Joseph Smith, a 39 year-old mechanic, was convicted of first-degree murder, kidnapping and sexual battery and is now sentenced to die for the rape and murder of 11-year-old Carlie Brucia, whose abduction was caught on videotape.
Upon the reading of the verdict, Smith showed no emotion.
Carlie Brucia's mother, Susan Schorpen, had this response:
"He is still breathing. He may be condemned, but he is still breathing and my daughter is not," Schorpen said. "I want him dead. I want him dead now. But I have to wait for appeals until he dies. It's not over yet."Jurors rejected the arguement by the defense that Smith's life was worth sparing because Carlie's rape and strangulation stemmed from his experience of years of depression and drug abuse.
Prosecutor Debra Johnes Riva countered that Smith should not be spared the death sentence because of testimony that he suffered from chronic back pain, depression and addiction to cocaine, heroin and painkillers."This man will die in prison. You have already decided that by your verdict," he said. "The Joe Smith who was a drug addict and out of control will never exist again, because he will be kept away from drugs. Joe didn't take drugs. Drugs took him."
"He did commit these crimes, and his crimes cannot be mitigated by his childhood or by his drug use," Riva said. "The crimes against Carlie speak volumes about the character of Joseph Smith."
"The defendant has made choices for drugs and for drug use throughout his life. He chose drugs over his wife. He chose drugs over his children," Riva said. "This is a person who has been given the chance of rehabilitation ... There are so many people who have reached out to the defendant in support of him, but in spite of that he has continued to make his choices."
She referred jurors back to the testimony that Smith abused drugs regularly, was in and out of prison and vowed as recently as Nov. 9 to break the jaw of his brother for cooperating with investigators.
"That's the real Joseph Smith," Riva said. "The real Joe Smith, through his crimes, deserves the death penalty."
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