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Updated Dec. 1, 2005, 10:31 a.m. ET

Expert: Prison stay for killer would be no picnic
Joseph Smith
Joseph Smith listened as the final witnesses testified Wednesday in an attempt to spare him from the death penalty.

SARASOTA, Fla. — If Joseph Smith is spared a death sentence and gets life in prison instead, the convicted killer of 11-year-old Carlie Brucia can expect an icy, if not violent, reception from other inmates, a prison expert testified Wednesday.

"He is a child killer. He has raped a child. He kidnapped a child," explained the witness, former prison warden James Aiken. "In a prison context, that puts him at the lowest level of the hierarchy of the inmate population."

Prosecutors say that Smith, a 39-year-old former auto mechanic, deserves to be put to death for the Feb. 1, 2004, abduction, rape and murder of Carlie. Lawyers for Smith hope to convince the same jury that convicted Smith that life in prison without the possibility of parole is punishment enough.

The defense, which rested its case Wednesday, claims that Smith tried and failed to get help for years of heroin, cocaine and painkiller abuse brought on by chronic back pain that required several surgeries.


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Dr. Katherine McQueen, an addiction expert who evaluated Smith, testified that he was dependent on cocaine and heroin. At great length, McQueen described the effect opiates and cocaine have on the brain and how they inhibit rational decision making. The physician opined that Smith did not get the treatment he needed to be able to stop using drugs.

Prosecutor Craig Schaeffer reviewed the defendant's hospitalization and drug treatment records to show that the defendant did benefit from therapeutic services for his addictions. McQueen also agreed with Schaeffer that Smith's drug use did not excuse criminal behavior.

Schaeffer worked hard to establish that both McQueen and Aiken, the last of 19 witnesses called by the defense during the penalty phase of Smith's trial, regularly testify for defendants, suggesting they are "hired guns" of sorts.

The defense did not call Smith's mother, Patricia Davis, or any of his three daughters, to the stand. Smith himself told Judge Andrew Owens Jr. that he had discussed the issue of whether to take the stand with his attorney and understood all the ramifications.

"I have chosen not to," Smith said.

Prosecutors called one witness to rebut the defense's contention that Smith was generally regarded as a kind, generous and gentle man. Manatee County Sheriff's Department Sgt. William Diamond testified about a letter he intercepted Nov. 9 between Smith and another inmate accused of killing his parents with a baseball bat.

In the letter, Smith railed against his brother, John Smith, a key prosecution witness during the guilt phase of the trial. Smith called his brother a "crackhead" and said he could not believe John Smith had given the FBI three lengthy statements about him.

"If he ever comes to prison to visit, I'll break his jaw," Smith vowed.

He went on to offer the inmate advice on how to surprise another inmate with a blow to the throat. "Give him a couple for me," Smith wrote.

Jurors were told to return to court at 10 a.m. Thursday, when each side will deliver final arguments.

If jurors conclude that the crime and Smith's criminal history outweigh his claims that he deserves to be spared the death penalty, the panel will recommend that Smith be sentenced to life in prison without parole. The state presented six so-called "aggravating factors," including Carlie's age and the fact that Smith was a convicted felon and on parole when she was murdered.

By state law, Owens is not bound by the jury's recommendation, although judge's rarely depart from such recommendations.

Court TV is airing the death penalty hearing live. It is also being streamed live by Court TV Extra.

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