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

[SeesSeas]

http://www.tampabay.com/news/courts...er-caught-on-tape-to-be-resentenced_167052428

Carlie Brucia’s killer, caught on tape, to be resentenced

[FONT=&amp][FONT=&amp]Associated Press
[/FONT]Published: April 5, 2018
Updated: April 5, 2018 at 02:59 PM
[/FONT][FONT=&amp]
TALLAHASSEE — A Florida man on death row for kidnapping, raping and killing 11-year-old Carlie Brucia in a case that captured the nation’s attention will get a new sentencing hearing.
The Florida Supreme Court on Thursday ordered a hearing for Joseph Smith because the jury that recommended the death sentence in March 2006 wasn’t unanimous.
[...]

[/FONT]

 

[Figbarinc]

I know I am real late to this ballgame. What makes me sick is the attitude that what one wears was anyone's excuse for being sexually assaulted. When you make statements like this then you just perpetuate the "Rape Culture". It was horrible what happened to Carlie. The person to blame was sicko Joseph Smith. He was the adult her in age only. Unlike animals Adults are in control of their actions and emotions. It was not the drugs he chose out of some dark, perverted reason to not only sexually but ultimately physical harm that led to Carlie's death. She was not to be blamed one bit

 

[Niner]

Is this an old article? Thought he was already sentenced - or at least what I can read from this.
Temporary resentencing date set for man who murdered Carlie Brucia

can someone give a 10% synopsis of this article?

All I can read is SARASOTA COUNTY, FL (WWSB) - The man convicted of kidnapping, raping and murdering 11-year-old Carlie Brucia could be resentenced as soon ...

 

[SeesSeas]

Is this an old article? Thought he was already sentenced - or at least what I can read from this.
Temporary resentencing date set for man who murdered Carlie Brucia

can someone give a 10% synopsis of this article?

All I can read is SARASOTA COUNTY, FL (WWSB) - The man convicted of kidnapping, raping and murdering 11-year-old Carlie Brucia could be resentenced as soon ...

It's a new article.
Temporary resentencing date set for man who murdered Carlie Brucia

• Oct 16, 2018

SARASOTA COUNTY, FL (WWSB) - The man convicted of kidnapping, raping and murdering 11-year-old Carlie Brucia could be resentenced as soon as October 2019.

The Florida Supreme Court tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death.

Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be resentenced.

[...]

 

[Niner]

Here's what the court site has:

11/20/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

12/11/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

link: ClerkNet 3.0

 

[SeesSeas]

Here's what the court site has:

11/20/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

12/11/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

link: ClerkNet 3.0

There will likely be a Case Management hearing every month or so until the resentencing date.

Temporary resentencing date set for man who murdered Carlie Brucia
[...]
In a hearing on Tuesday, Judge Charles Roberts set a temporary resentencing date for October 2019. The defense was pushing for a date in Spring 2020. The prosecution preferred the resentencing to be in fall of 2019, but said they were OK with doing it in early 2020.

Honorable Roberts ruled there was no need to push the resentencing case back that far since the ruling was made six months ago, and there's still a year for both sides to prepare.
[...]

ClerkNet 3.0
Case Number: 2004 CF 002129 NC
SMITH, JOSEPH PETER (DOB - 03/17/1966)
11/20/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
12/11/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

 

[Niner]

Tuesday, Nov. 20th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Next Case Management hearing is 11/20 & 12/11.

 

[Niner]

11/20/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
12/11/2018 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

link: ClerkNet 3.0


Anyone see anything about yesterday's hearing? TIA!

 

[Niner]

Tuesday, Dec. 11th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Next Case Management hearing is 12/11.

 

[SeesSeas]

CASE MANAGEMENT hearings are scheduled for every month next year (2019):
ClerkNet 3.0
Case Number: 2004 CF 002129 NC
SMITH, JOSEPH PETER (DOB - 03/17/1966)

01/22/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
02/12/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
03/12/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
04/23/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
05/21/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
06/18/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
07/09/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
08/13/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
09/24/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
10/22/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
11/12/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
12/10/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

12/11/2018 APPEARANCE RECORD CONTINUANCE 1
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 12/10/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 11/12/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 10/22/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 09/24/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 08/13/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 07/09/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 06/18/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 05/21/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 04/23/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 03/12/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 02/12/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/11/2018 CRIMINAL - CASE MANAGEMENT SET FOR 01/22/2019 AT 10:00 AM IN 3B , JDG: ROBERTS, CHARLES E 0
12/10/2018 ORDER FOLLOWING CASE MANAGEMENT CONFERENCE 2
12/10/2018 ORDER SETTING CASE(S) ON MAJOR CASE MANAGEMENT DOCKET

 

[Niner]

Ah - you beat me to it SeesSeas! Thanks!

 

[SeesSeas]

Ah - you beat me to it SeesSeas! Thanks!

I *try* to keep up with the court docket for the cases that you track, especially the ones you can't access.
I don't keep track of the cases as regularly as you, so your occasional nudge lets me know to post the dockets.

 

[Niner]

I *try* to keep up with the court docket for the cases that you track, especially the ones you can't access.
I don't keep track of the cases as regularly as you, so your occasional nudge lets me know to post the dockets.

and

SeesSeas - very much appreciated!

 

[Niner]

Tuesday, January 22nd:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith (52) indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Next Case Management hearing is 12/11. 12/11/18: continued: Case Management hearings set for 1/22, 2/12, 3/12, 4/23, 5/21, 6/18, 7/19, 8/13, 9/24, 10/22, 11/12 & 12/10/19.

 

[Figbarinc]

Will this just be a re-sentencing by a judge or will he have to go before a new jury and a new trial? This sicko should be taking a dirt nap! Now his constitutional reviews will go on forever. He will just die in prison instead of the state being able to met out the justice he deserves!

 

[Niner]

No new trial - just a "re-sentencing" part - will be assumed guilty. Don't know whether before just a Judge or with a jury - sorry...

 

[Niner]

Tuesday, February 12th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
Sarasota County Case# 2004CF002129NC
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Next Case Management hearing is 12/11. 12/11/18: continued: Case Management hearings set for 1/22, 2/12, 3/12, 4/23, 5/21, 6/18, 7/19, 8/13, 9/24, 10/22, 11/12 & 12/10/19.

 

[Niner]

Tuesday, March 12th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
12/11/18: Case Management hearings set for 3/12, 4/23, 5/21, 6/18, 7/19, 8/13, 9/24, 10/22, 11/12 & 12/10/19.

 

[Niner]

Here's what's been happening from the docket:

Docket Date Description Pages Image
3/12/2019 APPEARANCE RECORD 1

2/14/2019 ORDER FOLLOWING CASE MANAGEMENT CONFERENCE 1

2/12/2019 NOTICE OF WAIVER OF APPEARANCE AT MOTION HEARING 1
2/12/2019 NOTICE OF WAIVER OF APPEARANCE AT CASE MANAGEMENT 1
2/12/2019 APPEARANCE RECORD CONTINUANCE 1
2/12/2019 NOTICE WAIVER OF APPEARANCE AT MOTION HEARING 1
2/12/2019 NOTICE WAIVER OF APPEARANCE AT CASE MANAGEMENT 1

2/12/2019 COURT EVENT SET EVENT: CRIMINAL - MOTION HEARING DATE: May 24 2019 1:30PM JUDGE: ROBERTS, CHARLES E LOCATION: JACS 0

2/8/2019 MOTION FOR SPECIAL JURY VERDICT FORM 4

2/7/2019 ACTION: MOTION FOR SPECIAL JURY WAS EMAILED TO JUDGE ROBERT JA. FOR THE JUDGE TO REVIEW 0

2/4/2019 MOTION FOR INDIVIDUAL VOIR DIRE REGARDING DEATH QUALIFICATION, PRETRIAL PUBLICITY AND HARDSHIP 2

1/30/2019 MOTION FOR JURY QUESTIONNAIRE 6

1/24/2019 ORDER FOLLOWING CASE MANAGEMENT CONFERENCE 2

1/22/2019 APPEARANCE RECORD 1

1/16/2019 ACTION: EMAILED MOTION TO STRIKE DEATH PENALTY BASED UPON LACK OF STATUTORY EVIDENCE TO JUDICIAL ASSISTANT FOR JUDGE ROBERTS FOR REVIEW 0
1/16/2019 MOTION TO STRIKE DEATH PENALTY BASED UPON LACK OF STATUTORY EVIDENCE

link: ClerkNet 3.0

Next hearing 4/23.

 

[Niner]

Tuesday, April 23rd:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Next Case Management hearing is 12/11. 12/11/18: continued: Case Management hearings set for 4/23, 5/21, 6/18, 7/19, 8/13, 9/24, 10/22, 11/12 & 12/10/19. 3/12/19 Update: Additional Motions hearing on 5/24 re Motion for special jury verdict form 4 & Motion for individual voir dire regarding death qualification, pretrial publicity & hardship.