A death sentence case has been vacated in Florida - for now.
- Sentencing from death penalty case from 2004 to be reheard
- Joseph Smith was found guilty of murdering Carlie Brucia, 11
- Gov. Scott signed new legislation requiring a unanimous vote by a jury to impose death penalty
This one is linked to a 2004 abduction, sexual battery and murder of an 11-year-old girl from Sarasota.
The man convicted, Joseph Smith was found guilty by a jury in 2005. That jury later voted 10-2 that Smith should be sentenced to death. The sentencing phase will be rescheduled.
Carlie Brucia was walking home from a friend’s house on Feb. 1, 2004, when Smith abducted her as she passed the back of Evie’s Car Wash, 4715 Bee Ridge Road in Sarasota. The car wash’s video surveillance system captured the abduction and was key evidence against Smith. Her body was found a few days later.
In March, Gov. Rick Scott signed new legislation requiring a unanimous vote by a jury in order to impose the death penalty.
Last week, Circuit Judge Charles E. Roberts issued an order vacating Smith’s death sentence, but denying that he be given a life sentence instead.
“The court finds, particularly since defendant Smith’s death sentence became final after Ring was decided and he even raised a pretrial claim that the Florida death penalty statute was unconstitutional under Ring, the constitutional principles (determined in Hurst vs. Florida) apply retroactively in this case,” Roberts wrote in the order.
The state had argued that a rational jury would have unanimously sentenced Smith to die, since they unanimously found him guilty of the murder as well as found there were sufficient aggravating factors because they also found him guilty of the kidnapping and rape.
The state also still has the authority to re-seek the death penalty under the new law.
No date has been set yet for the new penalty phase.