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

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Tuesday, May 21st:
*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, 7/9, 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.
 
State to seek death penalty in re-sentencing for man who kidnapped, raped 11-year-old Carlie Brucia of Sarasota


SARASOTA, Fla. (WWSB) - The State of Florida plans to pursue the death penalty against the man convicted of abducting, raping and killing an 11-year-old Sarasota girl.

Joseph Smith was convicted of the February 2004 murder of Carlie Brucia. The case drew national attention after surveillance video showed a man, later identified as Smith, taking Brucia from behind a car wash on Bee Ridge Road.
[.....]
Smith was found guilty in 2006 of abducting, raping and killing her. A jury voted 10-2 to sentence him to death.
[......]
Adam Tebrugge, Smith’s defense attorney from the 2004 case, said, "It appears almost certain that Joseph Smith’s death sentence will be reversed and his case will go back to Sarasota County for a new re-sentencing trial.”

That re-sentencing trial is moving forward and Smith is due in court on Friday for a motion hearing. Recent documents filed by the State of Florida make it clear that they will be seeking the death penalty in this case, arguing that there are several aggravating factors to the murder, including:.....
 
Friday, May 24th:
*Motions Hearing re Sentencing (@ 1:30pm 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 5/21, 6/18, 7/9, 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.
5/21/19 Update: DA will seek death penalty in retrial case.
 
State allowed to proceed with death penalty in Brucia case

......a hearing in which a public defender presented a series of motions as to why the state should not be allowed to seek the death penalty against Joseph Smith for the brutal kidnapping and murder of 11-year-old Carlie Brucia in 2004, a case that drew national attention after the abduction was captured on camera at a Sarasota car wash.

Judge Charles Roberts denied each of the motions presented, paving the way for the state to once again seek the death penalty against Smith at resentencing.
[.....]
Smith was convicted of Brucia’s murder and sentenced to death by a 10-2 jury vote. In 2018, the Florida Supreme Court ruled Smith was eligible for resentencing as jury recommendations must be unanimous.

Assistant State Attorney Karen Fraivillig, the lead prosecutor for the case, said it is possible Smith’s resentencing could take place sometime in October.
[.....]
Smith waived his right to appear in court and was not present for Friday’s hearing.
[.....]
Schorpen [Carlie's mom] died on April 10, 2017 of a suspected drug overdose.
[.....]
The next event for Smith is a case management date on June 18.
 
Tuesday, June 18th:
*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.
Case Management hearings set for 6/18, 7/9, 8/13, 9/24, 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
5/21/19 Update: DA will seek death penalty in retrial case. 5/24/19: Court allows State to proceed with death penalty. Next Case Management hearing on 6/18.
 
State files motion to delay resentencing in Carlie Brucia murder case


SARASOTA, Fla. (FOX 13) - Joseph Smith was convicted in 2006 of kidnapping, raping and killing young Carlie Brucia. He was sentenced to death, but following a change in Florida law, a judge ruled that his seat on death row be re-visited.

On Thursday, attorneys on both sides will ask the judge for more time to prepare for a new sentencing trial.


Okay the above article was before his hearing.

Here's article I believe "might" be after the hearing - but dang if I can access it here. :mad:

Lawyers want to delay new sentencing trial for man convicted of killing girl


and wondering if the 7/9 hearing might be mentioned in there too - as I have that as next hearing date.

TIA! :)
 
Docket:
6/20/2019 1038 APPEARANCE RECORD 1

6/19/2019 1037 NOTICE OF HEARING 1

6/19/2019 1036 STATE'S MOTION TO STAY PROCEEDINGS AND / OR CONTINUE RE- SENTENCING HEARING 2

6/19/2019 1035 COURT EVENT SET EVENT: CRIMINAL - MOTION HEARING DATE: Jun 20 2019 1:15PM JUDGE: ROBERTS, CHARLES E LOCATION: JACS 0

6/18/2019 1034 APPEARANCE RECORD


Court dates:

06/20/2019 01:15 PM COURTROOM 3B CRIMINAL - MOTION HEARING HEARING HEARD (Criminal)

07/09/201910:00 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

link: ClerkNet 3.0

and: ClerkNet 3.0
 
Niner said:
Here's article I believe "might" be after the hearing - but dang if I can access it here. :mad:
Lawyers want to delay new sentencing trial for man convicted of killing girl
and wondering if the 7/9 hearing might be mentioned in there too - as I have that as next hearing date.
Click to expand...
Brief article was published before the Thursday hearing, and then updated after the hearing (with no apparent 'updated' information). o_O No 'next hearing' date in article:
Lawyers want to delay new sentencing trial for man convicted of killing girl
Published: 7:08 AM EDT June 20, 2019
Updated: 5:56 PM EDT June 20, 2019
Lawyers will ask a judge Thursday for more time to prepare a new sentencing trial for a Florida man on death row for kidnapping, raping and killing 11-year-old Carlie Brucia.
[...]
 
Thanks a bunch SeesSeas! I looked at the court site after I posted that - wondering about the 7/9 date.... :rolleyes:
 
Tuesday, July 9th:
*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.
Case Management hearings set for 7/9, 8/13, 9/24, 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
5/21/19 Update: DA will seek death penalty in retrial case. 5/24/19: Court allows State to proceed with death penalty. Next Case Management hearing on 6/18. 6/18/19: Both sides file oral motion to delay re-sentencing. The Florida Supreme Court is accepting briefs with information and arguments about the validity of retroactive resentencing. The decision, which Fraivillig said will likely take several months, could impact many death row cases in the state. This decision could determine if Smith is entitled to a new sentencing. “Everything is contingent on the Supreme Court decision,” she said. Fraivillig said the judge agreed to remove the trial from the October docket, but told both attorneys to continue to prepare for the case, awaiting the Florida Supreme Court’s decision. Next hearing on 7/9.

 
ClerkNet 3.0
Case Number: 2004 CF 002129 NC
SMITH, JOSEPH PETER (DOB - 03/17/1966)

Case Events
Date Time Location Description
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

Case Docket
6/21/2019 1040 ORDER ON "STATE'S MOTION TO STAY PROCEEDINGS AND/OR CONTINUE RESENTENCING HEARING"
upload_2019-7-9_12-50-25.png
 
Tuesday, August 13th:
*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.
Case Management hearings set for 8/13, 9/24, 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
7/9/19 Update: Smith waived his right to be in court. State's motions to stay proceedings and/or Continue resentencing hearing filed 6/19/19. Retrial of penalty phase to commence 10/14/19. Will await outcome of Owen v. State, Case #SC18-810. All court hearings will proceed as scheduled so will be prepared for ruling on above case. Next hearing 8/13.
 
Docket - images:

At the CMC the parties acknowledged that the anticipated retrial of a penalty phase in this case is on hold pending the Florida Supreme Court's decision in owen vs Sate, Case #SC18-810. Franklin Roberts says he has "kind of taking over Mr. Smith's case" and needs to get up to speed. Next Case management hearing on 9/24 @ 10am.

Hearings:
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

link: ClerkNet 3.0
 
Hello - I shall be leaving on a Holiday to California!! And won't be around WS for at least 2 weeks (9/18 thru 10/2). So am going to post the hearing/trial that is coming up the following week while I am gone. Please keep 'good' notes while I'm gone! LOL! I will definitely be way behind on all my cases I'm following.... but will try & peek in mid-way thru my vacation.


Tuesday, September 24th:
*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.
Case Management hearings set for 9/24, 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
5/21/19 Update: DA will seek death penalty in retrial case. 5/24/19: Court allows State to proceed with death penalty. Next Case Management hearing on 6/18. 6/18/19: Both sides file oral motion to delay re-sentencing. The Florida Supreme Court is accepting briefs with information and arguments about the validity of retroactive resentencing. The decision, which Fraivillig said will likely take several months, could impact many death row cases in the state. This decision could determine if Smith is entitled to a new sentencing. “Everything is contingent on the Supreme Court decision,” she said. Fraivillig said the judge agreed to remove the trial from the October docket, but told both attorneys to continue to prepare for the case, awaiting the Florida Supreme Court’s decision. Next hearing on 7/9.
7/9/19 Update: Smith waived his right to be in court. State's motions to stay proceedings and/or Continue resentencing hearing filed 6/19/19. Retrial of penalty phase to commence 10/14/19. Will await outcome of Owen v. State, Case #SC18-810. All court hearings will proceed as scheduled so will be prepared for ruling on above case. Next hearing 8/13.
8/13/19 Update: Defense presence waived. At the CMC the parties acknowledged that the anticipated retrial of a penalty phase in this case is on hold pending the Florida Supreme Court's decision in owen vs Sate, Case #SC18-810. Franklin Roberts says he has "kind of taking over Mr. Smith's case" and needs to get up to speed. Next Case management hearing on 9/24.

 
if it goes to resentencing.. someone please tag me and i'll go to court. I am in Sarasota.
 
Kakidoll said:
if it goes to resentencing.. someone please tag me and i'll go to court. I am in Sarasota.
Click to expand...

Have until December for the case management hearings to end. I'll try & remember to tag you! :)
 
Tuesday, October 22nd:
*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.
Court info from 5/21/19 thru 8/13/19 reference post #874 here:
GUILTY - FL - Carlie Brucia, 11, Sarasota, 1 February 2004
Case Management hearings set for 9/24, 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.



@Kakidoll - you wanted me to "tag" you.... :)
 
Thank you. I will try to be there for retrial, if it goes that far.
 
ClerkNet 3.0
ClerkNet 3.0
Case Number: 2004 CF 002129 NC
SMITH, JOSEPH PETER (DOB - 03/17/1966)

Case Events
Date Time Location Description
11/12/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT
12/10/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

Case Docket
Docket Date DIN Description Pages Image
10/22/2019 1050 APPEARANCE RECORD CONTINUANCE
 
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