A Florida man on death row for kidnapping, raping and killing 11-year-old Carlie Brucia in a case that captured the nation's attention will get a new sentencing hearing.
The Florida Supreme Court on Thursday ordered a hearing for Joseph Smith because the jury that recommended the death sentence wasn't unanimous.
In 2005, a jury recommended death for Smith by a 10-2 vote and imposed concurrent life terms for the sexual assault and kidnapping convictions.
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The nation was riveted when a haunting image surfaced in 2004: A motion-activated surveillance camera showed Carlie Brucia walking away with Smith from Evie's Car Wash on Bee Ridge Road in Sarasota.
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She was never seen alive again. Smith left her body in the woods behind the church.
Florida lawmakers passed a new death penalty law in 2017 that requires a unanimous vote by jurors for execution. Florida's previous death penalty law, which left the final decision to a judge after giving great weight to a jury recommendation, was ruled unconstitutional by the U.S. Supreme Court.
Then, U.S. Rep. Katherine Harris filed a bill called "Carlie's Law" to get tougher on criminals who violate federal probation. While that failed, then-Gov. Charlie Crist signed a similar bill into law in 2006. The so-called "anti-murder" act was inspired by Carlie and other child victims.
A date for the new sentencing trial has not yet been set.
Associated Press
