Evidence up in air in Carlie case (Little girl murdered in Sarasota)

Sarasota Herald Tribune ^ | Oct 14, 2005 | TODD RUGER

[ryan71]

Smith's defense attorney wants the judge to throw out a car wash surveillance videotape showing Carlie Brucia's abduction. He has also asked Circuit Judge Andrew Owens to ban Smith's jailhouse confession to his brother and to prevent prosecutors from telling the jury that Smith was in jail on a probation violation days before he was charged with the murder.

[DB]

Somebody explain to me again why I shouldn't hate lawyers...

[Semper Paratus]

If he gets him off and I was a relative of that poor girl I want him defending me after I do 'justice' to the murderer.

[Blood of Tyrants]

Standard defense strategy. Make up some grounds to have the evidence thrown out.

[Old Grumpy]

"Somebody explain to me again why I shouldn't hate lawyers..."

I can't think of a reason NOT to hate them. Especially in this particular case.

[mbynack]

We wouldn't want the jury to see actual video footage of the abduction. It might prejudice the jury against the murderer.

I sat on a jury for a DWI a few years ago. The police had video of the car showing that the driver was driving erratically. They also had video of the field sobriety test and of the Breathalyzer test being administered at the police station. The defense attorney had all the video evidence thrown out. I'm baffled as to why the jury wasn't allowed to see actual video of the crime.

[mbynack]

Do you know where they teach vampires to suck blood?

Law School.

[Old Grumpy]

Vampires/Bloodsuckers/Lawyers: all the same.

[cgk]

Smith's mother, Patricia Davis, was the one who elicited his confession, not his brother, Riva said.

"The mother is the one who says, 'Tell me where the girl is,' over and over until he admits what he'd done," Riva said.

Prosecutors said that Joseph Smith, 39, admitted abducting, raping and killing the 11-year-old girl.

Davis and John Smith first lied to police, telling them the suspect hadn't told them anything at the Sarasota County jail, Riva said.

"John Smith decided at that point to side with his brother," she said. "Blood was thicker than water at that point."

The pair looked for Carlie's body before telling police that Joseph Smith had confessed and letting them know where to find the body, she said.

---

I hope the judge takes the above into account. The family tried to find her body first! Sick.

[Hatteras]

I'm actually very surprised that defense attorneys aren't targeted more frequently in such cases. (Especially obvious child murder and molestation cases)

[cgk]

In memory of Carlie Brucia, that she and her family receive justice.

[Designer]

"I'm baffled as to why the jury wasn't allowed to see actual video of the crime."

The Prosceutor probably neglected to obtain permission.

Unfortunately, the County Prosecutor is not always the sharpest knife in the drawer in important cases.

[MarineBrat]

I've seen this video myself. It was all over the news back after it happened. There's no doubt in my mind that this man murdered this young person.

Sure, I'll cut him a deal...

[agrace]

I remember this case. Can't imagine on what grounds the defense could hope to have the video thrown out, and the article didn't say.

[Aaron0617]

Just bumping this up, no need to create another thread. I see the trial is underway.

So...I was wondering if anyone is closely following the trial and if there is a chance this guy can get away with this? I see his lawyer is saying that isn't him in the video.

[swissarmyknife]

See http://www.cnn.com/2005/LAW/11/10/video.abduction.ap/index.html

Electric chair/hanging is far too gentle... *smolders with rage*

[half-cajun]

The defense argument is silly. The defense attorney is saying that the defendant's brother lied and said the defendant committed a murder that he didn't really commit because the brother was mad that the defendant stole a PLUMBING TOOL.