Sunday, December 11, 2005

SARASOTA, Florida (AP) -- The brother of a man accused of abducting and killing Carlie Brucia wiped his eyes Wednesday as he recounted his sibling's account of sexually assaulting and killing the 11-year-old girl.John Smith testified that his brother, Joseph Smith, told him that he had "rough sex" with Carlie and then strangled her. The abduction was captured by a security camera at a car wash and broadcast worldwide on television.Details of her slaying came four nights after Carlie was abducted, the witness said. His brother was in jail and John Smith was leading detectives to the location where his brother told him the girl's body might be found.Joseph Smith, a 39-year-old former auto mechanic and father of three daughters, is charged with first-degree murder, kidnapping and capital sexual battery in Carlie's death. He has pleaded not guilty; if convicted, he may face the death penalty.Joseph Smith met with his brother and their mother, Patricia Davis, in jail shortly after his arrest. He confessed to his role in Carlie's disappearance under their questioning, his brother testified.Mumbling and occasionally closing his eyes on the witness stand, John Smith recounted the jailhouse conversation. His brother told him he had intercourse with the girl and made her perform oral sex. Davis left the room crying, and the brothers cried and "were hugging each other close," John Smith said.After leaving the jail, John Smith and Davis drove to a nearby church where Joseph told him they might find Carlie. They didn't find the body that day. They didn't immediately tell authorities about their conversation with Joseph because, John Smith said, "I was thinking, maybe, the child was still alive." The defendant's mother and brother went to authorities later that night, and John Smith led investigators to the scene. Carlie's body was found the next morning.Deputy Michael Davino, a Sarasota County corrections officer, told jurors he overheard phone conversations Joseph Smith made from jail to his brother and mother that night.During one call, Davino testified, Joseph Smith told his brother, "She's between two trees, not too far back, maybe around the tree line." Joseph Smith also asked his brother to apologize to their mother for what he had done and for "what he was putting his mother through," Davino said.John Smith testified that he had recognized his brother in the videotape shown to jurors Tuesday as the tattooed man in a uniform grabbing Carlie's arm and leading her away. Several others, including Joseph Smith's business partner, testified Tuesday they also recognized him on the tape.Under questioning by a defense attorney, John Smith acknowledged he hadn't talked to his brother in a couple of months at the time of Carlie's disappearance because of a feud. He also conceded he asked investigators about a reward, but said he was interested in it because his brother wanted to use the money to set up a trust fund for his children.Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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