud. I said that this guys defense lawyer if getting threats and vandalysm to his personal property because he is representing Smith. That was what I was refering to. I read what you said and it is a blatant incorrect statement of the laws and principles that govern our system of criminal justice. So, you pull back, bud. What happened to a fair trial and a person being innocent until proven guilty. Isn't that what a defense lawyer is to do? Why is he being attacked for defending this man. What did he do? Once again, where is your proof that this jury has not afforded Smith the presumption of innocence? You have none. Your second sentence in the above quoted matter, is a total non sequitur. As to why his attorney is allegedly being attacked, how would I know? And how would you know he is even being attacked and by who and for what reason, if any? And where is your proof that this amounts to a denial of the right to counsel? Or, do you simply have no idea of what you are talking about?
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Post by blakely on Nov 8, 2005 15:45:54 GMT -6
I hadn't heard the part that he was an admitted sexual offender and all the stuff you have brought up was in the prosecutions opening statement. Let's watch the trial and see what goes on and THEN make a decision. First, I, and any one else with a brain, have no doubt the 1997 assault was an interrupted rape and shares too many common denominators with the murderer of this young girl. Second, he admitted to having "rough sex" with the girl and that was in the opening statement. And last, look miss bossy, we don't need you telling us what to do and what to think. You seem to very confused about the law. The presumption of innocence does not apply outside the courtroom.You're another one who needs to go get an education before trying to lecture everyone else. Bleh.
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Post by queenoj on Nov 8, 2005 16:24:29 GMT -6
While I am trying to keep my patience down, which is a very hard thing to do with a neanderthal.
I have been watching this trial every morning before I come to work. I watch the interview with the defense lawyer talking about the attacks and vandalysm and it was a discussion among other news reporters. I was making comment on it for to open a discussion. One I am finding out you do not know how to do.
Smith is presumed innocent until he is proven guilty so it is PRESUMED within the court room.
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Post by queenoj on Nov 8, 2005 16:29:46 GMT -6
So, for now I am going to end this rediculous back and forth with this man who seems to not want to discuss but to attack and degrade. After I watch the trial tomorrow, I will be back with more observations and hopefully someone will be around that can carry on a decent and intelligent conversation.
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