Nov. 28 FLORIDA: Prosecutor: Smith should be executed ---- Defense blames drug addiction for Brucia murder A former auto mechanic should be executed because he killed Carlie Brucia in order to cover up evidence that he had kidnapped and raped the 11-year-old girl, a prosecutor said Monday. Joseph Smith's desire to avoid arrest for the abduction and sexual battery of the girl was 1 of 6 "aggravators" that justify a recommendation of death, prosecutor Debra Riva told jurors on the first day of the sentencing phase of Smith's trial. Smith wanted "to eliminate Carlie as a witness," Riva said. "The defendant did not have to kill the girl." Other aggravating circumstances, Riva said, include that the victim was under 12, Smith was on probation for possession of cocaine at the time of the murder, and the slaying was premeditated and "heinous, atrocious and cruel." Defense attorney Carolyn DaSilva asked jurors to recommend sparing Smith's life. She noted that he had battled back pain, depression and drug addiction for the past dozen years, and said relatives, friends and a drug-addiction expert would testify how "a man with good qualities could have fallen so far." "You will hear from witnesses who can tell you about Joe's good qualities ... even though he was unable to control his drug addiction," DaSilva said. "You will hear from people who care about Joseph Smith, and that his life has value." Her slaying received worldwide attention because her abduction on February 1, 2004, was captured by a car wash surveillance camera. Her body was found 5 days later outside a church. Circuit Judge Andrew Owens, who ultimately will decide the sentence, said he would give the jurors' recommendation "great weight." Over the objections of the defense, the judge also said he would allow jurors to listen to victim impact statements from Carlie's father, mother, stepfather and a teacher. The same jury convicted Smith on November 17 of kidnapping, sexual battery and 1st-degree murder. Carlie's murder spurred the introduction of federal and state legislation to crack down on probation violators. Jurors must consider aggravating circumstances that would justify a recommendation of death by lethal injection and mitigating circumstances that would persuade jurors to recommend life in prison without parole. Their vote does not have to be unanimous. (source: Associated Press) OHIO: Press Release----For Immediate Release November 28, 2005 Contact: Sister Alice Gerdeman 513-579-8547 Ohio Prepares for 19th Execution Since 1999 As the Country Prepares to Mark the 1000th Execution, John Hicks is 999th Execution The nation is watching the count, 999 Hicks in Ohio, 1000 Lovitt in Virginia. This countdown is causing many people of good will to question the application of the death penalty in the US. More and more people understand that the death penalty makes mistakes, disproportionately affects the poor and people of color, doesn't deter crime, and is expensive, arbitrary, and immoral. John Hicks, a Hamilton County man who committed his crimes while in a cocaine psychosis, has expressed great remorse. "He is not the worst of the worst. His life has value," according to Sister Alice Gerdeman, chairperson of Ohioans to Stop Executions. "John Hicks committed a terrible crime but execution will not make society safer or better. This case, like so many others, is about revenge not justice." "The death sentence is not the inevitable result in this case. This case points out once again however, the arbitrary and senseless use of the death penalty. John admitted his guilt and expressed his remorse voluntarily and almost immediately following the incident. Neither the interest of the victim's family nor those of society will be in any way served now by taking another life." says Hick's defense attorney Marc Mezibov of Mezibov and Jenkins in Cincinnati. Vigils are scheduled throughout Ohio including a witness tomorrow morning outside the prison. People of good will from throughout the state will gather outside the Southern Ohio Correctional Facility starting at 8:30am and remain in witness until the time of death. OTSE is committed to a moratorium on executions in Ohio. Over 100 Ohio organizations have joined the call for a moratorium and thorough review of the state's death penalty system, including the city councils of Cincinnati, Dayton, Oberlin and Yellow Springs. Nationwide, over 3,900 national and local groups, businesses, and faith communities have called for a halt to executions, including 142 local governments. (source: OTSE)
