Carlie's Law - Trial

Trial

On February 20, Smith was indicted for first-degree murder and charges of kidnapping and capital sexual battery were also filed by Sarasota County prosecutors. The trial started November 7, 2005 in Sarasota. On November 17, 2005 at 3:24PM, the jury announced their verdict, that Smith was guilty as charged. On December 1, 2005, the jury, by a vote of 10 to 2, returned a recommendation for the death penalty. On March 15, 2006, the day before what would have been Carlie's fourteenth birthday, he was sentenced to two terms of life imprisonment on the charges of capital sexual battery and kidnapping, and was sentenced to death by lethal injection for murder. The judge in the case was Circuit Court Judge Andrew D. Owens. In October 2011, at the start of the Court's term, the U.S. Supreme Court (which had earlier rejected an appeal from Smith in June 2011), responded to a federal claim filed by Smith saying his right to confront witnesses at trial was violated when prosecutors introduced DNA evidence against him. It asked the state of Florida to give an official response. A panel of legal experts talking about the forensic work did not include the lab technician who actually performed the test. State courts have been at odds on whether such non-testimonial evidence is acceptable, particularly in capital cases. The Justices last week accepted review of a case from Illinois raising similar issues, though the state of Illinois itself no longer uses the death penalty.

The case is Smith v. Florida (09-10755).