A tale of two sentences

Monday, November 28, 2005

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Smith wiped away tears during Schorpen's testimony.

The penalty phase in the Joseph Smith trial got underway in Sarasota on Monday.

Smith, 39, was convicted on Nov. 17 of kidnapping, raping and murdering 11-year-old Carlie Brucia in February 2004.

The defense explained how drugs have affected Smith's life.

"You will see that Joe struggles with pain, addiction and depression," said defense attorney Carolyn DaSilva.

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Prosecutors brought family members of Brucia to the stand to testify how her death affected them.

"Life continued with no enjoyment," said Carlie's father, Joseph Brucia. "There were many times when I no longer wanted to go on and was close to taking my own life."

The testimony of Brucia's mother, Susan Schorpen, left Schorpen and Smith in tears.

"I lost the light of my life, my buddy, my best friend, and most of all my daughter," said Schorpen.

Schorpen made it clear she wants Smith to be sentenced to the death penalty, though Joseph Brucia said life in prison could satisfy him.

"I suspect that his life may be made more difficult in prison, and if that is the case then that's where I would want him to be," said Brucia.

A DVD of a toast Smith made at a 1991 wedding was played.

Theresa Dillon, Smith's first cousin; Jessica Kirchner, a former girlfriend; and Jean Dwyer, his aunt, took the stand Monday for the defense, and pushed for life in prison as a sentence. Also, a DVD was shown of Smith making a toast at his cousin's wedding in 1991.

"Like I said, he was just there to do whatever I asked him to do, whenever I needed something," said Dwyer.

Judge Andrew Owens doesn't have to go along with the jury's recommended sentence, but he said it will play a big part in his decision.

Pick up a copy of our partner paper, The Herald, for more coverage of the Smith trial.