Carlie's Law
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Carlie's Law was a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
introduced in the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
by
Representative Representative may refer to: Politics * Representative democracy, type of democracy in which elected officials represent a group of people * House of Representatives, legislative body in various countries or sub-national entities * Legislator, som ...
Katherine Harris Katherine Harris (born April 5, 1957) is a former American politician. A Republican, Harris served in the Florida Senate from 1994 to 1998, as Secretary of State of Florida from 1999 to 2002, and as a member of the United States House of Represe ...
(R-FL), with the support of
Nick Lampson Nicholas Valentino Lampson (born February 14, 1945) is an American politician and restaurateur who is a former Democratic Congressman representing the 22nd Congressional District and the 9th Congressional District of Texas. Early life, ed ...
(D-TX) and
Marsha Blackburn Mary Marsha Blackburn (née Wedgeworth; born June 6, 1952) is an American politician and businesswoman serving as the senior United States Senate, United States senator from Tennessee, a seat she has held since 2019. She is a member of the Repu ...
(R-TN), in response to the
kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
of 11-year-old Carlie Brucia by Joseph P. Smith in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
in February 2004. Smith was on
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
at the time of Brucia's murder, having been released from
state prison This is a list of U.S. state prisons (2010) (not including federal prisons or county jails in the United States or prisons in U.S. territories): * Alabama * Alaska * Arizona * Arkansas * California * Colorado * Connecticut * Delaware ...
thirteen months prior. The amendment to existing law was intended to toughen parole rules for
sex offender A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crime ...
s and also notify non-custodial parents when there is criminal activity near their child's home. Partly for this reason, Joseph Brucia, the child's father, approved making the law in her name, although he concedes this law would not have applied to her specific case, since the charges for which Smith was on probation were not the sexual offenses the law would target. The bill failed to pass before the end of the 2004 session. Harris committed to re-introduce the bill in 2005, but no further information has been made available. Joseph Smith, age 55, was found dead in prison on July 26, 2021, while awaiting his execution. His cause of death has yet to be released.


Background

Carlie Jane Brucia (March 16, 1992 – February 1, 2004) was sexually battered and
murdered Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
by Joseph P. Smith (March 17, 1966 – July 26, 2021) after being
kidnapped Kidnapped may refer to: * subject to the crime of kidnapping Literature * ''Kidnapped'' (novel), an 1886 novel by Robert Louis Stevenson * ''Kidnapped'' (comics), a 2007 graphic novel adaptation of R. L. Stevenson's novel by Alan Grant and Ca ...
from a
car wash A car wash, carwash, or auto wash is a facility used to clean the exterior, and in some cases the interior of motor vehicles. Car washes can be self-service, full-service (with attendants who wash the vehicle), or fully automated (possi ...
near her home in
Sarasota Sarasota () is a city in Sarasota County on the Gulf Coast of the U.S. state of Florida. The area is renowned for its cultural and environmental amenities, beaches, resorts, and the Sarasota School of Architecture. The city is located in the sout ...
,
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, on February 1, 2004, while returning from a friend's house. She was reported missing by her parents within half an hour of her abduction. The kidnapping case became famous after a surveillance video showing the girl surfaced. The video, taken from a
security camera A closed-circuit television camera can produce images or recordings for surveillance or other private purposes. Cameras can be either video cameras, or digital stills cameras. Walter Bruch was the inventor of the CCTV camera. The main purpose o ...
located behind a car wash, shows Brucia being confronted by a man, later identified as Smith, who then grabbed her arm and led her away toward a car that was spotted on another camera. The video was shown nationwide and spurred a massive
manhunt Manhunt may refer to: Search processes * Manhunt (law enforcement), a search for a dangerous fugitive * Manhunt (military), a search for a high-value target by special operations forces or intelligence agencies Social organisations * Manhun ...
for the abductor.


Arrest

On February 6, police announced that Smith, a 37-year-old father of three and
car mechanic An auto mechanic (automotive technician in most of North America, light vehicle technician in British English, and motor mechanic in Australian English) is a mechanic who services and repairs automobiles, sometimes specializing in one or more ...
with a long list of arrests for drug-related charges and one for kidnapping and
false imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
, was in custody as the primary suspect. In the same announcement, the police confirmed that Smith's car was involved in the crime. The story gained national media attention in large part because Brucia's abduction was recorded by a surveillance camera. The tape shows her being approached by a man who seemed to be in his late 20s or early 30s. They apparently had a short conversation, after which he grabbed her by the arm and took her away. The FBI and NASA joined in the efforts to find Brucia and the man seen with her on the videotape.
NASA The National Aeronautics and Space Administration (NASA ) is an independent agency of the US federal government responsible for the civil space program, aeronautics research, and space research. NASA was established in 1958, succeeding t ...
researchers used advanced image processing technology to enhance the recording by reducing image jitter. At least two informants called police, having recognized Smith from the television broadcasts of the security camera tape. Smith was already in custody at the time, having been arrested on February 3 on an unrelated
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
violation. Smith refused to speak with investigators about Brucia's abduction until February 5, when he revealed where he had hidden her body, behind a nearby
church Church may refer to: Religion * Church (building), a building for Christian religious activities * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian communal worship * Chris ...
.


Trial

On February 20, Smith was indicted for
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...
, and charges of kidnapping and capital sexual battery were also filed by
Sarasota County Sarasota County is a county located in Southwest Florida. At the 2020 US census, the population was 434,006. Its county seat is Sarasota and its largest city is North Port. Sarasota County is part of the North Port–Sarasota–Bradenton, FL m ...
prosecutors. The trial started November 7, 2005 in Sarasota. On November 17, 2005, the jury returned a guilty verdict. On December 1, 2005, the jury, by a vote of 10 to 2, returned a recommendation for the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. On March 15, 2006, Smith was sentenced to two terms of
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
on the charges of capital sexual battery and kidnapping, and to
death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
by
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
on the murder charge. In October 2011, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
(which had earlier rejected an appeal from Smith in June 2011), ordered that the State of Florida respond to a federal claim filed by Smith saying his right to confront witnesses at trial was violated when prosecutors introduced DNA evidence against him without making available the laboratory technician who actually performed the work. The Court later dismissed the appeal after deciding a related case, ''
Williams v. Illinois ''Williams v. Illinois'', 399 U.S. 235 (1970), was a United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction ove ...
''. In the aftermath of ''
Hurst v. Florida ''Hurst v. Florida'', 577 U.S. 92 (2016), was a United States Supreme Court case in which the Court, in an 8–1 ruling, applied the rule of ''Ring v. Arizona''. to the Florida capital sentencing scheme, holding that the Sixth Amendment requires ...
'', which required juries in Florida to be unanimous in imposing the death penalty, Smith's death sentence was overturned in 2018; however the Florida Supreme Court reinstated his death sentence in April 2020. Smith died on July 26, 2021, at
Union Correctional Institution The Union Correctional Institution, formerly referred to as Florida State Prison, Raiford Prison and State Prison Farm is a Florida Department of Corrections state prison located in unincorporated Union County, Florida, near Raiford. First op ...
in Raiford, at the age of 55.


Dramatization

The case was featured in the first episode "Come Home Carlie" of the seventh season of
Investigation Discovery Investigation Discovery (stylized and branded on-air as ID since 2008) is an American multinational pay television network dedicated to true crime documentaries owned by Warner Bros. Discovery. As of February 2015, approximately 86 million Ameri ...
's ''See No Evil'', aired in early February 2021.{{Cite web, url=https://www.investigationdiscovery.com/tv-shows/see-no-evil/full-episodes/come-home-carlie, title=Come Home Carlie | See No Evil, website=Investigation Discovery, accessdate=July 28, 2021


See also

*
Child murder Pedicide, child murder, child manslaughter, or child homicide is the homicide of an individual who is a minor. Punishment by jurisdiction United States In 2008, there were 1,494 child homicides in the United States. Of those killed, 1,03 ...
*
Jessica's Law Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re-offend. A version of Jessica's Law, known as the Jessica ...


References


External links


Foundation created for Carlie to raise awareness

H.R. 4150(108): Carlie's Law
- Full text of the bill and its current status.
Court TV complete coverage of the Joseph Smith murder trial


Sarasota, Florida United States federal criminal legislation