Child's killer sentenced to die (Carlie Brucia)

[Renew Deal]

SARASOTA, Florida (CNN) -- A Florida judge formally sentenced Joseph P. Smith to death Wednesday for the 2004 murder of Carlie Brucia, whose abduction was captured by a security camera and shown around the world.

"Joseph Smith, based upon your actions, you have forfeited your right to live freely among us in society and pursuant to the laws of Florida you have forfeited your right to live," said Sarasota County Circuit Judge Andrew Owens.

Owens also sentenced Smith to life in prison without the possibility of parole on kidnapping and sexual battery charges. (Watch the child killer receive his sentence -- 1:34)

Brucia was abducted and killed in February 2004, while she was walking home from a friend's house.
<snip>

http://www.cnn.com/2006/LAW/03/15/taped.abduction/index.html

Hey Mods. There is something wrong with the story first posted. Specifically it appears to be wrong.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=2168623&mesg_id=2168623

[quaoar]

1. Adios

and good riddance.

[VolcanoJen]

2. MSNBC Breaking: Joseph Smith sentenced to Life in Prison...

... Without Possibility for Parole for Kidnapping and Sexual Assault.

Important: The verdict for murder has not been handed down yet... the judge is in the process of doing that, 2:28 pm ET.

Joseph Smith was convicted of abducting, raping and killing 11-year-old Carlie Brucia.

The jury had recommended he be sentenced to death.

Will update with link when it emerges.

UPDATE - Link:

Carlie Brucia's Rapist, Murderer Gets Life Sentence

[stop the bleeding]

3. So the judge went against the jury

-hmmmmmm

[VolcanoJen]

9. Sorry... he hasn't yet applied a penalty for the murder charge.

Developing... the sentencing was confusing at first.

The judge is now reading his background information re: the jurors' recommendation for the death penalty.

[Critters2]

4. This'll drive the Freepers over the edge

but I think it was the right decision.

And besides, I like seeing Freepers driven over the edge.

[JackBeck]

13. What was their problem this time?

[0007]

29. The freepers were purring like kittens when Eric Rudolph -

the abortion bomber was running from the FBI.

Freepers were bummed out after he was apprehended.

Freepers gave applaud when he beat the death sentenced. .

[chelsea0011]

44. And who helped protect Rudolph? The FBI gave up investigating.

[Pirate Smile]

5. What was his reasoning for not following the jury's recommendation?

Just curious.

[LostinVA]

6. Good. I'm against the DP, and this sociopath never needs to see

The light of day again.

[BurgherHoldtheLies]

7. Jury recommended death but he somehow gets life in prison?

WTF? Ya, I know, it's not popular to support the death penalty on DU but I do and this piece of sh*t should not be sucking up any oxygen on this planet.

[Chimichurri]

10. But if he's killed, his misery would be over.

At least he gets to live and suffer. It's possible the same fate may be bestowed upon him. One never knows how karma manifests itself but child molestors/murderers have it the worst inside.

[okieinpain]

65. they might not like it in prison, but I don't think you can call it

suffering. food, drink, bed to sleep, sex, and companionship.

[jbnow]

12. Jury had voted 10 to 2 for death

I heard them say this morning that sometimes when the jury votes for life in prison the judge will override it but never the other way around, so they were sure he would get death.

But I am also against the death penalty. Lock them up and throw away the key. Death ends the punishment.

[reichstag911]

14. Just because you and I...

...and many others, if not most, would like to see pieces of shit like Smith killed, the visceral satisfaction we would derive from it is primitive, and certainly not the basis for sound and civilized public policy. Given the huge number of death row exonerations there've been, in states all over the country that bother to review their cases (unlike, ya know, W's Tejas), it's ultimately indefensible policy. The nature of certain crimes are so heinous that prosecutors and police will be pressured to overstep, creating/increasing the likelihood of an unjust conviction.

[okieinpain]

64. I agree.

[saigon68]

8. Who would Christ Kill ? Or disembowel

And burn the entrails there of ?

[depakid]

11. This is why I'm glad I don't watch TV news

because I don't even know who this guy is, or where he's from- and I don't really care to know.

[GeorgiaDem69]

16. My view on the death penalty is mixed

However, I think if anyone deserves it this asshole does. Read the facts of the crime and you'll agree.

[NYC Liberal]

19. I've read the facts, and I don't agree.

I don't support execution for anyone.

[GeorgiaDem69]

34. Entitled to your opinion

You might feel differently if it were your daughter.

[LostinVA]

46. He is entitled to his opinion, and I suspect it wouldn't change if it was

his daughter (which was a nasty, inappropriate attack). Talk to Matthew Shepherd's parents. And other families who understood that this would never bring anyone back. Or Susan Smith's jury -- they didn't give her the DP so she would suffer in prison forever.

You, as ell as many others on DU,. seem to confuse those of us against the DP as against harsh sentencing. Bull. I believe in life w/out any chance of parole for murder, first-offense rape, and first-offense pedophilia. But I believe no one has a right to murder anyone, including the State.

Yes, we are all entitled to our opinion on this very emotional issue.... and have a right to express it without a thinly-veiled personal attack against a long-time poster.

[GeorgiaDem69]

62. I call

BS. First, it wasn't a "thinly-veiled personal attack" against anyone. I pointed out that he might feel differently if someone he knew had been kidnapped, raped, and murdered.

Second, I don't care if a person is a "long-time poster" or not. Being a "long-time poster" doesn't entitle your opinion to any added weight or deference.

Finally, I never opined as to whether or not anyone was against harsh sentencing.

By the way, sometimes executions by the state are not "murder," but justice. I oppose the death penalty in a lot of cases because there are often real questions as to guilt and we shouldn't execute someone who might be innocent. There were no questions as to guilt here.

[primavera]

82. He might very well feel differently... but it shouldn't matter

Of course everyone is vulnerable to rage, dispair, hatred, and a longing for vengeance when they are intimately affected. In other words, they are not expressing their rational, well-considered views at that point in time. Simply because we are all capable of making irrational decisions when we feel personally threatened doesn't negate the value of making rational decisions.

[GeorgiaDem69]

83. That a valid point -- people often make decisions they later regret

[LostinVA]

85. Executions by the state are always murder imo

Taking a life is taking a life. No one -- including a government entity -- has more of a right to kill someone than another.

And, being a long-time poster CAN add weight to your opinions. You're a known entity, you build up cred. Foe example, you don't start threads about how RU is killing women.

So, bullshit right back at you. Transparent as glass. You are going on Ignore as of now.

[NYC Liberal]

52. The parents do not decide the sentencing precisely because they

would most likely put their emotions over what ultimately is best for society at large. It's human nature, I would hope that I'd be able to overcome that, but again - I wouldn't WANT to decide the sentence precisely because of it.

Just as it is WRONG for people to kill other people, it is WRONG for the state to do the same.

If I *watched* someone kill my daughter, according to your logic, it wouldn't matter if I went out, found them, and then murdered them because a) I KNOW it was them, and b) the "State" is gonna do it anyway!

See why letting the State kill people as "justice" is a BAD thing?

[GeorgiaDem69]

63. Your argument makes no sense whatsoever

It would matter if you went out and killed someone. Our laws are enforced through certain avenues, and vigilante justice isn't one of them. However, some states provide for executions, and in those cases it is legal for the state to execute, whether you like it or not.

If you watched someone kill your child and immediately killed that person -- or killed them in an effort to stop them -- its unlikely you would even be charged with a crime, much less convicted of one. However, that isn't what you described.

By the way, how did you determine what my "logic" was from my one little post? You took a lot of leaps to get from my point to yours.

[NYC Liberal]

74. Just because it is LEGAL does not mean it SHOULD be.

So what benefit does killing people have over imprisoning them for life?

[GeorgiaDem69]

78. Some people don't deserve to live

And just because they are in prison doesn't mean they won't get out.

[LostinVA]

86. LIfe without parole means life without parole

And, NO ONE has a right to say someone doesn't deserve to live... not as a legal sentence. It's murder.

[mumon]

15. I thought that was the founder of the LDS you were referring to...

And he was already dead.

[noonwitch]

17. I'm against the death penalty

But life or death, there's no happy outcome for anyone in this. Killing him won't bring the little girl back, nor will it really give her family that much peace.

I'm just really surprised that a judge in Sarasota, FL, wouldn't sentence a convicted child killer to death. Isn't this the same jurisdiction that gave Pee-Wee jail time for doing what most men do in porno theaters?

[EwokMyWeewok]

18. this is for the noncapital crimes

he is going to get the death penalty for the murder. the jury recommended it, and listening to the judge measure the aggravating and mitigating circumstances, its pretty obvious he is done.

so lets not celebrate freeper head exploding. this isnt one for us.

[wakeme2008]

20. I listened to the Judge and it is the DP

after he reads all his notes...

[RaulGroom]

22. I agree

I'm listening to the judge now. He's basically said the state proved all the aggravating factors beyond a reasonable doubt. It's going to be the death penalty.

I'm opposed to the death penalty in this and all cases, but following the law, the judge is making the correct call here. Obviously this was a heinous murder that shocks the conscience. That's what the death penalty is supposed to be for, despite how misguided I may feel that is.

[Mandate My Ass]

21. These guys are amazing

During a hearing last month, Smith tearfully apologized for his crimes. He told the judge that he took large amounts of heroin and cocaine and tried to kill himself before he abducted Carlie on Feb. 1, 2004.

Smith said he didn't remember much about that day and asked the judge to spare him for the sake of his family.

They never manage to kill themselves, despite the fact that they claim they really, really wanted to. Yet they have much better luck when it comes to killing others.

The drugs did it, not them.

They never remember anything bad they did.

They beg for their lives, but not for personal reasons, to spare their family anguish.

Still, I hope the judge sticks to his guns and gives him life w/o chance of parole.

[lpbk2713]

23. If so, he'll have to stay in isolation for the rest of his life.

Justice among prisoners is a whole 'nother ball game.

[bluestateguy]

24. Hopefully he'll get the death penalty via the other prisoners

Then the prison can say he died in an "accident", tee hee.

[High Plains]

30. That's just about as sick as what Joseph Smith did.

Laugh away.

[bluestateguy]

31. You are kidding right?

The notion that this monster's life would be valued as much as the little girl is what is sick.

[VolcanoJen]

25. Murder verdict in: Joseph Smith Sentenced to Death

... for Murder in the First Degree. Smith was sentenced to Life in Prison Without Possibility for Parole for Kidnapping and Sexual Assault.

Joseph Smith was convicted of abducting, raping and killing 11-year-old Carlie Brucia.

The jury had recommended 10-2 he be sentenced to death.

Will update with link when it emerges.

UPDATE - Link:

Carlie Brucia's Rapist, Murderer Gets Life Sentence

UPDATE 2 - All three verdicts returned

Murder verdict was handed down at 3:24 pm ET. Subject line changed to reflect the most serious penalty.

Brucia's Killer Gets Death Sentence

[bluestateguy]

26. I hope Fred Phelps will pickett HIS funeral

But I'm sure he won't, better he should picket the funeral of some soldier who got blown up in Iraq.

[quaoar]

27. He's a waste of perfectly good oxygen

He deserves to be chained behind a truck and slowly dragged down a gravel road.

[Bridget Burke]

28. Others have followed the procedure you recommended....

They were sure they were right.

[quaoar]

36. Sorry, but

The argument is that you shouldn't sentence someone to death because he might not be guilty and once you execute him it's impossible to reverse the sentence. But it's OK to sentence that same person who might be innocent to life in prison without parole -- even though he will rot in a hellhole for decades? Who is going to take up his case to see that justice prevails? Nobody -- unless his family has money. At least condemned prisoners have teams of dedicated lawyers willing to take their cases on appeal.

The sad and ironic fact of American justice today is that if you are innocent you are much more likely to be eventually exonerated if you are sentenced to death rather than life in prison.

[IntravenousDemilo]

43. No, sorry, but

The argument against the death penalty is that it is a barbaric practice, and those who espouse it are by extension barbarians. Since the state is essentially carrying out a revenge murder on behalf of society, the blood of every executed person, guilty or not guilty, is on the hands of every single citizen. Well, you know, some people don't want blood on their hands. Some absolutely refuse to get blood on their hands. Some might even go so far as to say that getting their hands bloodied by the state is a gross violation of their constitutional rights.

[saigon68]

32. That's hardly a new from of torture

It works well in Texas I hear

[quaoar]

35. Works well everywhere

for scum like Joseph Smith.

[smitty]

33. He's a monster but I oppose the death penalty.

Smith's crime was especially heinous. He should be sentenced to jail for life without hope of parole.

[mandomom]

37. If ever there was an argument for the death penalty, it would be this.

[Renew Deal]

38. He got it.

Figure out these stories. http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2169190

:shrug:

[Tight_rope]

39. This is one case that I truly believe in the death penality...

He should be put to death tonight. Let's not waste an more of the good taxpayers money on this devil.

[Dulcinea]

60. I'm with you.

I believe in the death penalty for heinous crimes. This is as heinous as it gets.

[wakeme2008]

40. I am still against the DP even in this case...

and there is a worst case coming up late this year in Florida.

But still even if this guy is guilty, why waste all that time and money with a trial just to get the DP IMHO Smith confessed to his brother he did this, and I believe he would have taken life without parole to cop a plea. But the DA love spending tons of money just to get the DP.

[Moderator]

41. Note to readers

To clear up any confusion in the headline we did a "backward" combine, ie an older thread was combined with the newer.

[Renew Deal]

42. Is the "backward combine" in the official DU administrators manual?

:D

[Taverner]

45. Although I don't feel sorry for him in the least

I do feel he should not be put to death.

Why? For the victim's family sake. Yes, the victims family. If he lives, he has a chance to make ammends and add closure to their loss. True, he probably wouldn't - but there will be no closure coming from his death.

Read the victim's father's statement for clarification on that.

[FooFootheSnoo]

47. I watched the sentencing for the death penalty part of the sentence

It took forever and the judge went into great detail about what happened. I'm not a big death penalty person, but this guy deserves to die.
One newscaster said the victim's mother is in jail for prostitution and drug charges, was she involved in these things before her daughter's death? I thought that was sad too.

[Commie Pinko Dirtbag]

48. Why do we never hear stories on trials of gruesome killers...

...in Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, or Wisconsin?

[seriousstan]

49. You mean like these mass murderers?

Jimmy Ray Price (3) On March 12, 1997, Jimmy Ray, a Fairbanks, Alaska resident was charged with murdering three fellow boarding house residents because their TV was too loud. Jimmy Ray, 53, shot and killed his three adult neighbors after asking them to turn down their TV. After killing them he walked across the street to a fried chicken restaurant and called 911.

Paul Ely Jr.(3) On October 27, 1996, in a typical fit of love gone sour, Paul Ely Jr. of Anchorage, Alaska, went hunting for his estranged wife leaving three dead and one wounded before killing himself. The suspect first attacked a police officer who was responding to a domestic violence call. After wasting the cop in the hallway of the apartment building where his estranged wife and children lived, Ely shot his wife in the gut, ran to a neighbor's house with his two small children and killed them. Then, committed suicide.

Seely, 40, died about an hour after the shooting. Christina Ely, 27, was hospitalized and is in stable condition. "I had heard that they had just gotten divorced and I know they had been having problems for more than a year because the kids would come to the bus stop and talk about the parents fighting," said one of the neighbors. At the time of the rampage Paul was not living with Christina and the kids.

Larry Buttz (3) On November 5, 1996, Larry Buttz, 41, shot his wife and two children to death in their beds and then killed himself. A resident of Iowa, a month before the murder-suicide, Larry was charged with simple assault after his wife filed a complaint. The dead were identified as Larry's wife, Delane, 38, and their two children, Ryan, 15, and Lindsey, 12 as well as Larry. The house where the shootings took place had worn wicker furniture and shriveled jack-o'-lanterns on the front porch left from Halloween.

[Norwood]

50. Good riddance!

This is a perfect example of why I'm still pro-death penalty. Anyone who gets their jollies raping and killing children dont deserve to be among the living.

[Mad_Dem_X]

58. I totally agree

Child rapists and child killers should be put to death. Period.

[Prisoner_Number_Six]

51. Good.

I hope he dies a slow, agonizing death.

And no, I'm not being sarcastic. That's my real opinion.

[Commie Pinko Dirtbag]

53. What if he dies quickly? Will that annoy you?

Do you think the slowness and agony should be a goal to achieve? Do you think the trend towards lethal injection is being Soft on Crime™? Do you comfort yourself at night with the thought that maybe that method is slow and agonizing after all?

And finally: don't you find it odd that the fact that he lived in a state with DP did exactly squat to deter him?

[Prisoner_Number_Six]

54. I think it should take a year

He should be locked into a room with the victim's relatives, and each one should be given a ball bat. And when he's just about dead they should put him into a hospital to heal. When he's fully healed they should do it all over again.

[Kailassa]

55. That would actually be punishing the victim's relatives.

However much killing seems to be the logical answer, actually doing it is a different thing entirely.

It doesn't matter that this person might deserve to be rare-roasted and then slowly carved live, to actually do the killing is horrendous. And I don't mean from any religious or moral standpoint, I just mean it would feel horrible to have to do that, and actually doing it can change a person.

[Commie Pinko Dirtbag]

56. Some people think the end result of that is good.

Dubya and Rummy, for instance. They want people who kill with glee. They need them. That's why they hate pacifists, people against the DP and generally any display of empathy.

[Commie Pinko Dirtbag]

57. You didn't answer ANY of my questions. -nt

[FooFootheSnoo]

59. I saw Carlie Brucia's grandmother on tv last night

She said she did not want him executed. She said she's not comfortable with the death penalty. She also said if he was sentenced to life in prison today, she could forget about him and get on with her life. But, the appeals process could stretch on for decades. She wants to forget about him and focus on remembering her granddaughter, not Joseph Smith's appeals process.
I don't agree with her, I think he should die. But, I can see how the appeals process is painful.

[Commie Pinko Dirtbag]

61. It's people like that grandma who renew my faith in mankind. -nt

[Commie Pinko Dirtbag]

80. Still no answer

Neither from Prisoner_Number_Six nor from the rest of the Punishist Posse.

Funny what heppens when you invite some people to follow the logical ramifications of their own arguments. They duck.

[Carni]

69. I'm with you on this

I am anti-death penalty in some instances but this is not one of them.

I cannot think of any reason to have this guy hanging around on the planet.

[TX-RAT]

70. My suggestion would be.

He die by the same method he killed her.

[darkism]

66. What a delightfully progressive attitude.

:sarcasm:

[GeorgiaDem69]

67. I'm not sure that

being pro-death penalty means one isn't progressive. I'll admit that I haven't seen a recent progressive creed but there are lots of "progressives" who value positions you might not agree with.

I'm not sure I want to be a "progressive" if I have to walk lock-step with the ideas of some of the folks on this board.

[IntravenousDemilo]

68. It's simple. In this instance, you can be either progressive or barbarian.

It's your choice.

[Bushy Being Born]

75. My choice would be to find a short piece of rope and a tall tree

Then you can sit around and feel progressive and good about yourself all you want, I don't really give a flyin' f in this matter.

No more wasting of tax dollars by going through a regular execution process, just take him outside and that's that. Adiós!

[MrSlayer]

71. This piece of shit should have been dead long ago.

This is one of my pet cases of "open and shut, no doubt about it". This guy is a fucking scumbag of the highest order, is absolutely 1000000% guilty and should've been hanged two years ago.

[truthInCO]

72. People are advocating torture?

Since we all know that our prisons are nothing but Abu-ghraib torture racks, are people wishing a lifetime of beatings, rape, humiliation, and general abuse are best for this man?

Wow. Some draconian views. Death would be mercy.

But then again, some may have a point.

[MrSlayer]

73. If that were to happen, I'd be for it.

But these pedo child murderers get put in Protective Custody away from the justice they so deserve. Personally, I'd like to see him given to the father to do with as he will.

[Beausoir]

76. As a mother.....

I can't imagine the horror and torture that child went through.


This man forfeited his right to life when he raped, tortured and killed that child.

Anyone who defends this animal is insane. Shame on anyone who wastes one second trying to argue in his favor.

[opihimoimoi]

77. We got too many peeps on this lifeboat called Earth...cull the dude

and save food/water/space for the rest of us who gatta work...why should he get free food and rest for the rest of his miserable life?....maybe another 40 years we gatta support the dude... for what....?

In this case...I feel the judge is right...

[Greylyn58]

79. In my younger days, I was for the death penalty,

but I've begun to move away from it as I've gotten older. However, if this horrible excuse is to receive life in prison it should be in solitary confinment. He should never be allowed to mix with the other prisoners--although I've heard that child-killers are at the bottom of the rung in prison because even convicts have kids--his life should be as miserable as possible. After what he did...he deserves nothing less.

[GeorgiaDem69]

84. When I was younger I favored the death penalty

then went through a period where I was against it in all instances. Now, I'm still against it in most cases because of the fact that it isn't evenly administered and is given in cases where there are some questions as to guilt. That said, I have kids and my views on people like this guy -- where guilt isn't in question -- are that they do not deserve to live 1 second longer than the kids they kill.

[nothometoday]

81. God bless the child

FRY his ass........The death penalty was made for just such a case.
I have NO empathy...What so ever.

[mvd]

87. Even in this case, I'm firmly against it

Some people might not see how, but I can't see how you can have the state lower itself to the murderer. When life is prison is given out in these severe cases, I celebrate not for the murderer, but for the system.