Carlie Brucia
Encyclopedia
Carlie's Law was a US Congressional bill introduced by Representative
Katherine Harris
(R-FL), with the support of Nick Lampson
(D-TX) and Marsha Blackburn
(R-TN) in response to the kidnapping
, rape and murder of 11-year-old Carlie Brucia by Joseph P. Smith, who was released on probation
at the time of Carlie's murder. He was released from state prison 13 months prior.
The amendment to existing law was intended to toughen parole rules for sex offender
s and also notify non-custodial parents when there is criminal activity near their child's home.
Partly for this reason, Joseph Brucia, the child's father, approved of making the law in her name, although he concedes this law would not have applied to her specific case, since the charges for which Smith was on probation were not the sexual offenses this law targets. His focus was on future similar, but not identical, cases.
The bill failed to pass before the end of the 2004 session. Harris committed to re-introduce the bill in 2005, but no further information has been made available.
d and murder
ed by Joseph P. Smith after being kidnapped
from a car wash
near her home in Sarasota, Florida
on February 1, 2004, while returning from a sleepover
at a friend's house. She was reported missing by her mother, Susan Schorpen, and her stepfather, Steven Kansler, within a half hour of her abduction.
The kidnapping case became famous after a surveillance video showing the girl surfaced. The video, taken from a security camera located behind a car wash, films Carlie being confronted by a man, later identified as Joe Smith, who then grabbed her arm and led her away toward a Buick that was spotted on another camera. The video was shown nationwide and spurred a massive manhunt for the abductor.
The story gained national media attention in large part because Brucia's abduction was recorded by a surveillance camera. The tape shows her being approached by a man who seemed to be in his late 20s or early 30s. They apparently had a short conversation, after which he grabbed her by the arm and took her away. The FBI and NASA joined in the efforts to find Brucia and the man seen with her on the videotape. NASA researchers used advanced image processing technology to enhance the recording by reducing image jitter.
At least two informants called police, having recognized Smith from the television broadcasts of the security camera tape. Smith was already in custody at the time, having been arrested on February 3 on an unrelated parole violation. Smith refused to speak with investigators about Brucia's abduction until February 5, when he revealed where he had hid her body, behind a nearby church.
and capital sexual battery
were also filed by Sarasota County prosecutors. The trial started November 7, 2005 in Sarasota. On November 17, 2005 at 3:24PM, the jury announced their verdict, that Smith was guilty as charged. On December 1, 2005, the jury, by a vote of 10 to 2, returned a recommendation for the death penalty. On March 15, 2006, the day before what would have been Carlie's fourteenth birthday, he was sentenced to two terms of life imprisonment on the charges of sexual battery and kidnapping, and was sentenced to death by lethal injection for murder. The judge in the case was Circuit Court Judge Andrew D. Owens. In October 2011, at the start of the Court's term, the U.S. Supreme Court (which had earlier rejected an appeal from Smith in June 2011), responded to a federal claim filed by Smith saying his right to confront witnesses at trial was violated when prosecutors introduced DNA evidence against him. It asked the state of Florida to give an official response. A panel of legal experts talking about the forensic work did not include the lab technician who actually performed the test. State courts have been at odds on whether such non-testimonial evidence is acceptable, particularly in capital cases. The Justices last week accepted review of a case from Illinois raising similar issues, though the state of Illinois itself no longer uses the death penalty.
The case is Smith v. Florida (09-10755).
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Katherine Harris
Katherine Harris
Katherine Harris is an American Republican politician, former Secretary of State of Florida, and former member of the United States House of Representatives. Harris won the 2002 election to represent Florida's 13th congressional district in the U.S. House of Representatives. She held that post...
(R-FL), with the support of Nick Lampson
Nick Lampson
Nicholas Valentino 'Nick' Lampson is an American politician from the state of Texas and was a Congressman representing the 22nd Congressional District of Texas. He was defeated by Pete Olson on November 4, 2008 in his re-election bid....
(D-TX) and Marsha Blackburn
Marsha Blackburn
Marsha Wedgeworth Blackburn is the U.S. Representative for , serving since 2003. She is a member of the Republican Party. The district stretches from the suburbs of Nashville to the suburbs of Memphis.-Early life, education and career:...
(R-TN) in response to the kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, rape and murder of 11-year-old Carlie Brucia by Joseph P. Smith, who was released on probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
at the time of Carlie's murder. He was released from state prison 13 months prior.
The amendment to existing law was intended to toughen parole rules for sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
s and also notify non-custodial parents when there is criminal activity near their child's home.
Partly for this reason, Joseph Brucia, the child's father, approved of making the law in her name, although he concedes this law would not have applied to her specific case, since the charges for which Smith was on probation were not the sexual offenses this law targets. His focus was on future similar, but not identical, cases.
The bill failed to pass before the end of the 2004 session. Harris committed to re-introduce the bill in 2005, but no further information has been made available.
Background
Carlie Jane Brucia (March 16, 1992 – February 1, 2004) was rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
d and murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ed by Joseph P. Smith after being kidnapped
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
from a car wash
Car wash
A car wash or auto wash is a facility used to clean the exterior and, in some cases, the interior of motor vehicles.- Categories :...
near her home in Sarasota, Florida
Sarasota, Florida
Sarasota is a city located in Sarasota County on the southwestern coast of the U.S. state of Florida. It is south of the Tampa Bay Area and north of Fort Myers...
on February 1, 2004, while returning from a sleepover
Sleepover
A sleepover, also known as a pajama party or a slumber party, is a party most commonly held by children or teenagers, where a guest or guests are invited to stay overnight at the home of a friend, sometimes to celebrate birthdays or other special events...
at a friend's house. She was reported missing by her mother, Susan Schorpen, and her stepfather, Steven Kansler, within a half hour of her abduction.
The kidnapping case became famous after a surveillance video showing the girl surfaced. The video, taken from a security camera located behind a car wash, films Carlie being confronted by a man, later identified as Joe Smith, who then grabbed her arm and led her away toward a Buick that was spotted on another camera. The video was shown nationwide and spurred a massive manhunt for the abductor.
Arrest
On February 6, police announced that Smith, a 37-year-old father of three and car mechanic with a long list of arrests for drug-related charges and one for kidnapping and false imprisonment, was in custody as the primary suspect. In the same announcement, the police confirmed that Smith's car, a beige 1992 Buick Century, was involved in the crime.The story gained national media attention in large part because Brucia's abduction was recorded by a surveillance camera. The tape shows her being approached by a man who seemed to be in his late 20s or early 30s. They apparently had a short conversation, after which he grabbed her by the arm and took her away. The FBI and NASA joined in the efforts to find Brucia and the man seen with her on the videotape. NASA researchers used advanced image processing technology to enhance the recording by reducing image jitter.
At least two informants called police, having recognized Smith from the television broadcasts of the security camera tape. Smith was already in custody at the time, having been arrested on February 3 on an unrelated parole violation. Smith refused to speak with investigators about Brucia's abduction until February 5, when he revealed where he had hid her body, behind a nearby church.
Trial
On February 20, Smith was indicted for first-degree murder and charges of kidnappingKidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
and capital sexual battery
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
were also filed by Sarasota County prosecutors. The trial started November 7, 2005 in Sarasota. On November 17, 2005 at 3:24PM, the jury announced their verdict, that Smith was guilty as charged. On December 1, 2005, the jury, by a vote of 10 to 2, returned a recommendation for the death penalty. On March 15, 2006, the day before what would have been Carlie's fourteenth birthday, he was sentenced to two terms of life imprisonment on the charges of sexual battery and kidnapping, and was sentenced to death by lethal injection for murder. The judge in the case was Circuit Court Judge Andrew D. Owens. In October 2011, at the start of the Court's term, the U.S. Supreme Court (which had earlier rejected an appeal from Smith in June 2011), responded to a federal claim filed by Smith saying his right to confront witnesses at trial was violated when prosecutors introduced DNA evidence against him. It asked the state of Florida to give an official response. A panel of legal experts talking about the forensic work did not include the lab technician who actually performed the test. State courts have been at odds on whether such non-testimonial evidence is acceptable, particularly in capital cases. The Justices last week accepted review of a case from Illinois raising similar issues, though the state of Illinois itself no longer uses the death penalty.
The case is Smith v. Florida (09-10755).
External links
- H.R. 4150(108): Carlie's Law - Full text of the bill and its current status.
- Court TV complete coverage of the Joseph Smith murder trial
- National Center for Missing & Exploited Children
- CCTV Images
- Criminal justice system failed Carlie Brucia