Jury Gets Carlie Brucia Case

Kidnap Of 11-Year-Old Was Caught On Tape; She Was Raped, Murdered

(CBS)  A Florida jury was to begin deliberations Thursday in the kidnap, rape and murder of 11-year-old Carlie Brucia.

Joseph P. Smith is charged with first-degree murder, sexual battery and kidnapping.

As Bill McGinty of CBS Tampa affiliate WTSP reports, Brucia's abduction from a carwash parking lot in Sarasota in February 2004 was caught by surveillance cameras, which brought the case to national attention.

"In this case, there truly is overwhelming evidence," prosecutor Craig Schaeffer told the jury Wednesday. "There's mountains of evidence in this case. Why is that video so important? Because, again, it's inescapable, what's contained on that video. A man, a grown man, grabs the wrist of a child and takes her. He raped Carlie Brucia. He should be found guilty of sexual battery."

Prosecutors used the videotape as the backbone of their case, McGinty said.

They also played audio tapes of Smith telling his family that he committed the crimes.

On those tapes, Smith's mother could be heard saying, "The best thing that you could do is explain that it was an accident."

"It was an accident, mom."

"I know that, Joe," Smith's mother replied.

"You don't think I would do that on purpose, mom?" Smith asked.

But, McGinty says, when the prosecution finished, Smith's lawyer dropped a bombshell.

"Your honor, opposing council, members of the jury, we wave closing argument," Adam Tebrugge said.

Later, he explained to reporters: "The final decision was not made until minutes before the announcement in court but, in preparing a case, you consider all the possibilities. … In every case that I have, this is something that is considered."

Brucia's grandmother, Jill Swartz, was asked if she's happy with the way the prosecution presented the case, and she said, "Yes, I am. Very much so."

The judge says the jury will be sequestered until a verdict is reached.