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Updated Oct. 24, 2005, 9:37 a.m. ET

Jury selection to begin in case over Sarasota child's rape, murder

SARASOTA, Fla. (AP) — Like others around the world who saw the televised videotape, residents of this city shuddered when they saw the images of a man taking 11-year-old Carlie Brucia by the arm at the back of a car wash.

Four nights later, after a widespread search, the sixth grader was found dead on the grounds of a nearby church.

Jury selection is set to begin Tuesday for the trial of Joseph P. Smith, the man accused of kidnapping, raping and strangling Brucia on Super Bowl Sunday 2004. The start was delayed a day because of Hurricane Wilma.

"Carlie Brucia became, for all of Sarasota, one of our children," said Mayor Mary Anne Servian. "We felt like we knew her, and all of us were so hoping for a different outcome (after her disappearance). And when there wasn't, we suffered a collective broken heart. I don't think I've ever seen a community so wounded."


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A security camera at Evie's Car Wash captured images of the tall, blond sixth-grader in jeans and a red shirt being grabbed by the arm and led away by a man in dark mechanic's uniform as she walked home from a friend's house at dusk on Feb. 1, 2004.

A number of people called tell authorities they recognized Smith as the man on the videotape. Arrested on unrelated drug charges two days after Carlie disappeared, the auto mechanic confessed to the slaying to his mother and brother during a jailhouse visit and then helped them lead authorities to Carlie's body, according to testimony in pretrial hearings.

Smith, 39, is charged with first-degree murder, kidnapping and capital sexual battery. Prosecutors say they will seek the death penalty.

Assistant Public Defender Adam Tebrugge has tried to get Smith's confession thrown out, saying it was illegally obtained through his brother after Smith had already invoked his right to remain silent and have an attorney present during questioning. He also is challenging the car wash video, contending that prosecutors can't prove the images and date stamps are authentic.

Judge Andrew Owens has yet to rule on those motions by Tebrugge, who has declined to comment outside court on other details of Smith's defense.

Grief over Carlie's death last year rippled through this southwest Florida city of about 53,000 residents, best known as a scenic sanctuary for northerners fleeing winter weather. Strangers turned out by the hundreds to attend a series of public memorial services.

"The thing that brought this so close to home for all of us was the infamous video," the mayor said. "We could all see her and see what was unfolding, and none of us could do anything about it. I think that's what was so hard for all of us."

Smith had been arrested at least 13 times since 1993, mostly on drug offenses, although he was twice charged with committing violence against women. Yet he served only one short prison sentence.

After Smith was charged with Carlie's slaying, news that he had recently violated probation prompted critics to complain that he should have been in jail and triggered an effort among state officials to crack down on probation violators.

Prosecutors believe they can get a fair jury in Sarasota, despite the publicity. But they have approached Collier County about moving the trial if necessary.

"We're giving ourselves two weeks," said prosecutor Debra Johnes Riva. "I'm confident we're going to get a jury in Sarasota County."

Public interest is expected to be so great that people who want to watch in the courtroom will be required to line up outside the courthouse for a ticket every morning, said Senior Deputy Court Administrator Faye Rice. Others will be directed to a room where they can watch a closed-circuit feed.

"It's difficult in a close community," she said, "and you wonder how something like this could ever happen."

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