Rich’s Cup of Tea

Florida Justices Affirm Child Killer’s Conviction

Tags: Crime and Punishment, Uncategorized // Add Comment »

Back in January of this year, I posted information regarding the fact that Joseph Smith is requesting a new trial.  It’s been 6 months, and I have heard nothing else about it.  Apparently, there were so many problems with his first trial, that he deserves a new one.

In my opinion, he doesn’t deserve ANYTHING other than what’s coming to him inside the walls of the death chamber.

My opinions being what they are, I am assuming for the time being that the Supreme Court turned down his and his attorneys’ requests for a new trial.  If anyone knows the outcome of this with more certainty than I, please let me know!

Tags: Crime and Punishment // Add Comment »

Kidnapping — GUILTY

Capital sexual battery — GUILTY

It was a just conclusion to an emotionally charged, eight-day trial.

At long last, Smith, then 39, had been convicted of the heinous kidnapping, rape and murder of 11-year-old Carlie Brucia 22 months earlier.

Jurors recommended the death sentence Dec. 1.

Circuit Court Judge Andrew Owens concurred March 15, 2006, adding two life sentences.

And now the Public Defender’s Office in Bartow seeks a new trial.

For that monster?

Good God.

Among the issues:

n The FBI forensics expert who testified was not the person who did the DNA testing that helped convict Smith.

n Whether a medical examiner’s opinion should’ve been used since Carlie’s corpse was badly decomposed.

nThat statements by Smith’s brother should’ve been suppressed, given his cooperation with law enforcement.

I respect the importance of due process and that death sentences are appealed automatically.

Legally, it’s how the system works.

Morally, however, something is wrong with this picture.

Very wrong.

Fortified by a strong case, the state met its burden, proving “beyond a reasonable doubt” Smith was Carlie’s killer.

Yet the justice system seeks to give him more consideration than he gave her.

A new trial?

To what end?

Smith is where he belongs — on death row at a maximum security prison.

That this convicted murderer might win a new trial would be outrageous, a travesty, and a rebuke to Carlie’s family and a community that was traumatized by his atrocity.

On Dec. 1, 2005, before jurors deliberated Smith’s punishment, Assistant State Attorney Debra Riva asked them to imagine what was going through Carlie’s mind at the end, facing her horrible fate.

“She’s old enough to know what is happening to her,” Riva said. “When he placed the ligature around her neck, she knew what was going to happen next.”

The large, bold-faced headline in the next day’s Bradenton Herald still strikes home like a sledgehammer in its absolute finality:

JURY: DEATH

Let it be.

Rich’s Note: I have nothing to add to this article other than it is brilliantly written, and I agree with the author’s points completely.

Source:  Bradenton.com, Sunday, January 11, 2009.

Tags: Crime and Punishment // Add Comment »

A man who killed an 11-year-old girl after her abduction was caught on camera and broadcast nationwide, is asking that his death sentence be overturned. As Mike Vasilinda tells us, an attorney for condemned killer Joseph Smith argued before the Florida Supreme Court, that there were so many problems with the trial, Smith deserves a new one.

This video sent shockwaves through parents nationwide. Carlie Brucia’s abduction caught on security cameras as the 11-year-old took a shortcut home.

Joseph Smith was caught days later and allegedly confessed to raping and murdering the 11-year-old. His alleged confession to family was a point of contention as lawyers appealed Smiths death Sentence to the Florida Supreme Court.

“The fact that his brother might have made this up is for the jury,” Public Defender Deborah Brueckheimer said.

Smith’s lawyer also raised questions about the handling of DNA that linked Smith to the killing suggesting it could have been mishandled by the FBI lab. Another objection was over graphic photos of the body shown to jurors.

“They just went too far,” Brueckheimer said.

It brought this response from one justice.

“I have yet to see photographs from any of these cases that I would say are pleasant,” Supreme Court Justice Fred Lewis said.

Here in the Capitol, House and Senate budget cutters are arguing over whether the should cut funds for prison drug treatment programs.

In 2001, when Smith was in prison, lawmakers cut all prison drug rehab funding. Whether drugs played a part in Carlie’s killing was part of the appeal.

“We know he had a long history of drug abuse of all sorts starting at a very early age,” Asst. Attorney General Carol Dittmar said.

Afterward, attorneys were reluctant to talk.

The court could rule at any time.

The court itself seemed concerned that the trial judge sited six aggregating factors in imposing death and that at least two of them may have been improper, including a prior conviction in which Smith pleaded no contest.

The state argued the 11-year-olds murder was well thought out in advance since Smith attacked her from behind with a shoe lace and strangled her while her hands were bound.

Rich’s Note: Well, we all knew this was coming (standard procedure for capital cases).  Problems with the trial?  Seemed to be pretty “textbook” to me.  Brother made up the confession?  I heard an audio clip of him telling his mom “it was an accident”.  Drug abuse for many many years?  I don’t flippin’ care, that’s not an excuse for raping and murdering a child!!!

They are also arguing that at least one of the aggravating factors (previous felony conviction) is incorrect.  The court subsequently found him guilty.  That is a conviction.  Possession of cocaine is a felony.  Therefore, we have a FELONY CONVICTION.  See http://www.wisegeek.com/what-is-a-no-contest-plea.htm.

Being the avid proponent of the Death Penalty that I am, if any case deserves capital punishment, it is this one.  Please, men and women of the Supreme Court, keep him on death row!

Source:  Capitol News Service (flanews.com), Wednesday, January 7, 2009.

Tags: Crime and Punishment // Add Comment »

Once abducted, there’s a 44 percent chance a predator will kill a child within an hour and the odds are bleaker after three. Many children are found within three miles of an abduction site, statistics from Medina County’s Child Abduction Response Team show.

To deal with a potential abduction, the county assembled CART, with more than 62 members including law enforcement and civilians.

Montville Township Police Chief Thomas Acklin said he was inspired to spearhead the project after he thought about what Montville would do if an abduction happened in his township.

“We would need an organizational structure for these people who would come to help and what their specific job would be, because time is of the essence in these situations,” Acklin said. “Every agency in this county would need people to help.”

In October 2007, Acklin got a group of 15 individuals from various law enforcement agencies in the county and the Medina County Prosecutor’s Office to attend weeklong CART training in Pittsburgh.

“Then we came back and formed a steering committee,” he said.

The committee formulated a response plan, identified key personnel to be assigned as team members, conducted training and drafted a memorandum of understanding between all law enforcement agencies in the county, a CART statement said.

“The local jurisdiction is still in charge of the investigation, the team is just there to assist,” Acklin explained. “You have so many people coming to the scene at once and they’re ready to move. It makes a huge difference.”

Examples of some assignments include: team leaders, volunteer coordinators, a media liaison, investigative manager and logistics manager, and the prosecutor’s office would send attorneys to the scene as well, Acklin said.

In September, a training exercise was conducted with more than 35 personnel in attendance from local law enforcement, the county prosecutor’s office and the FBI, Acklin said.

The exercise scenario involved a 9-year-old who went missing in a local park. A description of the child and details of the incident were provided, and people were asked what their next steps would be, Acklin said.

“You’re looking for a response like shutting the park down, not letting anyone leave, interviewing parents to try to find witnesses … and then it builds as you go along,” he said, adding the exercise lasted about four hours and a field exercise is being planned for the spring of 2009.

In a real situation, Acklin said there are certain criteria that have to be met before a team is called in, including:

– A true (nonfamily) abduction of a minor child (younger than age 18).

– The abduction of a minor child with endangerment circumstances. These must clearly be articulated to an on-scene coordinator or county CART coordinator in order to activate the team members. The child’s disappearance or abduction has to meet the endangerment criteria if the child’s life or well-being is perceived to be at risk due to violence or health conditions, or if the identified parental abductor has a potential for violence or could endanger the child.

– Any other abduction or missing child investigation that requires immediate response in order to protect the well-being of the child.

– A person 65 years of age or older, or has a mental impairment and whose disappearance poses a credible threat of immediate danger of harm or death to the individual.

Once the criteria are met, Acklin said he would call or fax an organization in Florida called A Child Is Missing, which has all the team members’ numbers on record. Then he would record a short message telling the members to report to the specific location, which would go out to everyone simultaneously, the chief said.

Florida was the first state to assemble CART in August 2004, Acklin said.

“A major impetus” for CART was the abduction and murder of 11-year-old Carlie Brucia, of Sarasota, Fla., on Super Bowl Sunday in 2004, a CART statement said. “The U.S. Department of Justice launched an initiative to train CART throughout the nation in November 2005. This training was developed and conducted by Fox Valley Community College and continues today.”

In early 2006, the statement said a grant proposal was submitted to then-Ohio Attorney General Jim Petro for startup funding for a statewide Ohio CART program, and Petro awarded the grant to the Law Enforcement Foundation.

“It’s been a lot of work organizing all these agencies,” Acklin said, “but it’s well worth it.”

Source:  Medina-Gazette.com, Friday, December 5, 2008.

Tags: Education and Prevention // Add Comment »

Sarasota County deputies are looking for a name to go with faces on surveillance camera images from a fundraiser Saturday night at Evie’s on the Green, 4735 Bee Ridge Road.

The video shows two people deputies say stole from a fundraiser for the Police Athletic League.

Cameras in the ice cream and pizza parlor recorded a couple sitting in the back of the room and grabbing items from other tables, deputies say. They even took purses and bags of volunteers working in a fashion show for the fundraiser.

“It’s unbelievable. They eat and steal, eat and steal. They don’t even look nervous,” said Craig Bridges, the manager of Evie’s.

Volunteers told deputies they are missing iPhones, car keys and cash.

“The worst part was that they took car keys,” said Mary Winter, who helped organize the event. “The girls couldn’t even get home. We had to call locksmiths.”

Nearly five years ago, security cameras outside Evie’s recorded Joseph Smith abducting 11 year old Carlie Brucia. Smith was sentenced to death for raping and murdering Carlie.

Rich’s Note: Gotta love those cameras.  As I stated in an earlier post, they don’t always guarantee prevention, but apprehension is much more likely.

Source:  TBO.com, Monday, November 17, 2008.

Tags: Crime and Punishment // Add Comment »

Carlie’s Crusade reps give kids at Milton school lesson in self-defense

MARLBORO — Dominick Magistro and John Jenerose of the Carlie’s Crusade Foundation visited Milton Elementary School recently to provide hands-on demonstrations of self-defense techniques.

The Carlie’s Crusade Foundation was created in response to the abduction of 11-year-old Carlie Brucia in Sarasota, Fla., whose abduction was caught on surveillance video in a car wash parking lot. The organization’s founders are committed to educating children and parents in how to avoid becoming a victim.

The visit was sponsored by the Milton Elementary School PTA, which is planning another visit by Carlie’s Crusade representatives in the spring.

Source:  Recordonline.com, Wednesday, October 29, 2008.

Tags: Education and Prevention // Add Comment »

Do you remember the Story of 11-year-old Carlie Brucia? Carlie was the little girl from LI NY who while staying with her mother down in FL was kidnapped and murdered on Super Bowl Sunday, 2004. Her abduction was captured on video in front of the car wash where she was Kidnapped by Joseph P. Smith, who has since been found Guilty of first-degree murder, sexual battery and kidnapping.

The story was carried nationwide and was heartbreaking to all who heard it. Now there is an old saying that every dark cloud has a silver lining and if that is true then the silver lining here is Matt Barbis, Carlie’s Cousin who started the Rose Brucia Educational Foundation (http://www.rosebrucia.org) with the Mission of reducing child abductions.

Matt goes around to Schools and preforms Puppet Shows and teaches children how to react and what to do if someone ever tries to abduct them. As you can imagine Matt’s mission does not come without its costs, and the Foundation runs on Donations from Groups, Individuals and Businesses.

Matt, who Rides a Motorcycle, had seen the good that Bikers on Long Island do to Raise Money for those in need, He wanted to Start a Motorcycle Run to help raise Money for the Foundation. A Motorcycle Run is a lot of work and Matt was Referred to the Mortal Skulls Motorcycle Club (http://Mortalskulls.com) Who do a Run and/or Benefit every year.

When the Mortal Skulls Motorcycle Club heard about Matt’s story and what his Mission was they quickly decided that this would be the run and benefit they would be doing for many years to come. What better cause can there be then keeping Children Safe? said one of the Members.

For the past 3 years now on the 3rd Sunday in June the Mortal Skulls Motorcycle Club have hosted the run and raised money for the foundation. The run starts every year at the Bellmore NY Train station on Sunrise Hwy, with sign up from 10:30am till 12pm, and has ended at local Long Island Bars with live Music, food, Appearances by local New York Celebrities and so much more. The recommended Donation for the event is $10 per person and Run Shirts are available for an additional $10 with every penny of the Proceeds going to the Rose Brucia Educational Foundation. The Mortal Skulls Motorcycle Club Thank all who have come out to help and Support the event every year! This Fundraiser has quickly grown into a huge Long Island NY event, With the continued Support of the Long Island biker world and appearances by Celebrates it will continue to grow for many years to come!!!

Source:  www.automotive-journal.org, Saturday, October 18, 2008.

Tags: Education and Prevention // Add Comment »

ANNAPOLIS, Md. — Parents in Maryland are being told that not every house with a pumpkin is a Halloween stop for their trick-or-treating children.

Sex offenders in Maryland have started receiving paper signs in the mail that show a pumpkin and read “No candy at this residence,” which they must post on their front doors for Halloween or face a parole violation, WBAL-TV reported.  The signs and letters began arriving last week in the mailboxes of about 1,200 violent and child-sex offenders across the state.  “By making a commitment to refrain from participating in Halloween activities, you will enable the children and parents in your neighborhood to enjoy the holiday without undue anxiety,” said the letter signed by Patrick McGee, director of the Maryland Division of Parole and Probation.  “In addition, you will also protect yourself from misunderstandings and the allegations that may arise from them.”  The signs were accompanied by a letter explaining the offenders must stay at home, turn off outside lights and not answer the door on Halloween.  “Because Halloween is a holiday during which large numbers of children interact with strangers, the concern among parents and other community members about sexual offenders in their neighborhoods is naturally intensified during this time of the year,” the letter said.  The state began the program in 2005.  Maryland is among a number of states placing Halloween restrictions on sex offenders.  Maryland’s regulations are almost identical to those adopted in Missouri, where four convicted sex offenders and the American Civil Liberties Union are challenging the state law in federal court.Maryland is also distributing pamphlets statewide to warn families to stay away from homes with the pumpkin signs.  “We’ve had very good results,” said Wonda Adams, a supervisor at the parole and probation division and coordinator of the Halloween watch program.  “Our goal is public safety, and in keeping with that we need to make sure that the individuals under our supervision are provided with the enhanced supervision that we’re committed to,” she said.

Rich’s Note:  What a fantastic idea for keeping kids safe.  I wish every state would do this.

Source:  NewsNet5.com, Thursday, October 16, 2008.

Tags: Education and Prevention // Add Comment »

BOISE, Idaho (AP) — A longtime sex offender was sentenced to death Wednesday for the 2005 kidnapping, torture and murder of a 9-year-old northern Idaho boy after federal jurors who watched video of some of the brutality deliberated just three hours.

The jurors’ recommendation was binding on U.S. District Judge Edward Lodge, who thanked them, dismissed them and then sentenced Joseph Edward Duncan III.

Relatives of the victim, Dylan Groene, remained somber as the jury’s decision was announced. Duncan murdered Dylan’s mother, older brother and his mother’s fiance to kidnap him and his younger sister, who was sexually abused along with her brother but survived.

“The jury speaks the mind of the community,” U.S. Attorney Tom Moss said. “By the verdict today, they have given voice to the victims.”

Duncan showed no reaction other than smiling as the verdict was passed to the judge.

He took Dylan and the boy’s then-8-year-old sister, Shasta, to a remote western Montana campsite where he raped, tortured and threatened them before shooting Dylan in the head and burning his body. Jurors viewed horrifying video Duncan made of him sexually abusing, torturing and hanging Dylan until the boy lost consciousness.

“This defendant is dangerous. He is a predator who takes pride in his work,” prosecutor Traci Whelan said. “He earned this day. His actions … call out for the death penalty.”

Duncan acted as his own attorney but had offered no response to prosecutors’ closing argument.

“I have no argument,” he told the court.

With an eye toward kidnapping the two children, Duncan stalked their family. In 2005 he entered their Coeur d’Alene-area home and used a hammer to fatally bludgeon their 13-year-old brother, Slade Groene, his mother, Brenda Groene, and her fiance, Mark McKenzie.

Duncan was arrested and Shasta rescued weeks after the kidnappings when a waitress at a Denny’s in Coeur d’Alene called police after recognizing the two as they ate.

Duncan pleaded guilty in December to 10 federal charges involving the kidnappings and the murder of Dylan. He pleaded guilty to the other three murders in state court, where he also could be sentenced to death.

“I am so glad this is over. Justice has been served,” said Darlene Torres, Brenda Groene’s mother. “It’s been very painful.”

She said that when she saw Duncan in court, “I seen nothing but an evil, empty, coldhearted shell.”

In closing arguments, Whelan reminded the jury of Duncan’s lifelong “pattern of violence,” including a conviction for raping a boy at gunpoint in 1980. Duncan has told investigators he killed two half-sisters from Seattle in 1996, and he is charged with killing a young boy in Riverside County, California, in 1997.

Duncan may now be brought to Riverside County to stand trial in the death of Anthony Martinez.

Whelan told the jury that Duncan would pose a risk even to prison guards and fellow inmates.

“This defendant uses the time that he has to think out these plans and he is dangerous,” she said. “He is adaptable and he is dangerous.”

The heinousness of the evidence in Dylan’s murder made it particularly difficult for the jurors to remain impartial as they deliberate, said Art Patterson, a jury consultant and senior vice president of the trial consulting firm DecisionQuest.

“Generally, for human beings, it’s pretty hard to maintain impartiality when confronted with such horror,” Patterson said.

“How could any juror not want to see this person removed from our list of living human beings? How could you live with yourself as a juror if there’s any chance this human being could escape from jail and do something like this again?” Patterson said.

Rich’s Note: Bye bye monster, now just waive all of your appeals.  I have nothing further to say.

Source:  CNN.com, Wednesday, August 27, 2008.

Tags: Crime and Punishment // Add Comment »