Painting a different picture

---

The penalty phase of Smith's trial began on Monday.

More family and friends of Joseph P. Smith took the stand Tuesday at the Sarasota County Courthouse as the penalty phase of his murder trial continued.

The same jury that convicted Smith, 39, on Nov. 17 of the February 2004 kidnapping, rape and murder of 11-year-old Carlie Brucia will recommend either life in prison or the death penalty for him. Judge Andrew Owens will give great weight to that recommendation, though he doesn't have to go along with it.

On Tuesday, the defense focused on Smith's addiction to drugs and their role in the crimes, saying he started using heroin at age 19 and back problems led to a painkiller addiction. The defense also said he was a good auto mechanic and not a cold-blooded killer.

A hairdresser, a member of the clergy and a drug counselor took the stand in the morning, as the defense tried to get across the message that Smith could have been like anyone else if not for his substance abuse problem.

"He was a good daddy, loving," said Barbara Messenger, who owned a hair salon Smith where Smith was a customer. "Joseph's a good daddy."

Seminarian Robert Marino said he counseled Smith for a year at the Port Manatee Jail. He said they never discussed the murder case.

"I was a little nervous the first time I met him," said Marino. "But he put

The defense said drugs were to blame for Smith's life taking a turn for the worse.

me at ease. He was gentle and kind. When I left my first meeting with him I shook my head. He was nothing like I expected."

Smith told Marino he had already confessed his sins to a priest and believes he has been forgiven.

Marcus Olivari, a probation officer for the Florida Department of Corrections, testified that he supervised Smith during his probation for possession of heroin in 2000.

Olivari said that although Smith was not a behavioral problem, he did violate his probation by relapsing on his drug use.

"I knew he had a drug problem," said Olivari. "He was using drugs intravenously, including heroin and cocaine."

During the afternoon session, Linda Thompson described what she witnessed over the years as Smith's neighbor.

"I never heard anything I would consider violence," said Thompson. "There was only one time that I heard raised voices, and then it wasn't anything I would have even been concerned about, but they happened to be sitting on a little patio that was right next to the fence."

The defense then called Smith's physician, Dr. Amit Ford, to the stand, who went into great detail about Smith's addiction and lack of adequate treatment.

Ford said Smith wasn't properly treated for his drug addiction.

"The pain doctor that Joe had seen and made an appointment with had made certain recommendations, but Joe and his wife, well particularly his wife, did not feel comfortable with the recommendations that the pain management doctor had made," said Ford.

One of the last witnesses the defense called was a child, who used to babysit Smith's children.

"To me he looked like a good father," said the child. "He loved his children."

Testimony will continue Wednesday. Owens said the penalty phase of the trial could last longer than expected.

Pick up a copy of The Herald for more about the trial.

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