GUILTY FL - Carlie Brucia, 11, Sarasota, 1 February 2004

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More than 17 years after 11-year-old Carlie Brucia was abducted and murdered in Sarasota County, the attorney general’s office acknowledged this week that convicted killer Joseph Smith should receive a new sentencing hearing.

In filings Monday at the Florida Supreme Court, the attorney general’s office said rulings last year by justices in other cases require that Smith and four other convicted murderers be resentenced.

The filing in the Smith case was the latest in a series of legal twists in a 2004 murder that drew national attention. A circuit judge in April 2020 resentenced Smith to death, but the Supreme Court subsequently issued rulings in two other cases that called that sentence into question.

In a three-page filing Monday, the attorney general’s office made clear it was begrudgingly acknowledging that Smith’s case should be sent back to circuit court for a new sentencing hearing. The move does not affect Smith’s conviction in the murder and sexual assault of Carlie Brucia.

“While the state feels that it is patently unjust for a resentencing to be required under the circumstances and the state has concerns about the impact of the decision on a trial court’s traditional power to reconsider its prior rulings, the state acknowledges Jackson and Okafor are controlling precedent in this case. Accordingly, this case should be remanded to the trial court to conduct a capital resentencing,” Assistant Attorney General Christina Pacheco wrote, referring to the two cases decided in November by the Supreme Court involving convicted murderers Michael James Jackson and Bessman Okafor.
Brucia killer headed toward new sentencing
 
@PayrollNerd - I haven't seen oviedo around much - and they helped me in looking up this case in Sarasota County
I have his case # as 2004CF002129NC & DOB 3/17/66

Can you see if there is anything coming up - since he will be resentenced? Don't know if it will be under the case # though - I think it would, no?

TIA if you can help! :)
 
Basically is he going to either end up with life or back to death? He can’t get out, can he? I get him mixed up with the man who killed Cherish. Both named Smith. Both Florida. Both make me sick to my stomach.
 
@Sheila Terranova - no he would not get out of prison. It will either be life with or without parole or back to death sentence. He only gets a do-over for the sentencing phase of his case. Like Scott Peterson's case in California. Don't know if you have followed that one?

@PayrollNerd
And thanks a bunch for looking this up for me! Much appreciated. :)
 
Thank you, Niner. (Yes I did regarding Peterson.)
Sure hope he doesn’t get the opportunity for parole, ever, ever, ever.l
Molesting and murdering innocent little children has got to be the worst crime imaginable.
And I’ve read sex crimes are the ones you can’t cure or deter, so if he gets out, ever, he is more than likely to repeat.
Thank you for all your well-informed posts.
 
@PayrollNerd - it's been about a month - just checking to see if there might be a court date yet....

TIA! :)
 
The State Supreme Court docket for the case shows the appelant's response to the state's response to show cause was filed on 3/17, but it's a slow process for the next review step, I think. State Supreme Court docket link: - Florida Supreme Court Docket
 
Kell1 said:
Smith as of November was being investigated for another homicide, the 2000 killing of Tara Reilly

Carlie Brucia’s killer, Joseph Smith, now suspect in Tara Reilly murder
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i had never seen this. I don't read the paper much anymore, more MSN or SNN. It wouldn't surprise me though.
And with the death penalty issue, i've been reading the transcripts again. I still believe there is more to the story on why it was Carlie. The location and how it happened were just too coincidental. I live not far, my daughter was the same age at that time as Carlie so I of course followed the story. I remember bartenders and friends saying Susan knew more than she ever said also. I didn't see it in the transcripts i 've reread but I was sure they were at the bar that day also.

Anyone else think the whole story is not out there?
 
Kakidoll said:
i had never seen this. I don't read the paper much anymore, more MSN or SNN. It wouldn't surprise me though.
And with the death penalty issue, i've been reading the transcripts again. I still believe there is more to the story on why it was Carlie. The location and how it happened were just too coincidental. I live not far, my daughter was the same age at that time as Carlie so I of course followed the story. I remember bartenders and friends saying Susan knew more than she ever said also. I didn't see it in the transcripts i 've reread but I was sure they were at the bar that day also.

Anyone else think the whole story is not out there?
Click to expand...

Wouodnt be surprised if there was even more than that

if youve read anything on the lives of the Smith children , their lives etc.... it wouldn't be out of the realm to expect more crimes
 
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Kell1 said:
Wouodnt be surprised if there was even more than that

if youve read anything on the lives of the Smith children , their lives etc.... it wouldn't be out of the realm to expect more crimes
Click to expand...

I don't think i know much about their upbringing. I'll research it now though, thanks :)

I drive Mcintosh nearly every day, and watching the house over the years, its never been a good situation for anyone who has lived there. I was driving up behind Evies the other day to grab sushi (the back way) and again, no one would go back there 'by accident'. If they do a new sentencing trial, I'm thinking new evidence just might come out... Not that he'll ever get out of jail, thankfully. But he just might throw others under the bus now.
 
I remember when this happened too. I have family in the area but I had not moved here yet. One thing I remember, and I can't provide an MSM link at the moment so just consider it my opinion. But anyway, we had heard that Carlie was a friend of one of his daughters. We were thinking, holy crap, if that is what he did to another family's child, what did he do to his own daughters?!
 
Kakidoll said:
I don't think i know much about their upbringing. I'll research it now though, thanks :)

I drive Mcintosh nearly every day, and watching the house over the years, its never been a good situation for anyone who has lived there. I was driving up behind Evies the other day to grab sushi (the back way) and again, no one would go back there 'by accident'. If they do a new sentencing trial, I'm thinking new evidence just might come out... Not that he'll ever get out of jail, thankfully. But he just might throw others under the bus now.
Click to expand...


Howard Smith, their father , was an abusive and neglectful individual, who would do things like not let his kids wear jackets in winter , now some may say well its Florida......but they grew up in New York .

Howard , or "Smitty" as he was known had 3 kids there are 2 boys Joseph and John , and a sister Rena. Smith Sr. worked at a Marina, he denied his son John was his, and had almost nothing to do with his younger son. He used to tell John that his father was a street sweeper that worked the neighborhood.

John would later be molested for years by a family friend.

One night the father took young Joseph down to the marina to work on a boat, Joseph clad in only a T shirt and jeans, was left to sit on a snow covered dock for hours, his father told his kids not to shower, as the oils in their skin would keep them warm.

That night Smith Sr fell asleep while working inside leaving Joseph outside for hours, that night the same individual who molested John Smith, found Joe huddled and freezing gnawing on raw fish he caught as he hadn't eaten either.

The individual took Joe to Burger King , then a few days later took him to get a hoodie so he could keep warm, it would later be disclosed that this individual also molested Joe Smith, and per family rumblings, so may have Howard Smith.

In early 93 both brothers decided to move to Florida, Joe was struggling with a sever drug habit, and it came to light that he had been molesting his younger sister for the past 7 years.

Joes drug habit was so bad that on the ride down I95 Joe in a stolen Uhaul truck, and John in his mustang, Joe pulled over and traded weights and exercise equipment for heroin.

By the time they got to Venice, Joe was so high he flipped the truck John spun his Mustang around in traffic coming head on to go pick up his brother when he pulled up Joe was standing next to the over turned truck smoking a cigarette, like nothing happened. He jumped in Johns Mustang and the sped off.

John would go on to be a successful businessman, who would later have legal issues of his own, along with bring his molester to justice,

Joe however, fell even more deeply into drugs, using cocaine, heroin and pills daily , add into the mix a severe back injury, he was involuntarily committed to psychiatric care (302 in some states /Baker act in others) over half a dozen times.

By the time he killed Carlie Bruscia, he had prior 13 arrests since 93, and had served a total amount of time of 4 years, combined on probation. However his only prison stint was for writing fake prescriptions.

Smith demonstrated alarming behaviors as a child, when he got mad he would beat his dog, sometimes, hes lure the dog over with the promise of a treat, then he would haul off and punch the dog in the face for no reason. He would also beat the tar out of his younger brother and sister.

In 93, he walked up to a random woman and for no reason, smashed her face in with a motorcycle helmet, in another incident in 1997, he tried to lure a woman into a van saying he was stranded , he was arrested and an illegal firearm, and a knife were found in his possession. Later that year, hed also be accused, of pulling a woman into the bushes near a pool hall, and holding a knife to her throat..Oddly he was acquitted on that charge.

The new charge stems from an incident involving a threesome that was proposed by the John and Tara Reid, at some point during the tryst, Joe became angry when Reid rejected Joe Smith, and laughed and insulted the "size of his manhood". It was said that the same look he shot John in the courtroom while he testified against his brother was the same look he gave Reid as he sat in the corner of the room, watching his brother do what he couldn't.
upload_2021-4-9_20-59-14.jpeg


Guns were stolen during a break in at his brothers business, it was surmised that Joe did it , and one of those guns were used to kill Reid.

There are 3 prevailing theories in Reid's murder, and Joe Smith is indicated in 2 of them, 1 being revenge for the insult or that Joe may have been hired by someone to silence Reid, concerning a rape claim, Reid said occurred while the Smith's and a group visited Disney Orlando

Later Joe would confess to John what he did with Carlie Bruscia, believing his brother wouldn't turn him in.

While in prison other crimes, Smith committed came forth like burning down a house for insurance, money to feed his drug habit .

Even Jeb Bush remarked on Joe Smith wondering how this guy was even on the streets, again systemic failures, and those who refused to see the obvious lead to tragedy
 
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Kell1 said:
Howard Smith, their father , was an abusive and neglectful individual, who would do things like not let his kids wear jackets in winter , now some may say well its Florida......but they grew up in New York .

Howard , or "Smitty" as he was known had 3 kids there are 2 boys Joseph and John , and a sister Rena. Smith Sr. \

Even Jeb Bush remarked on Joe Smith wondering how this guy was even on the streets, again systemic failures, and those who refused to see the obvious lead to tragedy
Click to expand...

Thank you! Quite a read.
 
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