Defense wants separate jury for sentencing in Carlie Brucia case

SARASOTA, Fla. (AP) -- A defense attorney says two separate juries are needed for the trial and sentencing of the man accused of slaying 11-year-old Carlie Brucia to avoid biasing potential jurors against Joseph Smith before they hear any evidence about the case.

Assistant Public Defender Adam Tebrugge argued yesterday that potential jurors might presume Smith is guilty if they're asked whether they could recommend the death penalty.

Tebrugge says that selecting only one jury would eliminate some potential jurors if they say they're not willing to sentence Smith to death if he is convicted.

Carlie's apparent abduction in February 2004 was captured by a car wash surveillance camera and the images were beamed around the world by TV news stations.

Smith is charged with first-degree murder, kidnapping and capital sexual battery. Prosecutors are seeking the death penalty. The trial is scheduled to begin November seventh.

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