By John Springer Court TV
SARASOTA, Fla. Joseph Smith wiped tears from his eyes as the parents of the 11-year-old girl he raped and murdered described for jurors Monday what life has been like without the energetic, straight-A student who usually walked around smiling and singing. Joseph Brucia and Susan Schorpen, who separated when Carlie Brucia was 3 months old, were among six witnesses prosecutors called to testify during the penalty phase of Joseph Smith's capital murder trial. The defense called four witnesses who spoke about Smith in loving tones, portraying him as a devoted father, competent auto mechanic, and a lover of animals. Prosecutors are trying to convince the jury — the same panel that convicted Smith of rape, kidnapping and murder on Nov. 17 — that the crimes were so heinous and cruel that they warrant a death sentence for the 39-year-old defendant.
"When Carlie was taken away from my family and me, it hurt us to the core," said Joseph Brucia, recalling how he contemplated suicide while drinking alone in the dark after Carlie's murder in February 2004. "I would think, surely this could not be real ... There were many times I no longer wanted to go on and contemplated taking my own life. My life will never be the same." Joseph Brucia, who lives in New York, recalled the summer and Christmas vacations when Carlie would visit him. They always started with a trip to her favorite store, Payless Shoes. The summer trips also included a day at the Great Adventure amusement park. "We always had special times together, which are now cherished memories," said Brucia, reading from a prepared statement. Susan Schorpen, who is remarried and now lives in Tampa, recalled how Carlie would often embarrass her by singing in grocery stores at the top of her lungs. It always made Schorpen laugh, particularly when Carlie would intentionally sing off-key. "She was so full of life, such a happy-go-lucky little girl. An all-American girl," said Schorpen, stopping occasionally to fight back tears. "She was, and still is, very special to me. Carlie was the light of my life, my best friend ... I cry for her all hours of the day." When Schorpen described her sadness at not being able to see Carlie walk down the aisle at her wedding someday, Smith wiped tears from both eyes. Brucia and Schorpen were among four people who delivered victim-impact statements to the jury, which eventually will issue what Judge Andrew Owens Jr. characterized as an "advisory sentence." If jurors and Owens are convinced that factors weighing in favor of a death sentence outweigh mitigating factors the defense presents over the next few days, Owens could send Smith to death row. "I will give your recommendation great weight in determining what sentence to impose," Owens told the jury. Good qualities On Monday afternoon, Smith's lawyers questioned relatives, friends and co-workers of the defendant in an effort to convince jurors that his life is worth sparing. Assistant Public Defender Carolyn DaSilva first explained that the defense was not trying to excuse Smith's crimes in any way. "We accept and respect the verdicts that you rendered 10 days ago ... We are in no way trying to downplay the crimes for which Joe has been convicted," DaSilva said in her opening statement. "These witnesses will help you understand some of Joe's good qualities." According to DaSilva, Smith was committed briefly to a psychiatric hospital in his native New York in 1992. The following year, he lay in a drug-induced coma for several days. Although jurors will not hear about it, Smith was convicted of aggravated battery that same year. In 2000, Smith became addicted to painkillers prescribed for back pain. In 2001, he was convicted of forging prescriptions and possession of heroin, charges that landed him in prison for all of 2002. Within days of his release in 2003, he was re-arrested and charged with possession of cocaine, DaSilva said. That year, Smith's Narcotics Anonymous sponsor died of a drug overdose and his wife kicked him out of the house. "Joe is a man with many good qualities, but he was unable to control that horrible drug addiction," DaSilva said, summing up her statement. "Despite the fact that he will spend the rest of his years in prison, his life has value." Family ties DaSilva brought Smith's maternal aunt and a first cousin to the stand to describe his life growing up in Brooklyn, N.Y. Despite a difficult birth and the divorce of his parents, young Joseph Smith had a typical childhood and adolescence, said his aunt, Jeanne Dwyer. Close in age to Dwyer's son Peter, Smith was a regular fixture in Dwyer's home. He often offered to make home repairs and help whenever he could. The defense played a videotape of Peter Dwyer's wedding reception in 1991. Smith, much thinner and sporting a moustache, appeared happy and stable as he gave the best man's toast at the party. On cross-examination, both Dwyer and her daughter, Theresa Dillon, admitted that they had very little contact with Smith after he moved to Florida. Assistant Public Defender Adam Tebrugge estimated that the defense will call nearly 30 witnesses on Smith's behalf. Balancing act For Smith to avoid a death penalty, his lawyers have to convince jurors that "mitigating factors" outweigh the six aggravating factors prosecutors presented. Among the aggravating factors are Carlie's age and the fact that Smith is a convicted felon and was on probation when he abducted her at Evie's Car Wash, tied her up, raped her and strangled her with a ligature of some sort. Prosecutor Debra Johnes Riva told jurors during her opening statement Monday that although the defense may call many more witnesses than the state, the law limits the state to the number of witnesses that can be called and what they can say. "You will decide the weight to give those [factors that are] aggravating and mitigating," Riva said. "It's not about quantity. It is about the quality of evidence for you." If Smith avoids a death sentence, the law mandates that he be sentenced to life in prison without the possibility of parole. Joseph Brucia told Court TV that he is not hoping for a death penalty. "I feel that justice would be served better with Joseph Smith in jail looking over his shoulder wondering what will happen to him," Brucia said. Court TV is airing the death penalty hearing live. It is also being streamed on the Web by Court TV Extra. |