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Killer's lawyers turn to doctors

They plan to focus on the depression and drug addiction of Carlie Brucia's killer in a bid to avoid execution.

SARASOTA - Testimony today in the trial of Joseph P. Smith could prove pivotal in determining whether he is executed or sentenced to life in prison.

His attorneys, who have had mixed results with witnesses portraying Smith as a good neighbor and father, plan to present "voluminous" medical records to show he was wracked by depression and addiction that climaxed in the death of 11-year-old Carlie Brucia in February 2004.

In essence, they will try to show "how a man with good qualities could have fallen so far" that his addiction took over, as defense attorney Carolyn DaSilva suggested during opening arguments Monday.

Earlier this month, a jury convicted the 39-year-old mechanic and father of three of first-degree murder, sexual battery and kidnapping.

The sentencing phase, which began Monday at the county courthouse in Sarasota, will determine whether Smith is executed by lethal injection or sent to life in prison.

Defense attorney Adam Tebrugge said Tuesday he plans to call Dr. Katie McQueen, an expert from Baylor College of Medicine in Houston, to discuss at length why addiction is so powerful. Smith has said he was high on cocaine when the killing occurred.

Tebrugge is also seeking to present as evidence records documenting Smith's mental health and substance abuse problems in the past decade, including times Smith was involuntarily hospitalized under the state's Baker Act.

Taken together, Tebrugge said the issues "go to the heart" of the case against the death penalty.

Prosecutors say the medical information should not be considered because previous doctors who evaluated Smith will not be called as witnesses today.

Tuesday lacked the emotion of Monday's opening arguments and witnesses statements, including Carlie's tearful mother calling for Smith's swift execution and Smith's relatives stressing a life worth living, even if forever behind bars.

Still, the objective was the same: the defense trying to show Smith as a loving father, friendly neighbor and helpful mechanic who got lost in addiction and depression, and the prosecution portraying those anecdotes as thin or one-sided.

During one exchange with the Sarasota physician who treated Smith, Dr. Anit Ford, prosecutors noted she visited him in jail along with his mother and brother.

Ford had earlier described the depths of Smith's depression and battle with painkillers, saying he told her he wanted help. She also said she was moved by his interaction with his 2-year-old daughter during one session. "It impressed me that as depressed as Joe was, the interaction I saw left a lasting impression," she said.

Smith's neighbor, Linda Thompson, said he seemed a good father, playing with his children and even digging a pond out front for a pet turtle.

Crissy Lazo, a friend of Smith's former wife, echoed that sentiment. "Those children are the love of his life," she said. "He never yelled at his daughters."

Both Thompson and Lazo, however, acknowledged to prosecutors they did not know much about the Smiths' private life, including their marital problems.

Barbara Messenger, a hairdresser, said she had known Smith for years and wrote letters to him during his imprisonment leading up to trial. She called him a "terrific mechanic" who helped fix her van and the vehicles of others. Messenger said Smith seemed a devoted father.

"He was a good daddy, loving," she said. But she too conceded she never socialized with Smith outside her business and that she was not aware of his drug problem.

A juvenile identified only as Smith's babysitter also testified. "To me," the girl said, "he looked like a good father. He loved his children."

During an afternoon break, Joe Brucia, Carlie's father, told Court TV he wanted a life sentence so his daughter's killer could feel as much "fear" and "abuse" as the system could afford him.

Circuit Judge Andrew Owens, taking into account the jury's recommendation, could deliver a sentence on Thursday.

--Alex Leary can be reached at 727 893-8472 or leary@sptimes.com The Bradenton Herald contributed to this report.