Latest / Crime Stories with Nancy Grace / 11 yr-old girl kidnapped, murdered at slumber party; killer to walk free? Plus, exercise mom killer still at large

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11 yr-old girl kidnapped, murdered at slumber party; killer to walk free? Plus, exercise mom killer still at large · Crime Stories with Nancy Grace

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Speaker 1: Crime Stories with Nancy Grace on Sirius XM Triumph Channel
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Speaker 1: one two. A little girl, just eleven years old goes
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Speaker 1: to spend the night party with her little best friend
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Speaker 1: girl just about a block and a half from home.
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Speaker 1: She's walking home the next morning to her family home,
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Speaker 1: to her mom and dad, and goes catty corner. She
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Speaker 1: cut instead of going all the way to the corner
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Speaker 1: and turning right, she cuts across the lot of a
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Speaker 1: local car wash and she is never seen alive again.
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Speaker 1: I'm Nancy Grace. This is Crime Stories. Thank you for
0:51
Speaker 1: being with us. In a bizarre and very upsetting turn
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Speaker 1: of events, the murderer the man that approached eleven year
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Speaker 1: old Carly in that car wash parking lot and takes
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Speaker 1: her away, brutally rapes, beats and kills her. Her body
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Speaker 1: is found half naked, naked from the waist down, she's
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Speaker 1: wearing one sock, and her body has been thrown into
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Speaker 1: a wooded area behind a local church. He may very
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Speaker 1: well walk free. Why because appellate courts have ruled that
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Speaker 1: when a jury in Florida sentenced him to the death
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Speaker 1: penalty and attended to vote, that wasn't good enough. They
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Speaker 1: had found unanimously that he was guilty in Carly's murder,
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Speaker 1: but two people held out on the death penalty, ten
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Speaker 1: voted for it, and he was sentenced to death. He's
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Speaker 1: been languishing on death row all this time, writing dozens
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Speaker 1: of appeals that have all been turned down, until finally
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Speaker 1: he strikes pay dirt with me an all star panel
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Speaker 1: first and foremost founder of Class Kids Foundation, Mark Class
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Speaker 1: tireless advocate for crime victims after his daughter Polly was
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Speaker 1: kidnapped and murdered many years ago. Meridith Sincelo joining us
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Speaker 1: on the scene. W f l A. Brian Russell, host
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Speaker 1: of investigation Discoveries, hit show Fatal Vows and high profile
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Speaker 1: defense attorney out of California. Brian Claypool, who has practiced
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Speaker 1: often in the Florida justice system, out to Meridith Sinceulo
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Speaker 1: w f l A. The day that Curly goes missing,
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Speaker 1: the day that she is assaulted, beaten, and murdered, I
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Speaker 1: don't have to do a lot of digging because it's
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Speaker 1: caught on camera. It is caught on video as we
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Speaker 1: see her killer. UH guy with a long criminal history,
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Speaker 1: Joseph Smith, then thirty seven years old. UM he had
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Speaker 1: been arrested many times, convicted many times. An unemployed car
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Speaker 1: mechanic drug user currently had just had a violation of
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Speaker 1: his probation and was released just in time to abduct Carly.
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Speaker 1: He's seen on camera taking her, taking her by the arm,
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Speaker 1: and taking her out of the parking lot. So what happened.
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Speaker 1: How was her body found? Well, her body was found
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Speaker 1: behind a church area. As you've mentioned, she was mostly
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Speaker 1: nude as she had been strangled with some type of cord. UM.
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Speaker 1: There was obvious signs that she had tried to defend
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Speaker 1: herself UM but was not able to UM. There was
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Speaker 1: signs of a sexual assault UM and uh at first,
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Speaker 1: Joseph snitch just want to to confess to this. But
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Speaker 1: they were able to find her little body UM about
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Speaker 1: five days after she went missing. And as you've mentioned
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Speaker 1: that now famous surveillance tape, really it's just so sad
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Speaker 1: to look back at it. In fact, revisited it today
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Speaker 1: just to take another look. And and you see those
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Speaker 1: last moments where that man, Joseph Smith approached Carly and
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Speaker 1: appeared to have a conversation with her and then grabbed
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Speaker 1: her hand and led her away. And that's the last
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Speaker 1: time that she was seeing passed a chain link fence
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Speaker 1: in a wooded area behind a local church. Investigators find
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Speaker 1: eleven year old Carly. It was early on Friday, but
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Speaker 1: hours later cops charge Joe P. Smith, a thirty seven
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Speaker 1: year old auto mechanic with a long criminal record, with
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Speaker 1: first degree murder and kidnapping, and vowed that day that
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Speaker 1: they will se seek the death penalty. Tips were phoned
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Speaker 1: into investigators by people who recognized him from the surveillance video.
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Speaker 1: That video had caught Carly's actual abduction behind the car
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Speaker 1: wash on Sunday. As meredithince Hulo just told you, at first,
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Speaker 1: he refuses to talk, but he confided in somebody, and
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Speaker 1: that somebody led police to the body just three miles
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Speaker 1: from the car wash. How she was tortured, how she
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Speaker 1: was actually killed remained a mystery for quite some time.
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Speaker 1: She lived a short distance away from the sleepover with
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Speaker 1: me Mark, Class of Class Kids Foundation, Mark, Polly, your
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Speaker 1: daughter was having a sleepover the night that she went missing,
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Speaker 1: but in her mom's home. Right. Yes, this, this whole
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Speaker 1: conversation is making me numb. If anybody on the face
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Speaker 1: of the earth deserves the death penalty, it would be
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Speaker 1: a revetivious of recitivious violent offender that that abducts and
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Speaker 1: tortures and murders a tiny little girl. And I think
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Speaker 1: the lesson here that we all have to understand is
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Speaker 1: that it doesn't matter how well prepared children are there
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Speaker 1: there they've they've got no chance against a determined predator.
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Speaker 1: And that's exactly what we see in this situation. She
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Speaker 1: didn't want to go with him, there's no question about that.
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Speaker 1: But he had his way. He was determined, and the
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Speaker 1: idea that he may be getting off of death row,
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Speaker 1: or that he has gotten off of death row and
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Speaker 1: needs to have another hearing, is a travesty of justice.
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Speaker 1: It was about six fifteen PM that Sunday evening, still
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Speaker 1: daylight hours. Very I mean, if you see the video,
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Speaker 1: it looks like it's a high noon. It was that
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Speaker 1: Sunday afternoon. She's leaving her little friend's house after a sleepover,
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Speaker 1: hited for home less than a mile away, officials. Police
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Speaker 1: say a security camera behind the car wash spots a
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Speaker 1: yellow Buick station wagon driven into the parking lot just
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Speaker 1: three minutes before Carly is kidnapped. Obviously, Smith saw Carly
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Speaker 1: walking home through the parking lot and pulled his vehicle
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Speaker 1: to the back to conceal what he was doing to
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Speaker 1: approach Carly. But then at six that camera catches him
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Speaker 1: approaching Carly, grabbing her by the wrist, and leading her away.
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Speaker 1: That video was played over and over and over, and
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Speaker 1: the nation's eyes turned towards the search for Carly Brucia.
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Speaker 1: I remember so well her dad, Joe, thanking investigators and
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Speaker 1: calling on the governor to investigate whether judges went too
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Speaker 1: easy on dealing with Smith and all of his previous arrests.
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Speaker 1: I agree with her father to Brian Claypool, you're the
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Speaker 1: expert defense attorney. Why was this guy let out over
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Speaker 1: and over and over again only to murder Carly and
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Speaker 1: now he's got a new hearing? Well, Nancy, to me,
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Speaker 1: I think the bigger question is how is it that
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Speaker 1: he gets sentenced to death and then the court reverses
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Speaker 1: that and now gives him a resentencing hearing. Why is
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Speaker 1: that a bigger question to you? Because why is it
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Speaker 1: a bigger question to you than a repeat offender killing
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Speaker 1: a little girl? Let's talk about that Florida. Florida prison
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Speaker 1: systems are saturated, much like California prison systems, So you
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Speaker 1: get these prisoners in there, and they and they let
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Speaker 1: him out early. We've heard this and seen this time
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Speaker 1: after time, so you're right, this case, this tragic case.
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Speaker 1: And by the way, I have an eleven year old
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Speaker 1: daughter as well, so this tem to me. But again,
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Speaker 1: this is also about a systemic failure within our prison systems.
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Speaker 1: And that's all I can tell you about that. I mean,
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Speaker 1: I don't know what more we can do. But a
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Speaker 1: jury finds him guilty, there are no trial errors. He's
9:14
Speaker 1: had dozens of appeals and finally he hits paid dirt
9:18
Speaker 1: when an appellate court sitting in there Ivory Tower says, oh,
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Speaker 1: you know the law that after you've been found guilty
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Speaker 1: of murdered with aggravating circumstances, which are you kill more
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Speaker 1: than one person, you kill a child, it's a murder
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Speaker 1: for hire, it's a torture. It's in the commission of
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Speaker 1: another felonies such as rape. I know he's found guilty
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Speaker 1: of that, but you know what, that was unanimous. But
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Speaker 1: when they vote attend to do for the death penalty,
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Speaker 1: I don't like that. So I'm gonna order a whole
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Speaker 1: new hearing on the death penalty. This guy is loving it,
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Speaker 1: isn't it true? Meridisin culo, He's filed dozens of appeals
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Speaker 1: on all kind of wacky grounds. Fine, only he gets
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Speaker 1: some judge to go along with him. Yeah. Absolutely, he
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Speaker 1: has tried multiple times to appeal this. But it was
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Speaker 1: actually because of a Florida Supreme Court ruling that Smith
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Speaker 1: is going to be re sentent um. And that's because
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Speaker 1: in his case, it was a tend to tend to
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Speaker 1: to um as far as the jury goes, and because
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Speaker 1: the judge was the one that actually made that decision
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Speaker 1: that he would get the death penalty, that sentencing phase
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Speaker 1: is now going to be retried because it's been determined
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Speaker 1: that that actually is a violation of the sixth Amendments.
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Speaker 1: So that's why we're going to see um this new
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Speaker 1: penalty phase. Nancy, Nancy, can I make one point on that? Sure,
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Speaker 1: this is really interesting, and this is where I think
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Speaker 1: there was a major flaw. Even though this Supreme Court case,
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Speaker 1: the Hearst case, came down and said you needed unanimous
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Speaker 1: vote for death death sentence under the sixth Amendment. I
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Speaker 1: read the opinion and here here's an interesting point. The
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Speaker 1: the the the the Florida Supreme Court was analyzing this
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Speaker 1: from a standpoint of that they still were going to
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Speaker 1: enforce this death penalty if there was an if the
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Speaker 1: prosecutor could prove beyond a reasonable doubt that the two
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Speaker 1: jurors who who held out on the death penalty, that
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Speaker 1: that was harmless air. So, in other words, had the
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Speaker 1: trial judge developed a more copious record of what those
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Speaker 1: two jurors didn't agree on, for example, where they just
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Speaker 1: hung up on a mitigating factor and one aggravating factor,
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Speaker 1: if it was something that was truly harmless, the Florida
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Speaker 1: Supreme Court was still going to allow Smith to be
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Speaker 1: sentenced to death. But that but since there was no
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Speaker 1: written record of what these two holdout jurors were hung
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Speaker 1: up on, the Florida Supreme Court was the handcuffed You
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Speaker 1: know what to you, Mark class, this is how more
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Speaker 1: to you, more than to anyone what he had to say,
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Speaker 1: and all that legal mumbo jumbo he just spouted out, Well,
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Speaker 1: legal mumbo jumbo always seems to serve these killers, you know,
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Speaker 1: it always seems to play in their favor. Carly isn't
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Speaker 1: even a player in this thing anymore. She's nothing more
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Speaker 1: than the currency that that drove us to this place,
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Speaker 1: and you know, here, here's the thing. And we just
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Speaker 1: had this in a case here in California, and it
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Speaker 1: was a death penalty case. And once it came to
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Speaker 1: the penalty phase, one juror held out, one juror told
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Speaker 1: the other jurors that there was no way on earth
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Speaker 1: they would that they would ever, that they would ever
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Speaker 1: sentence anybody to death. So it was a ringer. It
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Speaker 1: was somebody who lied to get into that position, to
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Speaker 1: spare this piece of garbage. And it's difficult, it's so
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Speaker 1: difficult to get these guys on death row where they
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Speaker 1: absolutely deserve to be in the beginning. But then there
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Speaker 1: are always there's always seems to be a way out. Um,
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Speaker 1: it's it's preposterous. Again. This whole death penalty thing, this
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Speaker 1: whole death sentenced thing in this country has become kind
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Speaker 1: of a joke because of the abolitionist. You know, and
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Speaker 1: take a listen to this guy, the thirty seven then
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Speaker 1: thirty seven year old white male car mechanic, unemployed. Listen.
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Speaker 1: His arrest record includes a violent attack and numerous drugs charges.
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Speaker 1: In fact, he wants to beat a woman in the
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Speaker 1: face with a motorcycle helmet, just beat her mercilessly in
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Speaker 1: the face. What did you do for that aggravated assault?
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Speaker 1: He did about sixty days behind bars. Then he violates probation.
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Speaker 1: What happens? Then he gets straight out of jail. It
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Speaker 1: happens over and over and over with this guy, and
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Speaker 1: the judge blames probation department. The probation department blames the judge.
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Speaker 1: The judge start whining that it's not his fault that
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Speaker 1: he just followed the law, and blames the probation department.
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Speaker 1: It was Judge Harry Rapkin. So long story short, he
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Speaker 1: violated probation twice in one year, but probation officers never
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Speaker 1: recommended jail time. He was never arrested, so he's out
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Speaker 1: walking free. It happens upon Carly Brescia, you know, to
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Speaker 1: Brian Russell, the host of the hit show on Investigation Discovery,
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Speaker 1: fatal vows please weigh in. Okay, So, Nancy, we hear
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Speaker 1: a lot of talk lately, and I think we heard
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Speaker 1: just a little bit of it today about mass incarceration.
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Speaker 1: We have our jails are too crowded, We've got too
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Speaker 1: many people locked up. Well, you know what, when we
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Speaker 1: have a lot of people doing a lot of destructive stuff.
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Speaker 1: Then I actually like a lot of jails with a
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Speaker 1: lot of people in him for a lot of years.
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Speaker 1: We have to understand that the number one duty of
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Speaker 1: government is to protect the citizens from physical attack from
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Speaker 1: enemies other places in the world and from people right
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Speaker 1: here at home. The justice system and the correction system,
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Speaker 1: although I don't think we correct anybody very often. It's
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Speaker 1: it's more the public safety system that the segregation system
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Speaker 1: for dangerous people from the rest of us. That is
15:22
Speaker 1: really just national defense at the at the domestic level,
15:27
Speaker 1: and there's nothing more important for the government to do.
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Speaker 1: So you know, whatever it cost, what is the cost
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Speaker 1: of not doing it. It's stuff like this happening to
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Speaker 1: innocent Americans and so that the cuts have to come elsewhere.
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Speaker 1: This is not the place to skimp as a society.
15:44
Speaker 1: If we ran the system the way that we should,
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Speaker 1: this guy never would have had the opportunity to kill
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Speaker 1: Carly Brussia. And then the second thing I would say
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Speaker 1: is if we ran the prison system the way that
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Speaker 1: we should, spending the rest of his life in it
16:01
Speaker 1: should actually be worse than basically painless little injection and
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Speaker 1: he goes to sleep and never wakes up. But because
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Speaker 1: we supply air conditioning and cable television and workout rooms
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Speaker 1: and all this stuff is why it's not. And that's nuts.
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Speaker 1: Were one of the few societies in the world that
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Speaker 1: hasn't figured out you want prison to be a place
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Speaker 1: that nobody ever wants to be or go back to,
16:26
Speaker 1: you know, to Meritus is Hulo w f l A.
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Speaker 1: That evening that Sunday when she was walking home that afternoon,
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Speaker 1: she had spent the night, as I said, at her
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Speaker 1: friend's house, and the little girl's mother said Carly wanted
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Speaker 1: to walk home and that she had permission from her mom.
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Speaker 1: So Carly leaves and the other mom just for some reason,
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Speaker 1: called Carly's mom and found out Carly was wrong. She
16:50
Speaker 1: got it wrong. She didn't have permission to walk home.
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Speaker 1: So Carly's stepdad, Steve Canceler, immediately goes to get her
16:56
Speaker 1: because they know she's walking home. And it was almost
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Speaker 1: immediate she was gone, right, I believe it was within
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Speaker 1: thirty minutes. I mean, it was just a matter of moments. Um.
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Speaker 1: But as Mr Klashes said, um, you know, it only
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Speaker 1: takes that short period of time, you know, just walking
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Speaker 1: a couple of blocks. But you know, that that the
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Speaker 1: mother of the little girl that Carly was staying with,
17:23
Speaker 1: just to her something wasn't right. You know, she made
17:28
Speaker 1: that decision to call Carly's parents just to make sure
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Speaker 1: it was okay, um, for Carly to make that walk.
17:33
Speaker 1: And as soon as they realized no, she shouldn't be
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Speaker 1: doing this, they were out there, they were looking, but
17:39
Speaker 1: you know, she was already gone. Um. It was a
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Speaker 1: span of I think six minutes from when Joseph's miss
17:45
Speaker 1: Carr was spotted pulling up to that car wash and
17:50
Speaker 1: then the time when he was seen leading Carly away.
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Speaker 1: So just in that six minute span of time she disappears. Um.
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Speaker 1: And you know, it's it's such a short time frame there,
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Speaker 1: but it only takes moments. And unfortunately that's what happened here.
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Speaker 1: And and that video hit the air waves and people,
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Speaker 1: you know, recognize the cars, some people even recognize Mr Smith.
18:17
Speaker 1: But you know, but it was already too late for Carly.
18:21
Speaker 1: In just a matter of moments, Carly was gone. The
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Speaker 1: guy is convicted and sentenced to death row, but now
18:28
Speaker 1: a stunning about turn, an appellate court has ruled the
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Speaker 1: death penalty in his case is thrown out, and there
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Speaker 1: may very well be not only any hearing, but him
18:41
Speaker 1: escaping his sentence. Take a listen to Carly's father, Joe Brucia,
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Speaker 1: after he learns about this appellate decision. It's one of
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Speaker 1: the things. It's it's it's favoring the criminals over the
18:55
Speaker 1: the innocent victims. Are Is it just more ways attorneys
19:00
Speaker 1: to make bullible hours, because it certainly doesn't make any sense.
19:04
Speaker 1: I mean, it's it's the thing that comes to my mind.
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Speaker 1: Take a listen to Carly's mom before she passed away.
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Speaker 1: I was one of the most precious things to me
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Speaker 1: in my life because of an animal, a disgusting, perverted animal.
19:21
Speaker 1: If I could speak to him, I'd like to know
19:23
Speaker 1: why he chose my butter and why he had to
19:26
Speaker 1: kill her. And I'm sure she let him know that
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Speaker 1: she was only eleven years old. How could he go
19:32
Speaker 1: through with it? Even the jury four person, Ron Cruzel,
19:37
Speaker 1: who was the jury four person on that Joseph Smith
19:40
Speaker 1: murder trial, speaks out there was no question that Joe
19:44
Speaker 1: Smith was guilty, no question at all. You had to
19:48
Speaker 1: see the pictures. You had to realize the life that
19:55
Speaker 1: was taken and how it was taken. I will use
19:59
Speaker 1: the word us evil. Joe Smith will die. Whether he
20:06
Speaker 1: dies in prison or whether he dies on the table
20:10
Speaker 1: with I VS in his arm, He's going to die,
20:17
Speaker 1: and at that point he'll be faced with what he's
20:22
Speaker 1: done in his life, just like we are. The disappointment
20:28
Speaker 1: running deep in this case. For those of you just
20:31
Speaker 1: joining us, eleven year old Curly Brucia is kidnapped, beaten,
20:37
Speaker 1: brutally raped, and found seeming new dumped in woods behind
20:42
Speaker 1: a local church in Florida. A man on death row
20:48
Speaker 1: for the murder of eleven year old Curly has now
20:51
Speaker 1: finally one an appeal. Now, let me understand something to
20:57
Speaker 1: Brian Claypool, lawyer joining US, I profile lawyer out of California. Brian,
21:03
Speaker 1: when we say a reman on the sentencing, they're only
21:07
Speaker 1: going to retry the penalty phase. The guilt innocence phase
21:12
Speaker 1: remains intact. They're gonna retry the sentencing phase. Correct, Nancy,
21:18
Speaker 1: great question, But here's the problem with that. How in
21:22
Speaker 1: the world are you going to convince twelve jurors to
21:26
Speaker 1: give this bug a death sense Unless you have to
21:29
Speaker 1: put on all the evidence of how horrible the crime was,
21:33
Speaker 1: you can't get around putting on the liability phase to
21:37
Speaker 1: get this this this death sentence that you want, so
21:41
Speaker 1: talk about a way, you know, all the taxpayer money.
21:43
Speaker 1: I mean, like Mark was saying, sometimes the laws just
21:46
Speaker 1: talk comport with public sentiment, common sense. I mean, they're
21:50
Speaker 1: gonna have to spend a lot of money and a
21:51
Speaker 1: lot of time. They're they're gonna have to go into
21:54
Speaker 1: the details of the crime to get the jury aroused
21:59
Speaker 1: enough to get this guy at death sense, don't you say, well,
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Speaker 1: you know what, you know what Mark class, bring it on.
22:06
Speaker 1: I mean, if I was prostituting tastes fine, I'd bring
22:08
Speaker 1: it all back on and get another death penalty sentence
22:11
Speaker 1: on this guy. You do not take an eleven year
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Speaker 1: old little girl walking home a few blocks, kidnap her,
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Speaker 1: beat her at rape her, and murder her and then
22:23
Speaker 1: you escape the death penalty. You do you do? You
22:27
Speaker 1: go after if you take it, and you do everything
22:29
Speaker 1: you can to make sure the jury understands who this
22:32
Speaker 1: guy is and what he did so that they will
22:35
Speaker 1: again vote for him to have the death penalty. This
22:39
Speaker 1: is a situation where where justice failed this little girl
22:43
Speaker 1: and most certainly has failed her father. Can you even
22:46
Speaker 1: imagine what that man is going through, realizing who this
22:49
Speaker 1: guy is and what he's done, and all of a sudden,
22:52
Speaker 1: the state of Florida says, well, yeah, but we're going
22:55
Speaker 1: to take him off a death row. Mark, you raised
22:57
Speaker 1: a good point. You raise a good point. You know,
23:00
Speaker 1: their problems with their justice systems, And Nancy mentioned like
23:02
Speaker 1: these probation officers that let him sixty days for aggravating assault.
23:07
Speaker 1: The problem we have is immunity. There's there's their civil
23:10
Speaker 1: immunity to all these probation officers, all the law enforcement investigating,
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Speaker 1: all the judges who make these horrible decisions that lead
23:19
Speaker 1: to the death of children. They all have immunity in
23:22
Speaker 1: the civil system. So maybe it's time to revoke that.
23:25
Speaker 1: Oh that drives me crazy. Brian Claypool and you know
23:29
Speaker 1: Brian Russell joining me, host of the hit investigation discovery
23:33
Speaker 1: show Fatal Vows. We've talked about this so many times
23:36
Speaker 1: when de Facts Department, Family Children's Services CPS fails to
23:40
Speaker 1: follow up on cases and children end up dead. Same
23:43
Speaker 1: thing here. I think they should all be prosecuted like
23:46
Speaker 1: these probation officers. They let killers slip through the cracks.
23:50
Speaker 1: Brian Well, I agree with that, but I think that
23:54
Speaker 1: before it gets to that point, we as a society
23:57
Speaker 1: have got to take away the discretion that not only
24:02
Speaker 1: these people have, but also our judges to give. So
24:06
Speaker 1: I don't understand. I'm a psychologist, and I still don't
24:10
Speaker 1: understand the sympathy that people have in this society for
24:15
Speaker 1: people who do wantingly, uh consciously destructive stuff to other people.
24:20
Speaker 1: But we've for whatever reason, they do, and they're making
24:24
Speaker 1: it into positions like judge ships and these probation officer
24:28
Speaker 1: roles where they have the ability to act out their
24:30
Speaker 1: sympathy by letting these people back loose on the rest
24:33
Speaker 1: of us. We've got to we have got to take
24:36
Speaker 1: that discretion away with stiffer mandatory minimums for more stuff.
24:41
Speaker 1: And also another thing we need to do is get
24:44
Speaker 1: rid of concurrent sentencing. It is absolutely ridiculous that somebody
24:50
Speaker 1: can commit three felonies and end up being sentenced for
24:53
Speaker 1: each one of them concurrently. So basically you get two
24:57
Speaker 1: felonies free. You know, commit one felony, get two felonies
25:01
Speaker 1: for It's like having a sale at a resale. It's
25:03
Speaker 1: like three for one. It's like three for one at
25:06
Speaker 1: a store. Um, guys, what what makes it even worse
25:10
Speaker 1: as it all plays out on camera? When this monster
25:14
Speaker 1: killer caught on camera snatching a little girl before raping
25:20
Speaker 1: and murdering her, and now he may dodge the death penalty.
25:25
Speaker 1: Long story short, He's caught on closed circuit TV. It
25:28
Speaker 1: captures the moment that a thirty seven year old mechanic
25:32
Speaker 1: steals Curly Brucia. Her battered little body is found in
25:38
Speaker 1: wooded area behind a church. Sarah Soda, Florida. This guy
25:45
Speaker 1: has filed so many appeals they've all fallen on deaf
25:48
Speaker 1: ears until now, and he has been handed a lifeline
25:53
Speaker 1: thanks to an appellate court meridor Sinceulo w f l A.
25:57
Speaker 1: Another issue is this, This decision by this appellate court
26:01
Speaker 1: is years after Curly's killer was sentenced, but they're applying
26:07
Speaker 1: the decision retroactively. Does that mean everybody on the death
26:11
Speaker 1: row is going to get a nice sentencing hearing a
26:14
Speaker 1: new trial. Well, so, what we know is that in
26:18
Speaker 1: sixteen that the U. S. Supreme Court ruled that our
26:22
Speaker 1: best sentence in system here in Florida violated that six
26:25
Speaker 1: Amendment of course, which requires that a jury, not a judge,
26:29
Speaker 1: imposed a death sentence so in looking at this case,
26:35
Speaker 1: it did determine that that this particular case didn't hold up,
26:41
Speaker 1: and so that's why his sentence of death was was
26:46
Speaker 1: remanded for a new penalty phase. Now. I don't know
26:50
Speaker 1: how many cases at this point have been put under
26:53
Speaker 1: this same microscope, but it is very possible that we
26:57
Speaker 1: are going to see some of the other high profile
27:00
Speaker 1: cases um just to have to go through this all
27:04
Speaker 1: over again, because you know, we're looking at um, what
27:08
Speaker 1: I think, twelve years now, and he was sentenced in
27:11
Speaker 1: two thousand six, so you know, twelve years he's been
27:16
Speaker 1: sitting on death row and now we're going to be
27:19
Speaker 1: be going through this again. So I definitely think that
27:22
Speaker 1: this is something that we will see more cases coming
27:27
Speaker 1: to this. Unfortunately, well, the mother, Carly's mother passed away
27:34
Speaker 1: just a month after hearing about the possibility of the
27:41
Speaker 1: killers release her daughter's killers release. Carly's mother has passed away,
27:47
Speaker 1: leaving behind just her father to continue the fight for
27:51
Speaker 1: justice on behalf of his daughter, his eleven year old
27:54
Speaker 1: girl that was murdered. I can still remember when Carly
27:58
Speaker 1: was just missing, before we had the awful knees. Listen,
28:03
Speaker 1: we have pound Carly and the person responsible for her murder.
28:08
Speaker 1: This follows us to current one of the charges. The
28:10
Speaker 1: defendant is guilty of murder in the first degree has
28:12
Speaker 1: charged Nancy. The jury that convicted Joseph Smith heard recordings
28:16
Speaker 1: of phone calls the killer made from jail to his family,
28:20
Speaker 1: including this one with his mother. The thing that you
28:26
Speaker 1: could do is to try and explain it with an accident.
28:30
Speaker 1: I know that, Joe. You don't think that the case
28:37
Speaker 1: of Carly's killer is heading back to court in a
28:41
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29:12
Speaker 1: of now. We had two Texas in the case of
29:16
Speaker 1: a beautiful young mom of two girls who lives with
29:20
Speaker 1: the girls and her husband. She's a supermom. She gets
29:24
Speaker 1: up at like three o'clock every morning and goes to
29:27
Speaker 1: teach a gladiator aerobics class in the local church before
29:33
Speaker 1: she gets back home and makes the breakfasts and the
29:36
Speaker 1: launches and gets everybody to school and does all of that.
29:41
Speaker 1: She gets to church and somehow ends up bludgeoned and
29:47
Speaker 1: stabbed dead. And in the wake of her murder, surveillance
29:54
Speaker 1: footage emerges. Surveillance footage capturing catching an unknown person breaking
30:02
Speaker 1: into that creek side Church of Christ and creeping around
30:07
Speaker 1: wearing decked out in full police swat gear. Now I
30:14
Speaker 1: believe the swat gear is cobbled together because it looks
30:18
Speaker 1: like a motorcycle helmet and motorcycle boots and other items
30:23
Speaker 1: bought here and there to resemble a swat outfit. Wandering
30:28
Speaker 1: around the church, never steals anything but waiting for Missy
30:34
Speaker 1: Beavers to arrive. And when Missy does arrive, she is
30:41
Speaker 1: bludgeoned and stabbed dead. No theft, no sex attack, nothing
30:48
Speaker 1: taken from Missy, nothing taken from the church, and the
30:52
Speaker 1: killer vanishes with me. Dave mac on the story Dave
31:00
Speaker 1: act the murder of Missy Beavers still unsolved. You know,
31:04
Speaker 1: you'd think with surveillance video you could identify the person,
31:08
Speaker 1: but their face was covered. Dave there, you know, you
31:11
Speaker 1: pointed out that it looked like it was a cobble
31:13
Speaker 1: together outfit, that it wasn't something generally speaking that we're
31:17
Speaker 1: used to seeing in terms of tactical gear. But the
31:19
Speaker 1: other part about this is that the person in the
31:22
Speaker 1: gear was well. First of all, he had a hammer,
31:25
Speaker 1: you know that that's not the most common tactical gear.
31:28
Speaker 1: On top of that, he had a very distinctive gait.
31:31
Speaker 1: He had a very distinctive walk. And I'm wondering as
31:35
Speaker 1: they went live with that video almost immediately after this happened,
31:39
Speaker 1: and nobody's identifying who the person is that walks like that.
31:43
Speaker 1: It's a distinctive struct you know, of course says she's
31:47
Speaker 1: married with children. You've got this killer unidentified in the video.
31:53
Speaker 1: Clearly that's who murdered Missy. All eyes turned on the husband,
31:58
Speaker 1: as they always do when a wife is killed. You
32:01
Speaker 1: always look at the husband first. Joining me. Brian Russell,
32:05
Speaker 1: the host of investigation discoveries hit show Fatal Vows. Brian
32:10
Speaker 1: when the search warrants were later revealed they let the
32:15
Speaker 1: cat of the bag. That one, at least one of
32:19
Speaker 1: the married people involved, husband and wife have been having
32:22
Speaker 1: an affair. Okay, that cat was out of the bag
32:26
Speaker 1: and that made the scrutiny on the husband even more intense.
32:29
Speaker 1: But the reality, yes, he was on a fishing trip
32:32
Speaker 1: several states away with eyewitness alibis at the time Missy
32:36
Speaker 1: was murdered. A couple of things, Statistically speaking, You're absolutely right.
32:40
Speaker 1: It's much more like you're much more likely if you're
32:42
Speaker 1: going to be murdered, to be murdered by somebody you know,
32:45
Speaker 1: someone close to you, than you are by a stranger.
32:47
Speaker 1: The second thing is, I can tell you from six
32:49
Speaker 1: years of Fatal Vows that the number one reason people
32:52
Speaker 1: end up on our show is because of infidelity in
32:55
Speaker 1: the marriage. Really that over money, yes, money being number two.
32:58
Speaker 1: And the third thing is probably number three is probably
33:02
Speaker 1: uh strife around uh, you know, trying to merge families
33:06
Speaker 1: and have step kids and all of that kind of stuff.
33:09
Speaker 1: Joining me right now, high profile lawyer out of the
33:12
Speaker 1: California jurisdiction, Brian Claypool. Brian, the reality is one of
33:18
Speaker 1: my best friends is a female defense lawyer, criminal defense.
33:21
Speaker 1: She specializes in dope. Okay, she'll handle the occasional divorce case.
33:26
Speaker 1: She's told me a million times, Nancy, I would rather
33:29
Speaker 1: defend a killer at trial than represents somebody in a
33:34
Speaker 1: divorce because the other side is liable to drive by
33:36
Speaker 1: my house and shoot me through the living room window.
33:38
Speaker 1: For Pete's sake. Divorces they're just so acrimonious and bitter
33:46
Speaker 1: that that that they're unfathomable the anger that comes up
33:50
Speaker 1: during divorces or marital discord. So naturally you look at
33:55
Speaker 1: the husband. I think it's a good pointing if you
33:57
Speaker 1: look at I mean, there wasn't a murder in the
34:00
Speaker 1: Delhia depolite occasion me. You know, I conducted two trials
34:04
Speaker 1: tru Dahlia, and at the center of that that that
34:07
Speaker 1: case and and the alleged murder, for higher was what
34:10
Speaker 1: you're talking about, marital discord, the the the the the
34:15
Speaker 1: the acrimony that existed in that marriage that led to
34:20
Speaker 1: desperation and helplessness. And and I think that's that's what
34:25
Speaker 1: we're talking about here as well. And and and that
34:28
Speaker 1: probably is the is the angle that law enforcement has
34:32
Speaker 1: to really focus on this investigation. We were talking about
34:35
Speaker 1: the brutal murder of a young, beautiful mom of two girls,
34:41
Speaker 1: Missy Beavers. So question to you, Dave Mac, syndicated talk
34:46
Speaker 1: show host joining us and investigative reporter on this story. Dave,
34:51
Speaker 1: It's amazing to me that even now no one has
34:55
Speaker 1: been taken into custody for questioning nothing. You know, Nan
35:00
Speaker 1: see that. You know, there's a no statute of limitations
35:02
Speaker 1: when it comes to murder, So they've got to they've
35:05
Speaker 1: got to cross their teas into aut their eyes. But
35:06
Speaker 1: one of the things that I was looking at, and
35:08
Speaker 1: all of this going back to the made up, the
35:11
Speaker 1: put together tactical gear, the hammer as a murder weapon,
35:15
Speaker 1: you've got um online flirtation by Missy by the way,
35:20
Speaker 1: and a husband who has some kind of ironclad alibi. Well,
35:25
Speaker 1: what was the bloody shirt that his father had two
35:28
Speaker 1: days later trying to get cleaned that he claims was
35:31
Speaker 1: from breaking up a dog fight. It just seems awfully
35:34
Speaker 1: odd that somebody that close to a very bloody murder
35:38
Speaker 1: would have a T shirt covered in blood trying to
35:41
Speaker 1: get it clean, and the police pulling the search warrant
35:43
Speaker 1: to go get it. Well, according to the crime lab
35:46
Speaker 1: analyst to Alan Deep, didn't it turn out to be
35:49
Speaker 1: true that he had broken up a dog fight right there?
35:52
Speaker 1: That was a rabbit hole that didn't pan out as
35:55
Speaker 1: a really well I don't know if I've referred to
35:57
Speaker 1: as a rabbit hole. That usually referred to thing that
36:00
Speaker 1: doesn't is irrelevant, doesn't make any sense. I mean, you
36:03
Speaker 1: got a murder case like Dave Max talking about, where
36:06
Speaker 1: there's a ton of blood at the scene and then
36:08
Speaker 1: the father in law jumps up with a bloody shirt
36:11
Speaker 1: he tries to get cleaned. I would absolutely have investigated
36:15
Speaker 1: that if I were the police, but it turned out
36:17
Speaker 1: it had nothing to do with the case, had nothing
36:19
Speaker 1: to do with it. They were able to rule that out.
36:22
Speaker 1: I've been corresponding, as you know, with Brandon Beaver's the husband,
36:25
Speaker 1: for some time, and we've reported some of this, of course,
36:29
Speaker 1: some of his emails to us. And let me point
36:33
Speaker 1: out two things that are really interesting about this. He
36:36
Speaker 1: suggested in one email back in December that his daughters
36:41
Speaker 1: don't really want the person arrested and apprehended. Remember that
36:45
Speaker 1: email he sent to us. He says the children are
36:47
Speaker 1: not terribly fond of apprehending this person. They don't want
36:50
Speaker 1: to revisit those emotions. They've told me this, But let
36:53
Speaker 1: me update you on that the oldest daughter, this is
36:57
Speaker 1: a rural area. One of her hobbies is to raise hogs,
37:01
Speaker 1: you know, four age kind of thing. You did that.
37:03
Speaker 1: I don't know if you ever had a hog, but
37:05
Speaker 1: I did not have a hog. Um. I focused on
37:10
Speaker 1: learning to can vegetables and fruits, make jams and jellies,
37:13
Speaker 1: an interior design, as well as forestry and landscaping and
37:18
Speaker 1: public speaking. But thank you for suggesting that I raise pigs.
37:22
Speaker 1: Go ahead place, Well maybe you should have, because it
37:28
Speaker 1: was pretty profitable for her. She sold her prize hog
37:32
Speaker 1: at auction just recently for fifteen thousand dollars. The reason
37:37
Speaker 1: that it went so high was the community came out
37:40
Speaker 1: and up the bid because she wanted that money to
37:45
Speaker 1: go to the department, the police department, to help investigate,
37:49
Speaker 1: and she had an earmark. But then the police chief said,
37:52
Speaker 1: you know, we really don't need this, We're well funded,
37:55
Speaker 1: so she ended up giving it to special needs kins.
37:57
Speaker 1: My point being that that oldest daughter is so anxious
38:01
Speaker 1: to find the killer of her mom that she did that,
38:04
Speaker 1: And I think that speaks a lot. Guys. Just recently
38:07
Speaker 1: we spoke with the assistant police chief there in Middle
38:12
Speaker 1: Opian assistant chief of police, Kevin Johnson. Take a listen
38:17
Speaker 1: to this. So the most recent activity, UM involves the
38:21
Speaker 1: assignment of a new detective, and that was something that
38:24
Speaker 1: was done as a matter of just a personnel move UM,
38:30
Speaker 1: not not particularly related to this investigation. But nonetheless, what
38:34
Speaker 1: the new investigator is doing is really spending a lot
38:38
Speaker 1: of time entrenching himself in the investigation and and and
38:42
Speaker 1: pouring over the information that's been collected, such as interviews, statements,
38:47
Speaker 1: reports from officers, and um, you know, the follow up
38:51
Speaker 1: information from some of the tips received. So just trying
38:53
Speaker 1: to become familiar with the case. Is there any new
38:57
Speaker 1: information to share with us as far as auspects, persons
39:01
Speaker 1: of interest, or anything in the case? No, sir, No, sir,
39:04
Speaker 1: Unfortunately there is not. It's been two years and this
39:08
Speaker 1: is one of the more remarkable cases I've ever seen.
39:10
Speaker 1: With all this video of the crime scene at the
39:13
Speaker 1: time or thereabouts at the time, it's got to be
39:17
Speaker 1: frustrating that you've got so much evidence yet no suspects,
39:20
Speaker 1: no persons of interest. Yeah. Absolutely, it's frustrating, you know,
39:24
Speaker 1: obviously most frustrating for the family, I'm sure, frustrating for
39:27
Speaker 1: our community. Uh, and of course frustrating for the police
39:31
Speaker 1: officers involved in the investigation. You know that we don't
39:36
Speaker 1: we have a lot of evidence we have don't have
39:37
Speaker 1: the right evidence. Um, you know, and I've said before,
39:41
Speaker 1: you know, police police evidence rooms are full of videos
39:45
Speaker 1: and DVDs of video of unknown people committing crimes, and
39:49
Speaker 1: it's really frustrating. I think the public perception is that
39:52
Speaker 1: when you have a video, and you have a personal video,
39:55
Speaker 1: you know that you know, in short order you can
39:57
Speaker 1: figure out who that person is. The fact is that
39:59
Speaker 1: this person went to great links to conceal their identity.
40:03
Speaker 1: And you know, other than the unusual gait and some
40:06
Speaker 1: some observations about the stature, um you know, there there's
40:11
Speaker 1: not even much skin showing, you know, So what we
40:14
Speaker 1: can say for sure just has more to do with
40:15
Speaker 1: skin tone than than than other important details that would
40:19
Speaker 1: lead us to an identification. I get these emails and
40:22
Speaker 1: these messages from people who think that there are investigators,
40:27
Speaker 1: these web sleuths. If you will, I know you got
40:29
Speaker 1: them too. Has that been helpful? Do you think or
40:33
Speaker 1: is it just just background noise. I will tell you
40:37
Speaker 1: that a lot of the information that we receive is
40:40
Speaker 1: is a combination of speculation, uninformed inferences and assumptions. Um.
40:49
Speaker 1: You know. Early on in the investigation, there was a
40:51
Speaker 1: particular photo that circulated. UM Where it originated and who
40:57
Speaker 1: made it? I couldn't tell you. It certainly didn't from
41:00
Speaker 1: the police department. Um. But a lot of people saw
41:03
Speaker 1: that and it it appeared to be compelling to them,
41:06
Speaker 1: and and they took it, uh you know, as as
41:09
Speaker 1: an official piece of evidence. Um you know. And when
41:12
Speaker 1: you combine you know, tips of that nature with with
41:17
Speaker 1: you know, five or five or six seven other tips,
41:21
Speaker 1: uh of dubious origin, if you will, uh you know,
41:25
Speaker 1: it's it's easy to understand why a person would combine
41:29
Speaker 1: those together into um, you know, a theory that makes
41:32
Speaker 1: sense to them, and believe that it has some viability
41:34
Speaker 1: and feel compelled to award it to the police. In
41:37
Speaker 1: each instance that we've we've dug through that information, there
41:42
Speaker 1: have had there have been some small helpful bits of information,
41:46
Speaker 1: but by and large, unfortunately, uh, the bulk of it
41:49
Speaker 1: has not been particularly helpful. UM. Now I say that
41:53
Speaker 1: not wanting to discourage anybody from from from forwarding any
41:57
Speaker 1: information or reaching out to us. Um, you know, because
42:00
Speaker 1: it's our job to to to sift through that and
42:03
Speaker 1: determine it's it's it's credibility, you know. So, um, I
42:07
Speaker 1: certainly don't want to discourage that. But but buying large
42:10
Speaker 1: that you know a lot of information has just been
42:11
Speaker 1: mixed with other information from different sites or groups, uh,
42:16
Speaker 1: you know, and and you know it hasn't been particularly helpful.
42:20
Speaker 1: It's my understanding that you've got a detective working full
42:23
Speaker 1: time on this case. It's not like you put it
42:25
Speaker 1: up on the shelf locked into the evidence room. Well,
42:28
Speaker 1: it certainly isn't on the shelf. It certainly isn't anything
42:31
Speaker 1: that we consider closed or or uh you know, not
42:36
Speaker 1: actively being investigated. But but no, actually he spends one
42:40
Speaker 1: to two days a week on it. Currently. There are
42:42
Speaker 1: cases that that we look at all the time that
42:45
Speaker 1: take ten or fifteen years and then something happened, something breaks.
42:49
Speaker 1: This could be one of those that you guys are
42:50
Speaker 1: working one or two days a week for for a
42:53
Speaker 1: decade on. I mean you actually foresee that happening. Well,
42:56
Speaker 1: I hope, I hope not. But if that's what it's
43:00
Speaker 1: it's required, that's what we'll do. You know, nobody here
43:02
Speaker 1: is is anywhere near throwing in the town for you know,
43:06
Speaker 1: by any stretch. You know, we want to bring some
43:09
Speaker 1: answers to the Missy's family. You know, if there's any
43:12
Speaker 1: work to be done, we'll do that work. And until
43:15
Speaker 1: it's done. You know, I was touched recently when I
43:18
Speaker 1: read in your local newspaper that Missy's daughter raised some
43:22
Speaker 1: money at an auction of a prized hog and wanted
43:26
Speaker 1: to donate the money to your department to pay for
43:29
Speaker 1: the investigation. That's how interested and concerned she was with it.
43:34
Speaker 1: But that that's not necessary, is that? I mean, you
43:36
Speaker 1: guys have plenty of resources. Yeah, you're correct, and you know,
43:40
Speaker 1: what a what a cool story that was, and I
43:41
Speaker 1: think it it says a lot about the community down
43:45
Speaker 1: here that that Missy was from, you know, and also
43:48
Speaker 1: how how well she raised her daughters, of course, but no,
43:51
Speaker 1: as heartfelt as that was, um, it's it's simply wasn't necessary.
43:56
Speaker 1: There haven't been any aspects of this case that we're limited,
44:00
Speaker 1: you know, based on any kind of financial restrictions. So
44:03
Speaker 1: I think, you know, we're hopeful that she'll find another
44:06
Speaker 1: meaningful way to use that money, and I'm sure she will.
44:09
Speaker 1: The video that you released inside the church, and then
44:12
Speaker 1: there's the video of the gun store nearby. We've seen that.
44:16
Speaker 1: But is there any other evidence or video that maybe
44:20
Speaker 1: at some point you think you might want to make
44:22
Speaker 1: public that you've been keeping secret that might spur some
44:26
Speaker 1: tips and actually help resolve this case. Or have we
44:30
Speaker 1: pretty much seen everything that you're going to show us
44:33
Speaker 1: before there's an arrest. I'm confident that what has been
44:36
Speaker 1: shared is likely to be all that shared. Obviously, just
44:40
Speaker 1: like you indicated, you know, we we don't show our
44:42
Speaker 1: full hand. UM. You know, be an irresponsible way to
44:45
Speaker 1: investigate any kind of crime if we did that. UM,
44:49
Speaker 1: I can tell you this that if if there was
44:52
Speaker 1: any bit of information we thought would be helpful to release,
44:55
Speaker 1: we would have released it long ago. What has been withheld? Uh,
44:59
Speaker 1: there's either some that that has been a strategic investigative
45:03
Speaker 1: type decision or has just been done in um in
45:06
Speaker 1: good taste. There's there's a killer out there, possibly still
45:10
Speaker 1: living in your community or passing through your community that
45:13
Speaker 1: that's got to be a major concern for your department. Yeah, absolutely,
45:18
Speaker 1: and I'm you know, I'm sure it's a major concern
45:22
Speaker 1: for for people in our community. I'm you know, to
45:25
Speaker 1: this day, when folks from this area or from our
45:29
Speaker 1: town of mid Lothian, you know, see somebody with a
45:32
Speaker 1: particular gait, I have no doubt that they were you know,
45:35
Speaker 1: they immediately see the image of that person on video. Um.
45:38
Speaker 1: You know, we continue to the state to receive those
45:40
Speaker 1: types of tips. UM. I know that there will be
45:43
Speaker 1: some amount of unrest until this case is solved. UM,
45:47
Speaker 1: and you know so, so we'll keep doing the work
45:50
Speaker 1: that it requires to do that. It has been two
45:53
Speaker 1: years as the murder of Missy Beavers and still no justice.
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