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Carlie's alleged killer in court

It's Joseph Smith's first court appearance in the kidnap-murder case, as his lawyer tries to have evidence suppressed.

PALMETTO - For the first time since his arrest in the kidnapping and slaying of 11-year-old Carlie Brucia 19 months ago, Joseph Smith took a seat at the defense table Thursday to listen to his attorney make legal arguments in advance of trial.

The 39-year-old Smith - thought to be the man a Sarasota carwash surveillance camera recorded abducting Carlie on Feb. 1, 2004 - was led into a small courtroom in the Manatee County jail, where he has been housed since shortly after his arrest. Officials said the hearing was conducted at the jail for security reasons.

Wearing a white, open-collared shirt, Smith sat erect in his chair and was attentive to the proceedings. But he spoke only to give short answers to Circuit Judge Andrew Owens' questions about his right to appear at the hearings.

Prosecutors are seeking the death penalty for Smith, a former auto mechanic who is charged with first-degree murder, kidnapping and capital sexual battery.

Surveillance camera images of Carlie's apparent abduction were shown around the world on television news.

Her body was found five days later on the grounds of a nearby church. Authorities said Smith confessed after being arrested on unrelated charges.

Those charges - possession of the narcotic OxyContin and drug paraphernalia - were the subject of Thursday's hearing as Smith's attorney, assistant public defender Adam Tebrugge, sought to have evidence thrown out because of what he called an illegal search.

Smith is scheduled to stand trial on the drug charges Sept. 12. His trial in Carlie's slaying is set for Nov. 7.

Sarasota County sheriff's Detective Toby Davis testified he went to the house where Smith was staying on Feb. 3, 2004, after a former business partner called to say Smith looked like the man in the video that was airing widely on TV.

Davis said Smith was told deputies were investigating Carlie's disappearance and was asked if they could search his room and car. He consented and signed a waiver.

Davis also said he found out that Smith was on probation, so he called his probation officer, Linda Atkins.

Davis said he was satisfied with Smith's statement of where he was at the time of Carlie's disappearance, although he planned to verify the facts later, so he and other detectives left.

No evidence linking Smith to Carlie was recovered, but Atkins testified that another probation officer and a deputy found two spoons with drug residue and a syringe in a search of his 1988 Lincoln Town Car. Atkins then had Smith arrested for violating probation on a cocaine possession conviction. He was charged with OxyContin possession because traces of the narcotic were detected on one of the spoons.

Shortly after Smith was taken to jail, he allegedly told a visiting relative he kidnapped and killed Carlie.

Tebrugge argued that Smith wasn't told he had the right to decline the search and that deputies did not ask permission to look in the trunk of the car or any containers inside.

The judge said he would rule on the matter soon. Neither Tebrugge nor prosecutor Debra Johnes Riva would talk about how the judge's ruling could play on the larger slaying case.

"I'm going to have to ask you to wait and see," Tebrugge told reporters.

Also Thursday, Owens denied Tebrugge's challenge of state law that prohibits using voluntary intoxication by drugs or alcohol as evidence of insanity or lack of "specific intent" to commit a crime.

He also ruled that prosecutors can consolidate the first-degree murder charge with the sexual assault and kidnapping charges. The consolidation will make it easier for the prosecution to argue for the death penalty if Smith is convicted.

Riva said afterward she is on track to bring the case to trial on schedule.

The Bradenton Herald contributed to this report.

[Last modified September 2, 2005, 02:15:35]