Carlie's Killer Sentenced To Death

By TODD RUGER Sarasota Herald-Tribune

Published: Mar 16, 2006

SARASOTA - Before Circuit Judge Andrew Owens sentenced Joseph P. Smith to die Wednesday, the judge's words recalled what must have been "unspeakable terror" for Smith's victim, Carlie Brucia.

Carlie's stepfather, Steve Kansler, wept as Owens described to the packed courtroom how Smith snatched the 11-year-old girl in front of carwash surveillance cameras Feb. 1, 2004. Her body was found four nights later on the grounds of a nearby church.

Kansler rubbed his eyes during the 90-minute hearing as Owens talked in detail about Smith's weekslong trial in November, when a jury found him guilty of having "rough sex" with her, binding her hands and strangling her.

As Owens sentenced Smith to die, Smith's mother, Patricia Davis, sobbed into a tissue. Kansler looked toward the ceiling in relief.

Davis left the courtroom nearly hysterical immediately after the hearing.

Owens explained to Smith in detail how he weighed the aggravating and mitigating factors in the case: "The scales of justice tilt unquestionably to the side of death."

The ruling was not unexpected. A jury recommended 10-2 that Smith die for the crimes. Owens was required to give that recommendation "great weight."

Carlie's parents were not there to hear the sentence. Her father did not come in from New York, and her mother remains in Pinellas County jail on cocaine possession charges.

No Comfort For Family

Kansler said he would execute Smith if they would let him, but having his stepdaughter's killer on death row didn't bring him any comfort.

"I thought I'd feel different, but I still hurt," he said. "Now it's just a matter of time to wait to watch Joseph Smith die."

Carlie's aunt, Laurie Brucia, said it was a hollow victory.

"A lot of people want to ask me if I'm happy with the verdict," she said. "I have to say I don't think you're ever happy. Happy would be having Carlie beside me and giving her a hug and a kiss and watching her grow up and celebrating her 13th birthday, which will never happen. That would be happiness."

Smith's attorney, Assistant Public Defender Adam Tebrugge, said the sentencing isn't the end.

"If Joseph Smith had been sentenced to life in prison, this would have been the end of it," he said. "Now the terrible facts of this case will be endlessly rehashed in legal opinions and law books," Tebrugge said.

Prosecutor Debra Johnes Riva said that of any case, Smith's deserved the death penalty.

"This is a case people can have confidence in the death penalty and have confidence the right person was convicted," Riva said.

Owens agreed, telling Smith that the aggravating circumstances - Smith's previous felony convictions, Carlie's age and the capital felony being especially heinous, atrocious or cruel - "far outweigh" any mitigating circumstances.

Members of the jury were glad to hear Owens agree so strongly with their decision.

"It was tough having his mother right in front of me," said juror Kande Hansen, who attended the sentencing with three other jurors. "We were all waiting to hear Judge Owens."

Actions 'Purposeful, Deliberate'

He cut through Smith's argument that he was so depressed on the day of the murder that he wanted to die. Smith also argued he was high on cocaine that night.

Owens found Smith's actions were "purposeful, deliberate and planned" and that he took "systematic steps" to avoid detection. He pointed to witnesses who said Smith acted normally that day.

"His actions reveal that he valued the chance of living the rest of his life outside of prison walls far above the life of an innocent 11-year-old child," Owens said.

Smith was also sentenced to life in prison without the chance of parole for the kidnapping and rape.

Smith said he was on cocaine when a surveillance camera taped him abducting Carlie behind a carwash on Bee Ridge Road a little more than two years ago.

That snippet of videotape, and the discovery of Carlie's body several days later, captivated the nation and outraged the community.

Smith, 39, an unemployed auto mechanic and convicted drug abuser, had tearfully apologized for the crime. He asked Owens to spare his life.

Smith entered the courtroom Wednesday with a slight smile. He left without looking back at his family.