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Updated Nov. 25, 2005, 11:40 a.m. ET

Penalty phase starts Monday for Carlie Brucia's killer
Joseph Smith was convicted of abducting and killing 11-year-old Carlie Brucia.

SARASOTA, Fla. — A jury took just under five hours to conclude that prosecutors proved auto mechanic Joseph Smith was the man caught on videotape abducting 11-year-old Carlie Brucia.

On Monday, the same jury will reconvene to hear testimony that prosecutors hope will help send Smith to death row.

Prosecutors contend that the brazen kidnapping, rape and strangulation of Carlie warrants the imposition of the ultimate punishment allowed by Florida law: death by lethal injection.

To convince jurors that Smith's action were particularly heinous or cruel, prosecutors are expected to call members of Carlie's family, medical professionals and other witnesses to the stand.


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Smith's court-appointed attorney, Assistant Public Defender Adam Tebrugge, has the task of persuading the jury that Smith's life is worth sparing.

Under state law, the defense must present testimony and evidence known as mitigating factors — such as a defendant's family life, mental health issues, or a history of substance abuse. Mitigating factors are not intended to excuse criminal conduct, but rather convince a jury that the defendant does not deserve a death sentence.

After listening to testimony offered by the state and defense, jurors will consider whether there are sufficient and compelling mitigating factors to outweigh the aggravating factors that prosecutors will present.

Aggravating factors likely will include Carlie's age, the fact that she was sexually assaulted and strangled from behind by a ligature of some sort, Smith's criminal record, and the fact that he was on probation at the time of the murder.

If the defense were to establish enough mitigating factors to outweigh the prosecution's reasons for seeking a death sentence, jurors would recommend the only other sentence available for defendants convicted of first-degree murder: life in prison without the possibility of parole.

Court TV plans to air the hearing live.

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