DEFENSE ASKS JUDGE TO CONSIDER INTOXICATION IN CARLIE BRUCIA CASE

SARASOTA, Fla. An attorney for a mechanic charged in the slaying of 11-
year-old Carlie Brucia, whose abduction was caught on video last year,
wants the judge to declare a state law unconstitutional so that he can
argue that Joseph Smith was so intoxicated that he cannot be held
responsible for his actions.

Assistant Public Defender Adam Tebrugge said in a motion this week that
Smith could not get a fair trial without evidence of his intoxication.

Florida law prohibits using voluntary intoxication by drugs or alcohol as
evidence of insanity or lack of "specific intent" to commit a crime.

The law does allow evidence of voluntary intoxication if the suspect has a
lawful prescription for the drugs, which Tebrugge said discriminates
against people who use drugs without a prescription.

Assistant State Attorney Debra Johnes Riva could not be reached for comment.

Riva told the judge last month that she might not be ready for Smith's
scheduled Nov. 7 trial unless Tebrugge is ordered to quickly turn over a
list of witnesses he plans to call in the penalty phase of the trial if
Smith is convicted of first-degree murder.

Smith is also charged with kidnapping and sexual battery.

Carlie's disappearance garnered national attention after her Feb. 1, 2004,
abduction was captured by a car-wash surveillance camera as she walked home
from a friend's house. Her body was found five days later on the grounds of
a nearby church, and authorities say Smith, a 39-year-old unemployed
mechanic, confessed.

Information from: Sarasota Herald-Tribune