Condemned killer seen abducting young victim on camera to be resentenced

TALLAHASSEE, Fla. — A Florida man on death row for kidnapping, raping and killing 11-year-old Carlie Brucia in a case that captured the nation's attention will get a new sentencing hearing. The Florida Supreme Court on Thursday ordered a hearing for Joseph Smith because the jury that recommended the death sentence wasn't unanimous.

Abduction suspect Joseph Smith and Carlie Brucia, 11, in this undated photo released by the Sarasota County Sheriff's office. AP

 According to Orlando Weekly, Smith is one of several inmates who have appealed their sentences in the wake of a 2016 Supreme Court case ruling Florida's death penalty unconstitutional. That decision has led to a requirement that juries unanimously recommend the death penalty.

The 2004 case received national publicity after a surveillance camera captured images of Smith taking Carlie away.

Smith had a long record, had recently violated probation, but was released. That outraged the public and politicians.

Then-U.S. Rep. Katherine Harris filed a bill called "Carlie's Law" to get tougher on criminals who violate federal probation. While that failed, then-Gov. Charlie Crist signed a similar bill into law in 2006. 

The so-called "anti-murder" act was inspired by Carlie and other child victims.

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