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Sword and Scale contains adult themes and
violence, and is not intended for all

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audiences. Listener discretion is advised.
And sometimes I observed anything. It's it's

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just the picture is I mean amazingly
close. I mean it's you know,

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it looks just like my brother.
Sword and Scale episode two sixty five.

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Let's go, Well, you simply
haven't lived until you've cowered in a small

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closet with three cats in your significant
other thinking you're gonna die in the next

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five minutes. Yeah, for a
second there, I thought episode two sixty

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four was gonna be the last Sword
and Scale. Ever, I'm lying.

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I wasn't thinking about Thorn Scale at
all. In fact, I was thinking

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about death, the imminent death that
was coming via tornado. I'm not lying

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when I say this. The entire
sky turned black, It turned tonight in

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the middle of the day, and
this was the entire city of Houston.

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And if you've ever been to Houston, you know how fucking big it is

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that when we emerged from that closet, it was literally like a bomb had

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gone off. But we're still here, So go check out the latest episode

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of swordscal Television, Episode three.
Sure E c Iyberson before the next twister

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hits. I hear Big Daddy Government's
doing some weird shit with the weather.

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Just look at you buy two weeks
ago. Sarasota Springs sits in the western

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coast of Florida, about halfway between
Tampa and Fort Myers. Sarasota, being

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so close to the ocean is beautiful. It's lush and green in some areas,

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specifically the safer inland neighborhoods in the
suburbs. Blocks upon blocks of residential

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neighborhoods house a community of about fifteen
thousand residents. Sarazota Springs is arguably one

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of the best places to live in
Florida, specifically if you're raising a family.

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There's lots to do, the beach
is right there, and crime rates

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are low. February one, two
thousand and four, was Super Bowl Sunday,

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Josh Grobin saying you raise me Up
right before the kickoff of Super Bowl

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thirty eight, a game between New
England and Carolina. That year, the

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game was in Houston, my hometown. The song choice and location of the

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game were tributes to the seven astronauts
who lost their lives in the tragic Space

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Shuttle Columbia disaster exactly one year prior. Just to set this scene with pop

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culture landmarks, this was also the
super Bowl that featured Janet Jackson's infamous nipple

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slip, remember that one. It's
weird how you remember where you were during

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moments like that, and I'm sure
you'll remember that. All of the supermarket

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tabloids obsessed over this for the next
several weeks. Many residents of Sarasota Springs,

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like the rest of the country,
were tuning in for the game,

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having parties eating buffalo chicken wings and
drinking beer. But light, of course,

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as the tranquil hush of the Sunday
evening sunset enveloped the surroundings, the

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unexpected cries of a terrified mother desperately
searching for her child shattered the serene silence.

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Eleven year old Carly Brushaw, a
sixth grader at Macintosh Middle School,

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was staying at her friend Danielle's house
off of b Ridge Road, just a

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little over a mile from where Carly
and her family lived. Just after dinnertime

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around six PM, Carly and her
friend got into a little tiff over something

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trivial, but being a kid,
her emotions were very real to her,

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and she was angry. Carl abruptly
decided she wanted to go go back home

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and watch the Super Bowl with her
family, so she called her stepdad,

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Steve Chansler, and told him she
wanted to come back, which during the

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game is an annoying at all.
My daughter called, says she wanted to

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come home. What was set on
the phone? I don't know. A

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couple minutes later kind of calls,
says Carly standing across the street, come

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pick her up. You remember what
it was like being a kid, right,

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I mean it hasn't been that long. Emotions feel twice as intense,

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at least twice, I mean probably
more like five times, and you have

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almost no patience whatsoever. Carly was
mad and she wanted to go home right

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that minute. She didn't want to
wait for her stepdad to get there,

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you know, like the logical thing
to do, so she just took off

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walking. Carly's friend Danielle, watched
Carly standing on the corner of the street

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by her house just before she began
her mile long trek home. It was

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six eighteen pm. Though Sarrizonta Springs
has a ton of residential areas. Carly's

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walk back to her house would be
along a very busy main road. There

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were sidewalks, but the houses lining
those sidewalks quickly disappeared and were replaced by

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businesses like bars, mini golf and
car washes. As she continues to walk

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west towards her home. It was
basically a straight shot from Danielle's house.

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Carl would walk west on b Ridge
Road for about twenty minutes before turning right

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onto her street, Macintosh Road.
Then she'd walk for another few minutes and

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she'd be home to an eleven year
old. I'm sure this plan seemed easy

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enough. I've washed my hands and
out the door I went, and I

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got down there. I didn't see
her. So maybe I passed through Bee

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Ridge her and come back, drove
real slow and see her. Went into

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EV's, looked inside, see if
she is an arcade fears. So maybe

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she went the back way behind Nick's
bar, the na in the street.

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I went back around and came back. Didn't see her. So I went

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back to there Connie's house, and
I swears Carly, and so she left

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walking. I said, I can't
find it. So I went back home

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and got my wife. Were driving
around, took her back to the house

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with the girls for she yielded the
girls or whatever she said. We got

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in the van. We drove down. So I came down be rich.

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I was going real slow, my
flash was on. She was screaming out

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the one side. I was looking
across eastbound traffic trying to see so going

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across. She said, I'm going
to get out because it's a bunch of

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wooded area that had houses. Heart's
just all rubble and just trees. So

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she'll stop when I get out.
She got out, screaming Carly. So

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and she did. I pulled into
Eve's and parked, took my little boy

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out with me, and we started
walking back to where my wife was.

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Carly's mom, stepdad, and younger
brother continued looking for her for another hour.

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They took all the back roads home, weaving in and out of different

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neighborhoods. Carly's mother, Susan,
screaming Carly's name out the window as they

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drove, but the effort was fruitless. Susan's only wish was to witness her

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daughter, with her thick, ash
blonde hair and smile on her face,

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emerge from the woods unharmed. You
don't see you walking on Berridge. You

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get all the way to La Lania
address. I didn't go to La Liai.

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I passed it because I've only been
there, you know once or twice.

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I passed La LIAI. Go down
to the next intersection. I was

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there when I made a U turn
come back. Then I recognized the house

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during the corner now because I've passed
it once. I saw it was too

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late. So that's when I make
a U turn come back, and I

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didn't see her outside. So I
made it just right there the little circle

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and I come back out wet,
back down be Ridge to see her when

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never saw her, all right,
So I went all the way down to

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Macintosh, come in the back way
by Nick bark Is. Sometimes she'll come

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the back way because it's stay enough. It's shorter for her that way,

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so I come down that way.
I don't see her. So just before

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I get to the golf course,
I come out whatever that little road is

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there. I turned left and then
another left into Eve's and I looked.

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I didn't see nobody, I said, because that makes she went inside.

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But you at this point EV's is
actually open. Yeah, there's people full

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of people okay. Eve's was a
landmark for Carly, given that it was

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a center point between her and her
friend's house. It was a multi building

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collection of businesses all under the same
name, EV's Express car Wash and Mobile

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Detailing, EV's Tavern and Grill on
b Ridge, and Eve's Family Golf Center.

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Ev seems to have quite the enterprise. Inside the main building was a

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kid's arcade somewhere. Stephen thought his
stepdaughter might have stopped on her walk home.

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When he didn't find her there,
he thought perhaps she cut through EV's

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parking lot and through another neighborhood to
get back home quicker. Over an hour

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had passed since they began looking for
Carly, and Susan's heart was in the

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pit of her stomach, so she
decided to call nine one one at about

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seven thirty pm a location of the
emergency. My daughter is missing the ship

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and missing. Before now, she
had a fight with her girlfriend. She

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decided to walk home and we end
well, I only house. They have

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to walk go on. We can't
mind running where I could blo friends add

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eleven and when was the last time
that she was what she was seeing?

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It was just six o'clock. Jean
Round six o'clock and she was at a

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friend helge. Yeah, okay.
What's her name? Man? Carle c

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A R L I think and the
last name? Who? Sha b are

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you b i A? She's a
white female? Yah? O'kay? What's

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your date of birth? Sixteen eighty
two? How polishing? Who she too?

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Shy f gener what she weighs?
Were nice? And what color her?

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Does she have? Pretty? Blood? And the colors? Lou do

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you remember what she was wearing?
She over come? Don't? Don't you

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have? I can try to seven. That's okay. The deputies look at

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that from me when they come out. Okay, does she have a medical

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problems? You know? Okay?
Where was the last place that she was

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seeing? Was she did? She
had leave her friend's house and that was

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the last time that anybody saw her? Yes, okay for somebody there was

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here. Okay, all right,
we got the deputy coming over to meet

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you. Okay, if you can
get any information about what she was wearing

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when she left her friend's house,
so no, you can tell the deputy.

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Can you get that right now?
We're getting that right now. Okay,

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you can give that to the deputy. Okay, Okay, they'll be

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there as soon as they can.
Okay, okay, did you say you

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were looking around her for the last
hour and a half and was somebody what

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you looking around? Driving? All
right, ma'am, we'll get the deputy

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shout to you. Okay, okay, thanks you. Carly Brusha never made

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it home that night. Police searched
on and around Carly's potential path home until

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three o'clock in the morning. They
resumed the search the next day, and

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by noon, a bloodhound tracked Carly
sent to an area behind Evie's car wash.

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That's where the scent trail stopped.
But Eve's had security cameras everywhere.

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You know, Evie, she doesn't
miss a thing. Surely one of them

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caught Carly on tape. Carly Brusha
vanished February first, two thousand and four,

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never making it home from a sleepover
at a friend's house. The next

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day, after talking with police about
a missing girl in the area, car

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wash owner Mike Evanoff looks at tape
from his surveillance cameras. Just came in

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and saw her walking and walking and
it's just right away and I saw it.

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Just threw chisen shivers right in my
body. The video grainy and only

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ten seconds long, is chilling.
Carly is a half mile from her home.

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A man in a mechanic's uniform walks
up to her outside the car wash.

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He leads her away the man hunt
begin. The video surveillance from Evie's

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car wash showed Carly clear as day. She was facing the camera, walking

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towards it unknowingly, and a man
in a blue mechanic shirt with a white

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name tag appears to approach her from
the opposite direction. We see his back

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to the camera, but clearly he
grabs her arm and pulls her closer to

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him in a kind of aggressive way. Then he turns around to face the

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camera and pulls Carly out of frame
by the wrist. That footage is the

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last time she's ever seen again.
Shown on local and national television, the

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video brings hundred of leeds. Surely
someone would recognize the man on the grainy

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tape, and they do. On
February third, just two days after Carly's

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abduction, numerous tips came into the
Sarasota Sheriff's office, all pointing to one

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man, thirty nine year old Joseph
P. Smith. One of these callers

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even new where the guy worked Joseph
was apparently a mechanic at a place called

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Saurus Autos. When detectives arrived at
the auto body shop, they were greeted

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by a man who admitted he'd been
the one to call him the tip himself.

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He told detectives that Joseph was his
friend and co worker, but he

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had just seen the clip of Carly
Brush's abduction on television and he immediately recognized

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Joe. The guy said that he
called the shop's landlord and told him to

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turn on the news. He watched
the clip and agreed the guy in the

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footage was Joe. It had to
be. I seeing Joe with the uniform

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from the backside, from the front
side, of the way his hair was

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cut, the way that he walked
his gate was just like you know Joe

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walking through the shop. I mean, he's got a different type of walk

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to him. And then when I
watched him reach out for the you know,

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reach for the girl, I know
it was him. The coworker told

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police he didn't want to believe Joe
would be capable of such a thing,

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but he wasn't sure because he knew
Joe did hard drugs and at the time

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he was separated from his current wife. This coworker decided to call in so

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quickly because he thought of his own
eleven year old daughter and what he'd want

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his community to do if she were
missing. Imagine if we all lived by

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that role. The man in the
CCTV footage, apparently easily recognized by his

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community, was wearing a name tag
on his mechanics uniform, but the grainy

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resolution of the video footage made it
difficult to decipher. Interestingly, NASA at

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software all the way back in two
thousand and four that was able to enhance

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grainy footage. It was called Video
Image Stabilization and Registration or VISOR for short.

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It was a million dollar piece of
software, almost as expensive as our

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new app. But NASA offered it
to law enforcement in this case, and

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guess what, it fucking worked.
The name tag matched what all of the

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callers were saying. It read Joe. On February first, two thousand and

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four, eleven year old Carly Brushaw
was staying at her friend's house just a

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little over a mile from where her
own family lived in Sarasota Springs. Carly

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decided that she wanted to go home. Following a little argument she had with

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her friend and said she was going
to walk. When Danielle's mother called Carly's

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parents to confirm she had permission to
walk home, they said no, and

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Carly's mother sent her stepfather to pick
her up, but when Steve arrived,

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Carly was gone. After a massive
search, Carly's scent was picked up by

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a bloodhound at EV's car Wash,
a business located about halfway between Danielle and

203
00:19:07,039 --> 00:19:15,440
Carly's houses. CCTV camera footage showed
Carly's abduction in broad daylight. Law enforcement

204
00:19:15,599 --> 00:19:19,079
narrowed the suspect down quickly, with
the help of hundreds of tips from the

205
00:19:19,160 --> 00:19:27,960
community and NASA's million dollar Visor technology. As if all that wasn't enough of

206
00:19:27,960 --> 00:19:34,240
a jump start on this case,
the suspect's own brother contacted law enforcement to

207
00:19:34,319 --> 00:19:41,599
say the exact same thing everyone else
had said. I recognized that guy you

208
00:19:41,759 --> 00:19:45,119
called in a couple of days ago, right, well, a couple of

209
00:19:45,200 --> 00:19:48,480
days ago, Yes, it was
yesterday. Okay, it's been a blur

210
00:19:48,599 --> 00:19:52,440
as we lost track of time as
we've been in Golden But can you tell

211
00:19:52,519 --> 00:19:56,200
us about what you know what led
to your call, and what you saw

212
00:19:56,400 --> 00:20:00,200
or what you observed or what it's
not that I observed anything. It's it's

213
00:20:00,400 --> 00:20:06,119
just the picture is I mean,
amazingly close. I mean it's you know,

214
00:20:06,200 --> 00:20:08,799
it looks just like my brother.
Okay, the voice you're hearing is

215
00:20:10,200 --> 00:20:15,160
John Smith. Now the other one, that's a joke because you know the

216
00:20:15,240 --> 00:20:22,160
name's John Smith. Anyway, this
one was his brother, and he suspected

217
00:20:22,359 --> 00:20:29,599
thirty nine year old Joseph Smith as
responsible for Carly's abduction. Joe Smith,

218
00:20:29,720 --> 00:20:33,279
then John Smith. Their parents were
really creative with the names, huh.

219
00:20:34,359 --> 00:20:40,160
Anyway, As you can probably tell
by his accent, John and his brother

220
00:20:40,319 --> 00:20:45,240
Joseph were originally from Brooklyn, New
York, along with every other annoying New

221
00:20:45,319 --> 00:20:52,039
Floridian. John moved to Sarasota County
in the nineties, and Joseph followed him

222
00:20:52,440 --> 00:20:57,359
in two thousand and three. Joseph
Sarasota's main suspect was an auto mechanic.

223
00:20:59,160 --> 00:21:03,640
He was a two time devorce a
is it divorcee or devorcee? I don't,

224
00:21:04,000 --> 00:21:11,279
I don't know. And he had
three toddler age daughters, a dad

225
00:21:11,920 --> 00:21:17,279
were they full time job? And
three little girls. Is not someone you'd

226
00:21:17,440 --> 00:21:23,559
usually suspect of kidnapping someone else's little
girl. But as we know, the

227
00:21:23,680 --> 00:21:30,119
world is a wretched place. Sunday
he called me just out of the blue.

228
00:21:30,559 --> 00:21:32,960
I spoke to him a month or
so. I don't know how I'm

229
00:21:33,000 --> 00:21:33,960
doing. I said, I gotta
go, and I hung up on them.

230
00:21:34,920 --> 00:21:38,559
Then on Monday, you know,
this this thing happened. I saw

231
00:21:38,599 --> 00:21:41,240
it on the ten o'clock news and
I said, my girl said, damn,

232
00:21:41,279 --> 00:21:45,799
it looks like my brother, isn't
it. And then at eleven o'clock,

233
00:21:45,160 --> 00:21:48,759
don't don't don't my brother knocking on
my door Monday morning? No,

234
00:21:48,920 --> 00:21:52,000
at eleven o'clock at night? Oh, Monday night? Did I say Monday

235
00:21:52,039 --> 00:21:55,559
morning? No? No, you
said eleven o'clock. I was just eleven

236
00:21:55,559 --> 00:21:57,200
o'clock at night, okay, Monday
night. And remember he lives fall from

237
00:21:57,240 --> 00:22:00,720
me, so it's kind of odd
of him out of his way and opened

238
00:22:00,759 --> 00:22:03,599
the door. You know. I
was in my just my bottom pants.

239
00:22:03,839 --> 00:22:07,319
Came in and go to bed,
like, what do you want? He's

240
00:22:07,319 --> 00:22:08,160
like, oh, I thought you
wanted to talk to me. I'm like,

241
00:22:08,799 --> 00:22:11,119
what made you think I wanted to
talk to you. He's like,

242
00:22:11,200 --> 00:22:14,240
no, I got to go to
bed, and he's like, well,

243
00:22:14,279 --> 00:22:17,279
I need to talk. I'm like
I don't really care. I'm going to

244
00:22:17,319 --> 00:22:21,160
bed. I gotta go and closed
the door and then he left. It

245
00:22:21,279 --> 00:22:22,920
was just real strange, And like
I said, the next day came and

246
00:22:23,039 --> 00:22:26,119
you know, everyone's talking about it
and people calling me, hend I seeing

247
00:22:26,160 --> 00:22:29,720
your brother on the news, and
I'm like, you know, don't,

248
00:22:29,880 --> 00:22:30,880
don't don't say that's my brother,
because you don't know. You know,

249
00:22:32,240 --> 00:22:34,279
it might look like him, but
you know, unless you're hndre percent sure,

250
00:22:34,279 --> 00:22:37,559
I don't, don't say it's him. And I just I was just

251
00:22:37,720 --> 00:22:40,920
getting a lot of phone calls.
You know, he's got a very bad

252
00:22:40,960 --> 00:22:44,759
habit of drugs. You know what
was his drug of choice when he got

253
00:22:44,839 --> 00:22:48,039
when he was on that when we're
kids, it was cocaine. And then

254
00:22:48,119 --> 00:22:53,000
when he when I came down to
Florida ninety yeah, ninety, he he

255
00:22:53,359 --> 00:22:59,440
got into heroin. And heroin was
this thing for a long time, sniffing

256
00:22:59,519 --> 00:23:03,960
it and then in the past few
years pushing it. Joseph had apparently struggled

257
00:23:04,000 --> 00:23:10,880
with back pain his entire life,
turning the pills to self medicate and eventually

258
00:23:11,079 --> 00:23:18,200
escalating to intravenous heroin use. So
he maintained a job somehow and looked and

259
00:23:18,359 --> 00:23:26,200
behaved relatively normally. Joseph's drug addiction
got him into trouble numerous times for things

260
00:23:26,920 --> 00:23:32,559
like theft and possession. His most
frequent target was his own brother John.

261
00:23:33,119 --> 00:23:36,839
A friend of his called me and
said that he was going around asking people

262
00:23:36,839 --> 00:23:40,240
if they wanted to buy a snake, so he didn't have an immediate buyer,

263
00:23:40,640 --> 00:23:42,240
unlike the other things that he stole
from me in the past. Most

264
00:23:42,240 --> 00:23:47,559
of its electronics, power equipment.
Yeah, stuff that I usually leave out

265
00:23:47,559 --> 00:23:49,160
in the bag guard. Like one
time it was a paint sprayer. My

266
00:23:49,279 --> 00:23:52,519
mom was coming and I was doing
a few test spots and I got interrupted.

267
00:23:52,559 --> 00:23:56,680
I left it there and a couple
of days later it was gone.

268
00:23:56,880 --> 00:23:57,920
You know, I lived in a
pretty good need with it. You guys

269
00:23:59,000 --> 00:24:00,799
know, it's you know, you
know, we're part of ten again,

270
00:24:02,079 --> 00:24:04,400
sever sort of golf club. There's
no it's a circle, so there's no

271
00:24:04,519 --> 00:24:10,000
passive buyers, there's no people walking
around and for things to missing. You

272
00:24:10,200 --> 00:24:11,839
know who it is. I mean, it doesn't just it doesn't happen over

273
00:24:11,880 --> 00:24:15,720
there. We're too close over there. So you know, like I said,

274
00:24:15,720 --> 00:24:19,359
he's gotten me about four or five
times. So before you said he

275
00:24:19,440 --> 00:24:26,240
came over Monday night at eleven eleven. Prior to Monday night at eleven,

276
00:24:26,279 --> 00:24:30,200
when's the last time you had saw
him face to face? So on December

277
00:24:30,359 --> 00:24:34,279
twenty fourth, Christmas Christmas Eve,
if he went to do a shake my

278
00:24:34,359 --> 00:24:37,039
hand, I pushed him and shoved
him. But we were all posted to

279
00:24:37,039 --> 00:24:41,240
me to my sister's house and he
just robbed me that the day before,

280
00:24:41,240 --> 00:24:45,880
so I was still pretty mad.
And then he picked up his kids and

281
00:24:45,200 --> 00:24:48,440
left them. So that was like
a family Christmas. Yeah, well,

282
00:24:48,599 --> 00:24:52,440
everyone was going to my sister's house, and you know, I hadn't found

283
00:24:52,440 --> 00:24:56,720
out about that until a few hours
earlier that it was actually him that day.

284
00:24:56,839 --> 00:24:57,559
I mean, I knew it was
him when I first went home with

285
00:24:57,599 --> 00:25:02,880
this first way he was missing his
wife's is. At three o'clock, he

286
00:25:02,920 --> 00:25:06,400
said, I'll be right home to
his wife. Three o'clock came, four

287
00:25:06,400 --> 00:25:08,160
o'clock came, five, six,
seven, eight o'clock came. His wife

288
00:25:08,240 --> 00:25:11,400
called me. I said, I
got to run home, drop money on

289
00:25:11,519 --> 00:25:15,279
to my girlfriend, and then I'll
come back and I don't know what I'll

290
00:25:15,319 --> 00:25:18,720
do, but I'll be there for
you. I did just that, and

291
00:25:18,799 --> 00:25:21,400
when I got home, I seen
the spot where it was. I went

292
00:25:21,440 --> 00:25:22,960
inside. I said, Babe,
did you put that snake in the garage

293
00:25:22,960 --> 00:25:26,200
because it's too heavy and didn't think
she'd do it. He's like, no,

294
00:25:26,319 --> 00:25:27,720
I thought you did. I was
like, the fuck it? So

295
00:25:27,839 --> 00:25:30,640
anyway, I know, but him
missing, I know exactly put two and

296
00:25:30,680 --> 00:25:33,799
two together. So the first time
I went to his house, waited for

297
00:25:33,799 --> 00:25:37,440
a little while. Then he called
me in his cell phone and he said,

298
00:25:37,720 --> 00:25:38,839
John, I'm trying to get in
touch at everybody, but no one's

299
00:25:38,880 --> 00:25:41,920
answering the phone, Like, Joe, cut the shit. I'm at your

300
00:25:42,000 --> 00:25:45,039
house. Come here now. I
want my snake back. And he's like,

301
00:25:45,319 --> 00:25:48,160
what snake? What snake? I
said, Joe, whatever, just

302
00:25:48,319 --> 00:25:52,000
get home. Your kids are crying, wife's crying. Just get home.

303
00:25:52,400 --> 00:25:55,319
He was right around the corner.
He came home, and when he got

304
00:25:55,319 --> 00:25:56,519
out of the car, the first
thing he said was I mean, you'd

305
00:25:56,640 --> 00:26:00,799
expect him to say I'm sorry,
babe, and I'm missing while he's out.

306
00:26:00,079 --> 00:26:03,359
No, He's like, what is
John talking about the snake? I

307
00:26:03,519 --> 00:26:07,000
was like, hello, whatever,
you know. I said a few words

308
00:26:07,079 --> 00:26:10,039
to him, and his eyes were
like this, you know I know what

309
00:26:10,079 --> 00:26:12,799
he was doing. And I left
and then Christmas Eve came and we had

310
00:26:12,839 --> 00:26:17,240
that altercation and that was it,
and I didn't see him toild Monday.

311
00:26:18,000 --> 00:26:23,079
Here's the biggest red flag of all. Joseph had no alibi for the time

312
00:26:23,279 --> 00:26:27,559
Carly went missing, so you know, definitely he was also missing Sunday.

313
00:26:29,599 --> 00:26:30,279
I don't know, you guys where
we heard that? All right? He

314
00:26:30,359 --> 00:26:33,880
was missing Sunday? What do you
what do you know about that? He

315
00:26:34,039 --> 00:26:40,279
was missing between I think three and
seven, thirty three and eight, and

316
00:26:40,400 --> 00:26:44,319
he lied to three different people.
That's the part that I mean. I

317
00:26:44,359 --> 00:26:47,079
haven't know my brother, but if
he did it, he's gonna rot in

318
00:26:47,160 --> 00:26:49,279
hell because that's pretty shitty to go
for, you know, the little child

319
00:26:51,480 --> 00:26:55,680
he told. Let me see,
he told the people that he the stories

320
00:26:55,720 --> 00:26:59,680
that you know of or what he
told the people he was staying with.

321
00:26:59,799 --> 00:27:03,119
He took their car, Mimi and
Jeff, that's who he's staying with,

322
00:27:03,160 --> 00:27:07,319
because they had problems at home because
of all his drug shit. He told

323
00:27:07,400 --> 00:27:11,519
them he was going to work.
No, he told them he was going

324
00:27:11,559 --> 00:27:12,880
with his wife, I think,
and they told his wife that he was

325
00:27:12,920 --> 00:27:17,640
working on someone's car. They told
my mom they was sitting at Marina Jack's

326
00:27:17,720 --> 00:27:19,680
looking at the water. You know, that's not like my brother. He's

327
00:27:19,720 --> 00:27:23,079
not you know, a sight seeri
or whatever. So everything was just like,

328
00:27:23,200 --> 00:27:26,319
oh, you know, you did
it again, you know, the

329
00:27:26,359 --> 00:27:29,680
hell with you? And those were
the hours he was missing. And then

330
00:27:29,759 --> 00:27:33,640
to see that on TV, you
know Monday, I mean that looks damn

331
00:27:33,680 --> 00:27:37,240
clothes like him he was now Monday. He didn't have a white sneakers though,

332
00:27:37,240 --> 00:27:40,319
he hit on black boots, and
I did think that was strange because

333
00:27:40,599 --> 00:27:41,759
I never seen him with black boots
on. You know, he usually does

334
00:27:41,799 --> 00:27:45,799
have the white sneakers on, which
in the video he has white sneakers,

335
00:27:45,799 --> 00:27:48,960
which his wife said he was wearing
those white sneakers Sunday morning, and she

336
00:27:48,039 --> 00:27:52,279
also confirmed that he was wearing his
mechanic thing. Looks like the police had

337
00:27:52,319 --> 00:27:57,079
the right guy in their crosshairs and
his brother John was spilling the beans.

338
00:27:59,319 --> 00:28:04,279
Granted it was probably because he had
such a resentment built up against his brother

339
00:28:04,359 --> 00:28:11,559
after years of repeated thefts, but
either way, John Smith was useful to

340
00:28:11,680 --> 00:28:17,519
police, and he'd proved useful later
on. Also, the tips led police

341
00:28:17,640 --> 00:28:22,759
right to Joseph Smith three days after
Carly disappears. Joseph Smith is arrested at

342
00:28:22,759 --> 00:28:27,319
his house on cocaine possession and a
probation violation. Police believe they have their

343
00:28:27,440 --> 00:28:33,200
man. These charges give them enough
to hold him. Law enforcement pulled up

344
00:28:33,240 --> 00:28:37,880
to Joseph's last known address in an
unmarked vehicle and knocked on the door.

345
00:28:37,920 --> 00:28:42,359
Joseph was staying with a friend because
of his impending divorce. One of the

346
00:28:42,400 --> 00:28:48,839
neighbors indicated there was someone inside the
house, so an officer knocked. There

347
00:28:48,039 --> 00:28:53,440
was no answer. The officer called
his supervisor to ask for some instruction,

348
00:28:53,559 --> 00:29:00,599
and the supervisor told him Joseph Smith
was on probation, so they called his

349
00:29:00,759 --> 00:29:06,240
probation officer to the scene. Eventually, Joseph's sister showed up and told the

350
00:29:06,319 --> 00:29:10,759
cops she would go get her brother. They brought him out. They asked

351
00:29:10,839 --> 00:29:15,319
him a few questions regarding his whereabouts
the day Carly was abducted, and they

352
00:29:15,400 --> 00:29:21,559
searched his room and car Joe acted
like he had no knowledge of the abduction.

353
00:29:22,440 --> 00:29:26,079
Detectives even showed him a still photo
from the CCTV footage as the car

354
00:29:26,319 --> 00:29:30,240
wash, and he replied, that
looks like me, but it's not me.

355
00:29:30,920 --> 00:29:37,920
You're right, okay, it's been
a long day it's been a long

356
00:29:37,000 --> 00:29:42,079
day with you. I've spent a
long day with you. I know we

357
00:29:42,160 --> 00:29:45,960
went together the whole time, but
it's been a long day with you.

358
00:29:48,119 --> 00:29:53,519
This is going to be exactly like
out at your house. Okay, We've

359
00:29:53,559 --> 00:30:00,160
got to sit down and we have
to talk. Certainly, since I've up

360
00:30:00,160 --> 00:30:08,000
to your house, I've been at
work. But just like just like your

361
00:30:08,039 --> 00:30:12,200
house, I want to just talk. You and I have some things to

362
00:30:12,279 --> 00:30:18,160
talk about, okay, because some
of the things at the house we got

363
00:30:18,279 --> 00:30:22,759
to get straight. That's the most
important thing, okay, in this room,

364
00:30:22,480 --> 00:30:26,039
it's about the truth. Mm hmm. Okay, it's the most important

365
00:30:26,079 --> 00:30:33,359
thing that goes on in this room
is the truth. But we're not at

366
00:30:33,400 --> 00:30:37,359
your house. We're at my house. Okay. And because we're at my

367
00:30:37,519 --> 00:30:41,279
house and you're here, and I'm
a law enforcement officer and this is a

368
00:30:41,319 --> 00:30:45,400
police station. Before we can talk, I have to read to your rights.

369
00:30:45,240 --> 00:30:48,400
Have you heard that before? Yeah, Adam twelve and TV and it

370
00:30:48,680 --> 00:30:56,880
was already advised to talk to a
lawyer who advised you, friend of mine?

371
00:30:57,880 --> 00:31:03,920
When did you invite that? Wonderful
okay, when did that happen?

372
00:31:04,559 --> 00:31:11,559
When did that happen? Well,
we talked to Okay, that means you

373
00:31:11,640 --> 00:31:19,920
and I can't talk, should talk
to a lawyer. The detective left Joseph

374
00:31:21,160 --> 00:31:26,640
in the interrogation room for about fifteen
minutes before returning. It's always a drag

375
00:31:27,200 --> 00:31:33,519
for cops when the suspect of an
exceptionally horrible crime decides he needs to speak

376
00:31:33,920 --> 00:31:38,559
with a lawyer. But it's you
know, also his right. In Joseph's

377
00:31:38,599 --> 00:31:42,200
case, he didn't have a lawyer
yet. When I came out to you

378
00:31:42,640 --> 00:31:49,279
house, I told you the grave
seriousness of my job. The most important

379
00:31:49,319 --> 00:31:56,279
part of my job is to attempt
to locate this child. As such,

380
00:31:56,400 --> 00:32:00,759
I am willing to go to any
links in order to work. Do you

381
00:32:00,920 --> 00:32:05,000
have an attorney right now that I
can contact to come down and talk to

382
00:32:05,079 --> 00:32:09,119
you. Would you like me to
contact the Public Defender's office and have a

383
00:32:09,200 --> 00:32:14,240
lawyer come down and talk with you
right now? I'd like to talk to

384
00:32:14,359 --> 00:32:20,720
my family. This is an ongoing
investigation. I have got to find that

385
00:32:20,880 --> 00:32:25,640
little girl. You have asked and
request a lawyer. I must provide you

386
00:32:27,079 --> 00:32:31,279
that lawyer, but this investigation has
to go on for it. In order

387
00:32:31,359 --> 00:32:36,440
for this investigation to continue, I
need you to talk to that lawyer?

388
00:32:37,720 --> 00:32:43,400
Do you have one in mind?
Can I contact the Public Defender's office for

389
00:32:43,519 --> 00:32:46,960
you and they can bring a lawyer
down here? Yeah? Would that be

390
00:32:47,079 --> 00:32:52,519
okay? I guess, And you
know, I'd rather talk to my family

391
00:32:52,799 --> 00:32:58,359
see what they will suggest it with
a lawyer. Do they have suggestion?

392
00:32:58,559 --> 00:33:01,720
Do they know a lawyer? Sure? My brother, my mother wouldn't know.

393
00:33:02,559 --> 00:33:07,279
Is that a lawyer that you want
to represent you? I know,

394
00:33:07,000 --> 00:33:10,640
I guess that they wouldn't know the
direction would take. I mean, I

395
00:33:10,680 --> 00:33:14,200
don't know. You know, I
didn't give this much thought. You know,

396
00:33:15,200 --> 00:33:21,839
well that's obvious you were caught on
camera. Joseph also had no idea

397
00:33:22,319 --> 00:33:25,640
that his brother had been blabbing up
a storm about him. His family would

398
00:33:25,680 --> 00:33:32,039
be of no help at this point. I don't. I mean, you

399
00:33:32,160 --> 00:33:37,799
tell you tell me first that it's
something different, and you go into the

400
00:33:37,920 --> 00:33:43,240
house and you tell me something different
there. I mean, I don't understand

401
00:33:44,279 --> 00:33:47,640
you weren't totally honest with me there. What's my job to be honest with

402
00:33:47,720 --> 00:33:52,960
you? Or find a little girl? That's number one? Number one?

403
00:33:52,880 --> 00:33:58,720
Yeah, but I mean I can't
discuss this case with you anymore. But

404
00:33:58,839 --> 00:34:02,720
I need to talk. You need
to talk because this case has got to

405
00:34:02,839 --> 00:34:07,480
go. It's got to continue.
You're the key person as such. I

406
00:34:07,599 --> 00:34:09,920
need to get a lawyer in here, and he is going to sit down

407
00:34:09,960 --> 00:34:15,559
and talk with you, and then
maybe through him we can talk. Then

408
00:34:15,679 --> 00:34:20,039
again, you won't. You won't
tell me what's going on. I don't

409
00:34:20,079 --> 00:34:24,360
understand. I guess how would I
even know that? His lawyers from the

410
00:34:24,440 --> 00:34:30,280
Public Defender's office. I have a
set of rules that I've sworn to a

411
00:34:30,360 --> 00:34:37,440
bed and like you said, you
know this is a serious thing. I

412
00:34:37,519 --> 00:34:40,760
mean, I was supposed to be
clear to this thing. That's not so

413
00:34:42,159 --> 00:34:46,480
simple. When cameras show you committing
the crime, the whole community agrees it

414
00:34:46,679 --> 00:34:52,199
was you, and your alibi doesn't
add up. Things are not looking good,

415
00:34:52,280 --> 00:34:57,239
Joe. What is the public defender
going to tell me? Is he

416
00:34:57,320 --> 00:35:00,199
going to tell me what's going on? Does he have any information? He

417
00:35:00,360 --> 00:35:05,920
will, and then we can talk. That's what's gotta bean. I'm my

418
00:35:06,039 --> 00:35:10,000
contacting Now. Okay, did you
say something? Do you think do you

419
00:35:10,039 --> 00:35:15,000
think that I could smoke up?
But it is a federal buildings smoking here,

420
00:35:15,159 --> 00:35:21,280
I mean like outside or something.
All right, now you gotta tell

421
00:35:22,599 --> 00:35:24,480
Yeah, we're working. We're working
on right now. I don't need to

422
00:35:24,559 --> 00:35:30,760
talk to you know, my family. See what's cold on, Joe.

423
00:35:32,079 --> 00:35:37,039
Once you have decided to speak to
a lawyer, I am under an obligation

424
00:35:37,199 --> 00:35:43,039
to respect that right unless you revoke
it and say, take of Davis.

425
00:35:43,480 --> 00:35:45,679
Okay. I want to talk to
you, but you have to do that.

426
00:35:45,960 --> 00:35:51,000
Okay. As such, I can't
talk to you. You have asked

427
00:35:51,079 --> 00:35:53,480
for a lawyer. I am going
to get you one from the Public Defender's

428
00:35:53,519 --> 00:36:00,199
office. Okay, I can't talk
to you. You have requested a What

429
00:36:00,400 --> 00:36:07,920
about my family? Why can't I
quote them? M You can't call them

430
00:36:08,599 --> 00:36:15,519
because they're not part of this m
HM. And these are the these are

431
00:36:15,559 --> 00:36:22,400
the people that are telling me to
get a lawyer. You know, I

432
00:36:22,559 --> 00:36:27,199
want to I want to talk to
my ANNs or my brother Joe, the

433
00:36:27,280 --> 00:36:32,360
people they give you legal advice.
I ain't here, of course I want

434
00:36:32,400 --> 00:36:37,400
to talk to them. It's just
a phone call. Let them know what's

435
00:36:37,480 --> 00:36:43,519
going on. And my mom's real
concerned, you know, my brother,

436
00:36:43,960 --> 00:36:49,679
everybody Okay, Yeah, Joe's brother
was concerned, but he was concerned about

437
00:36:49,719 --> 00:36:54,800
whether or not Joseph had really committed
this horrible crime, because it sure was

438
00:36:54,920 --> 00:37:00,800
looking that way. Once they put
Joseph in jail, they set up a

439
00:37:00,840 --> 00:37:07,039
little scheme with his brother John.
John knew Joe would never ever confess to

440
00:37:07,119 --> 00:37:12,559
the crime. If it was something
he really did, it was so horrible.

441
00:37:12,840 --> 00:37:16,519
This would be a truth that Joe
would take to his grave. John

442
00:37:16,599 --> 00:37:22,440
suggested that if someone went to Joe
and confessed to crimes that they'd committed that

443
00:37:22,559 --> 00:37:29,000
were similar to the ones Joe was
accused of, then perhaps maybe he might

444
00:37:29,039 --> 00:37:32,639
be willing to open up about what
he'd done. Well, that didn't work.

445
00:37:34,559 --> 00:37:37,599
Then a meeting between John, Joe, and their mother was arranged at

446
00:37:37,639 --> 00:37:42,880
the jail, but he wouldn't crack. He knew they were trying to get

447
00:37:42,880 --> 00:37:47,000
a confession out of him and didn't
say a thing. But on February fifth,

448
00:37:49,599 --> 00:37:54,440
it all came spilling out. Tell
me about and I'm talking about today.

449
00:37:54,880 --> 00:38:00,800
Tell me about your first contact with
him, May Smith. Contact today

450
00:38:00,039 --> 00:38:07,199
was the beginning of the shift.
We have to feed the inmates normally around

451
00:38:07,280 --> 00:38:13,159
four point thirty, and I handed
him a food tray and a cold beverage

452
00:38:14,400 --> 00:38:20,440
and that was it. What was
his mannerisms or did you observe anything about

453
00:38:20,519 --> 00:38:24,159
him? He looked like he was
under a lot of stress and his eyes

454
00:38:24,199 --> 00:38:30,239
were glassy, like you just got
done crying. Did he say anything to

455
00:38:30,360 --> 00:38:36,719
you? No, and he gave
him his food and left right. Tell

456
00:38:36,760 --> 00:38:39,920
me about the next contact you had
with him. The next contact I had

457
00:38:40,000 --> 00:38:45,559
with mister Smith was when I got
back the food tray from him. When

458
00:38:45,559 --> 00:38:51,639
he was done eating. He was
staring at me in a manner that he

459
00:38:51,760 --> 00:38:55,400
wanted to talk to me and that
he had some things on his mind that

460
00:38:55,480 --> 00:39:00,239
he wanted to talk about. When
he handed me to the food t right,

461
00:39:00,039 --> 00:39:07,119
he told me that all that was
going on around him was very stressful

462
00:39:07,920 --> 00:39:13,280
and he wanted to end it tonight. While I instructed him that first of

463
00:39:13,320 --> 00:39:15,880
all, I wasn't clear on what
he meant by ending it, if he

464
00:39:15,960 --> 00:39:22,239
wanted to end his life or end
the ongoing investigation. His response was that

465
00:39:22,320 --> 00:39:25,639
he wanted to speak to his attorneys
because there was just too much going on

466
00:39:25,760 --> 00:39:30,199
in his head and he wanted to
get it out of his head now.

467
00:39:30,280 --> 00:39:35,639
He made it clear to me that
he wasn't suicidal and that he wanted to

468
00:39:35,760 --> 00:39:42,679
confess to what was on his mind
to his attorneys. Again, he said,

469
00:39:42,719 --> 00:39:46,760
I have to end this tonight.
And at this point he was demanding

470
00:39:46,840 --> 00:39:52,119
to see his attorneys. He wasn't
hollering, but he was standing up against

471
00:39:52,159 --> 00:39:55,880
the bars talking to me, squeezing
the bars. You could see that,

472
00:39:58,159 --> 00:40:01,840
you know, the frustration in his
forearms, that he wanted to speak to

473
00:40:01,920 --> 00:40:07,679
his attorneys right now. He then
said that he wanted to put closure to

474
00:40:07,840 --> 00:40:15,360
this tonight. He then stated,
I really fucked up. He then he

475
00:40:15,440 --> 00:40:21,519
asked me, Divino, how big
is this right now? Meaning the media

476
00:40:22,400 --> 00:40:28,119
type of thing? And then he
said, I think I guess he finally

477
00:40:28,239 --> 00:40:35,480
realized that this is all over the
place, meaning it's all over the country

478
00:40:36,000 --> 00:40:39,159
within the news media. Did you
respond to when he asked how big it

479
00:40:39,400 --> 00:40:46,679
was? I told him that there's
flyers around the county because that's what I

480
00:40:46,760 --> 00:40:52,400
witnessed. Joseph then asked the officer
if he can have the phones turned back

481
00:40:52,480 --> 00:40:55,599
on, as they'd been turned off
for the night already. He'd done this

482
00:40:55,760 --> 00:41:01,960
before for other inmates, so the
officer greed. Joseph called his brother,

483
00:41:02,119 --> 00:41:07,800
and the officer tried hard to listen
in on the conversation. According to the

484
00:41:07,920 --> 00:41:14,000
timeline of events in this case,
I'm assuming these Jael house calls weren't recorded

485
00:41:14,199 --> 00:41:21,360
for some reason, and I guess
John said to mister Smith that Joe,

486
00:41:21,440 --> 00:41:24,800
I can't hear you. I can't
hear you can speak up, and Joe's

487
00:41:25,360 --> 00:41:30,000
mister Smith started talking a little louder. I guess there was a big connection

488
00:41:30,119 --> 00:41:36,519
in the phone or there was noise
in the background because John could not hear

489
00:41:37,480 --> 00:41:43,960
mister Smith. He then said,
she's between two trees, not too far

490
00:41:44,159 --> 00:41:49,599
back. He then said maybe by
the tree line. And then he said

491
00:41:49,679 --> 00:41:54,039
to John. And at this point
he was very emotional. His eyes were

492
00:41:54,639 --> 00:42:00,360
wading, he was choked up.
He said, John, tell mom,

493
00:42:00,440 --> 00:42:05,639
I'm sorry. I was not thinking
right. Please tell Mom, I'm sorry.

494
00:42:06,760 --> 00:42:09,239
Did he hang up or you think
he was cut off? No,

495
00:42:09,400 --> 00:42:15,199
he hung up the phone very softly
and walked back through the home. After

496
00:42:15,280 --> 00:42:20,800
his arrest, Smith's brother John visits
him in jail, and later the brothers

497
00:42:20,840 --> 00:42:25,559
talked by phone. Later at the
trial, John Smith testified about those conversations

498
00:42:27,079 --> 00:42:32,199
and against his brother. Did he
say anything about how it ended? I

499
00:42:32,400 --> 00:42:36,639
asked he was to show what do
you mean? What did you ask?

500
00:42:37,280 --> 00:42:40,079
And try to speak up again?
Remember you've got she was dead, and

501
00:42:40,199 --> 00:42:45,280
what did he say? I don't
know she could be John Smith testified,

502
00:42:45,440 --> 00:42:49,800
Joseph told him what he'd done to
Carly Brusha and that the body was hidden

503
00:42:49,880 --> 00:42:52,039
near a church. Was there an
open field at the church? Yes?

504
00:42:52,880 --> 00:42:58,920
John Smith tells police where to find
Carly Brushaw. February fifth, two thousand

505
00:42:58,920 --> 00:43:01,400
and four. Her body is found
on the grounds of the Central Church of

506
00:43:01,519 --> 00:43:07,119
Christ in Sarasota. The body of
beautiful love you, old girl, Carly

507
00:43:07,199 --> 00:43:15,119
Yusha has been found. Joseph Smith
is under arrest for the abduction and murder

508
00:43:15,719 --> 00:43:22,119
of Carly. Joseph's phone confession detailed
that he had raped Carly in a borrowed

509
00:43:22,320 --> 00:43:28,000
beige station wagon before strangling her and
driving her to a field behind a church

510
00:43:28,480 --> 00:43:32,360
on Proctor Road. In a letter
to John, Joe said that he took

511
00:43:32,440 --> 00:43:38,159
Carly's pink backpack and threw it into
the water at Marina Jack in Sarasota.

512
00:43:39,320 --> 00:43:45,039
Later on, Joe had more conversations
with his mother and brother. In one

513
00:43:45,079 --> 00:43:49,679
of them, Joe's mother comforted him
by telling him the best thing he could

514
00:43:49,719 --> 00:43:55,119
do was to try to explain it
was an accident. Nice right. Then

515
00:43:55,440 --> 00:44:00,280
she went on to tell him she
knew he would never do something like this

516
00:44:00,440 --> 00:44:06,360
on purpose, but the news media
and the community were all up in arms

517
00:44:06,440 --> 00:44:12,920
because of the severity of his charges. Joe clarified with his mother, asking

518
00:44:13,000 --> 00:44:17,360
her if she knew what his charges
were in she said she did. She

519
00:44:17,480 --> 00:44:23,519
also asked him what she should relay. Towards the end, the brothers seemed

520
00:44:23,519 --> 00:44:28,639
to be discussing a plan that would
have made them a lot of money.

521
00:44:29,400 --> 00:44:34,320
Here's a later interview of John Smith
explaining what really went down during and after

522
00:44:34,559 --> 00:44:39,159
Joseph's first confession. He told me
and he strangled her. You know,

523
00:44:39,320 --> 00:44:43,000
that was what he told me when
they put me together in a little jail

524
00:44:43,079 --> 00:44:47,159
cell, a little meeting there.
And the reason why when I came out,

525
00:44:49,239 --> 00:44:50,599
they said, well, you know, what did he say? What

526
00:44:50,679 --> 00:44:54,360
did he say? Isaiah said nothing, because he told me that he tied

527
00:44:54,440 --> 00:44:59,519
her up, and I thought I'd
just drove over there, let it go

528
00:45:00,320 --> 00:45:05,920
like that. But after that he
started sending me a letter and so forth,

529
00:45:06,000 --> 00:45:07,480
and you know, in his own
admission, and you know, he

530
00:45:08,000 --> 00:45:15,079
talked to her death. John's admission
is still slightly unclear, so let me

531
00:45:15,159 --> 00:45:20,119
fix that. When Joseph originally confessed
to his brother, he seemed to be

532
00:45:20,239 --> 00:45:24,159
under the impression that though he raped
Carly and choked her out. She may

533
00:45:24,280 --> 00:45:30,880
still be alive. Joseph told his
brother John where he could find the body,

534
00:45:30,960 --> 00:45:35,519
and John planned to drive out there
to untie her, take a photo

535
00:45:35,599 --> 00:45:39,800
of her, and sell it to
the media, then report his findings.

536
00:45:40,960 --> 00:45:45,360
I guess they thought they would make
John look like a hero, like a

537
00:45:45,000 --> 00:45:52,039
Batman character. So John did actually
drive out to the church with intentions to

538
00:45:52,199 --> 00:46:00,039
carry out this ridiculous plan, but
he couldn't find Carly's body. Joseph's mother

539
00:46:00,159 --> 00:46:07,159
and brother seemed to be enablers,
even participators. Perhaps that's the reason John

540
00:46:07,199 --> 00:46:14,440
would later testify against his brother at
trial, acting as the prosecution's key witness.

541
00:46:15,400 --> 00:46:19,360
When Carly's body was found, she
was of course no longer living.

542
00:46:20,440 --> 00:46:25,039
She wasn't found bound, but her
extremities had marking suggesting she had been.

543
00:46:27,239 --> 00:46:32,079
She was found partially undressed, corroborating
Joseph's confession of sexual assault, and they

544
00:46:32,119 --> 00:46:38,639
were marking suggesting Joseph had dragged Carly's
body to its final resting place on the

545
00:46:38,760 --> 00:46:45,719
ground amidst some trees. This man, who had young daughters himself, had

546
00:46:45,880 --> 00:46:52,000
raped and murdered an innocent little girl. He didn't even know whether he was

547
00:46:52,079 --> 00:47:00,119
using drugs or not. He felt
entitled to someone else's child for her his

548
00:47:00,199 --> 00:47:07,599
own sexual deviancy, and he jumped
on the first opportunity he saw. Joseph

549
00:47:07,760 --> 00:47:13,159
pleaded not guilty to the charges of
first degree murder, kidnapping, in sexual

550
00:47:13,280 --> 00:47:17,440
battery. He wouldn't go to trial
until late two thousand and five. In

551
00:47:17,559 --> 00:47:24,400
the meantime, journalists and detectives were
digging up disturbing things in Joseph's past that

552
00:47:24,519 --> 00:47:30,519
should have had him locked up long
before he saw eleven year old carl Brusha

553
00:47:30,599 --> 00:47:57,639
walking alone on that fateful Super Bowl
Sunday. Thirty nine year old Joseph P.

554
00:47:57,920 --> 00:48:02,039
Smith pleaded not guilty to the crimes
he committed against an innocent child,

555
00:48:02,719 --> 00:48:07,559
eleven year old Carly Brushaw on February
first, two thousand and four. His

556
00:48:07,760 --> 00:48:14,519
DNA was found on her clothing.
Her body showed evidence of strangulation and sexual

557
00:48:14,559 --> 00:48:20,679
assault, and the fibers from the
station wagon Joe was driving were retrieved from

558
00:48:20,800 --> 00:48:27,280
Carly's body. Joseph was unaccounted for
during the exact stretch of time Carly went

559
00:48:27,360 --> 00:48:32,679
missing and was murdered. Joseph had
even confessed his crimes in many different ways

560
00:48:32,760 --> 00:48:37,280
to his brother and mother. He
spoke with them over the phone, he

561
00:48:37,840 --> 00:48:45,480
wrote letters, and eventually his brother
John Smith was called to testify against him.

562
00:48:45,480 --> 00:48:52,159
This was cut and dry. It
retraumatized the community to have to relive

563
00:48:52,400 --> 00:48:57,480
this crime two years later, but
the jury made quick work of the whole

564
00:48:57,639 --> 00:49:00,679
ordeal. You could feel the tension
in the court room. The judge warned

565
00:49:00,679 --> 00:49:06,079
everyone scream or shout and you're tossed
out. And then came the verdict,

566
00:49:06,119 --> 00:49:08,960
broadcast across the country. Will the
jury find as follows as to count one

567
00:49:09,000 --> 00:49:13,119
of the charges, the defendant is
guilty of murder in the first degree as

568
00:49:13,239 --> 00:49:16,440
charged. Carly Bruce's mother broke down, crying and said thank you Jesus.

569
00:49:17,079 --> 00:49:22,760
Carly's father simply nodded in approval.
Joseph Smith guilty on all counts. Baylis

570
00:49:22,920 --> 00:49:25,599
to give the ring to take Smith
away when the judge had to slow them

571
00:49:25,639 --> 00:49:30,800
down. I need to just slow
down for one second. Smith will be

572
00:49:30,880 --> 00:49:34,639
back in court a week from Monday
when the same jury returns to recommend a

573
00:49:34,800 --> 00:49:38,039
life or death sentence. I will
now be preparing to present further evidence on

574
00:49:38,119 --> 00:49:43,159
November the twenty eighth, and will
be arguing that a sentence of life in

575
00:49:43,280 --> 00:49:47,679
prison without possibility of parole is the
best decision in this case. I almost

576
00:49:47,719 --> 00:49:52,079
one of the most precious things to
me in my life because of an animal,

577
00:49:52,360 --> 00:49:58,519
a disgusting, perverted animal. The
jury took five hours to pull over

578
00:49:58,599 --> 00:50:01,480
the evidence, the surveillance video,
the letter that Smith sent to his brother,

579
00:50:01,960 --> 00:50:06,880
and the recorded conversations between Smith and
his mother where he admitted killing her.

580
00:50:07,559 --> 00:50:12,320
Joe, the best thignque you could
do is just try and explain it

581
00:50:12,440 --> 00:50:16,800
with an accident. I know that, Joe. You don't think that I

582
00:50:16,800 --> 00:50:22,639
would do that off as well.
And if Carly's mother could speak to Smith,

583
00:50:22,039 --> 00:50:24,920
if I could speak to him,
I'd like to know why he chose

584
00:50:25,159 --> 00:50:30,840
my daughter and why he had to
kill her. And I'm sure she let

585
00:50:30,960 --> 00:50:35,000
him know that she was only eleven
years old. How could he go through

586
00:50:35,039 --> 00:50:38,239
with it? Carly's family members weren't
the only ones affected by this horrible crime.

587
00:50:39,159 --> 00:50:45,840
All of Carly's friends and classmates were
on high alert. Joseph's former wives

588
00:50:45,880 --> 00:50:51,320
and children had to deal with the
shame of being connected to such a monster

589
00:50:52,440 --> 00:50:55,480
and take this with a grain of
salt. Given John's involvement in the aftermath

590
00:50:55,519 --> 00:51:00,960
of his brother's crimes, but he
sees himself as a victim. Also,

591
00:51:00,800 --> 00:51:07,760
my life, my life crashed,
like you have no idea when all this

592
00:51:07,840 --> 00:51:10,840
shit happened, and he's the cause
of it. He's the direct cause of

593
00:51:10,880 --> 00:51:15,719
it. You think he cares how
many legs you ruined? He doesn't give

594
00:51:15,719 --> 00:51:20,000
a fuck. All he wants is
money for her comments are he does not.

595
00:51:20,239 --> 00:51:25,119
He does not give a fuck.
I don't think he realizes, you

596
00:51:25,199 --> 00:51:31,079
know what he's done to everybody,
But still don't you people realize who he

597
00:51:31,239 --> 00:51:36,360
is. He's a monster. The
money killed a little kid. And you're

598
00:51:36,400 --> 00:51:39,400
not gonna talk to me because I
testifyed and that's crazy, but that's not

599
00:51:39,519 --> 00:51:43,400
happened. I have no family.
None of my family would talk to me.

600
00:51:43,679 --> 00:51:50,679
He's my sister, so not only
my whole life crash. No family

601
00:51:50,760 --> 00:51:53,800
talks to me. He's been rough, you know, you know, I

602
00:51:53,920 --> 00:52:00,159
die. I don't real hard and
the drugs and the women since this habited

603
00:52:01,159 --> 00:52:07,840
my life, just it just it
just died. I can't explain it.

604
00:52:09,360 --> 00:52:13,840
I testified, I did the right
thing. None of my family talked to

605
00:52:13,960 --> 00:52:21,599
me, only my sister. Nobody, not my end because it won't even

606
00:52:21,679 --> 00:52:25,280
take a Facebook request because I'm a
rat. You don't talk to cold.

607
00:52:25,880 --> 00:52:30,599
That's bullshit. You know, he
did something wrong, the worst crime you

608
00:52:30,679 --> 00:52:35,280
can do. You murdered, you
raped it, you killed a kid.

609
00:52:36,119 --> 00:52:39,920
You know, so how could you? How could you look at me as

610
00:52:39,960 --> 00:52:43,440
a riot? It doesn't even have
any First of all, they didn't even

611
00:52:43,519 --> 00:52:47,079
need me. They had all the
events. Joseph's life was not virtuous,

612
00:52:49,280 --> 00:52:55,320
not before he murdered Carly and not
after. Joseph had already been arrested thirteen

613
00:52:55,719 --> 00:53:01,559
times prior to his final act of
vice violence, and he'd been on probation

614
00:53:01,719 --> 00:53:09,360
nearly constantly since nineteen ninety three,
often violating the terms. Joseph's brother believes

615
00:53:09,440 --> 00:53:14,880
Joe may have also been responsible for
the murder of a young woman named Tara

616
00:53:15,320 --> 00:53:21,920
Riley in Bradington, Florida, just
four years before Carly's murder. Tara Riley's

617
00:53:22,039 --> 00:53:27,760
naked body was found in a retention
pond behind a Bradington Walmart in two thousand.

618
00:53:29,000 --> 00:53:32,599
Detectives looked into the case when it
occurred, but it still remains unsolved

619
00:53:34,159 --> 00:53:38,599
to this day. Long story short, Joseph wasn't likely to have any willing

620
00:53:38,800 --> 00:53:45,480
character witnesses to speak on his behalf
at sentencing, and a jury swiftly voted

621
00:53:45,639 --> 00:53:51,360
ten to two in favor of the
death penalty. During his time on death

622
00:53:51,440 --> 00:53:55,119
row, Joseph watched TV, got
some marriage proposals for some reason. I

623
00:53:55,159 --> 00:54:00,360
don't know what's wrong with you people, and his dear old mother even moved

624
00:54:00,360 --> 00:54:05,119
closer to the prison so she could
visit him more often. How sweet.

625
00:54:06,119 --> 00:54:10,320
He began writing a fifty nine chapter
manuscript detailing the woes of his life.

626
00:54:12,320 --> 00:54:15,280
Oh boy, can't wait for that
on audible. In it, he blames

627
00:54:15,320 --> 00:54:20,519
all of his transgressions on his drug
use. So you, poor little victim,

628
00:54:20,639 --> 00:54:23,800
poor baby, Oh, society should
bend over backwards to help you.

629
00:54:24,920 --> 00:54:29,320
He and his lovely mother tried to
shop the book around to publishers, but

630
00:54:29,960 --> 00:54:35,639
thankfully they weren't interested. At least
some of the media hasn't gone to complete

631
00:54:35,639 --> 00:54:43,320
shit, not entirely anyway. Joseph
ended up living on death row until twenty

632
00:54:43,719 --> 00:54:47,800
eighteen, when the unthinkable happened.
A sun cohost prosecutor says the state will

633
00:54:47,880 --> 00:54:52,880
again see the death penalty for the
killer of Carlis Busha. A four to

634
00:54:52,920 --> 00:54:57,239
three decision by the court Thursday vacates
the death sentence of Joseph P. Smith,

635
00:54:57,519 --> 00:55:00,800
who was convicted of raping and murdering
the eleven year old on the sun

636
00:55:00,880 --> 00:55:04,840
Coast in two thousand and four.
In twenty sixteen, the US Supreme Court

637
00:55:04,920 --> 00:55:10,159
decision vound FDA's death penalty process unconstitutional. The held of being reports juries must

638
00:55:10,239 --> 00:55:16,480
now unanimously agree on critical findings before
judges can impose death sentences. Carly's father,

639
00:55:16,719 --> 00:55:21,760
Joseph Brusia, calls the vote a
travesty. It's one of two things.

640
00:55:21,840 --> 00:55:27,519
It's it's a trend of favoring the
criminals over of the innocent and the

641
00:55:27,639 --> 00:55:31,360
victims. Or is it just,
you know, more way for attorneys to

642
00:55:31,400 --> 00:55:36,239
make billible hours, Because it certainly
doesn't make any sense. I mean,

643
00:55:36,679 --> 00:55:40,320
it's a fellest thing from justice that
comes to my mind. The David Smith's

644
00:55:40,360 --> 00:55:44,679
new penalty phase has not yet been
announced, but Brushes says he will be

645
00:55:44,760 --> 00:55:52,559
attending alongside family. Two years later, Joseph's death penalty status was reinstated.

646
00:55:52,519 --> 00:55:58,400
Then, on July twenty sixth,
twenty twenty one, Joseph Smith passed away

647
00:55:59,280 --> 00:56:06,199
at Union Directional Institution in Rayford.
He was fifty five years old. Carly

648
00:56:06,280 --> 00:56:12,920
Brusha was a little girl who liked
classic little girl things. She had a

649
00:56:13,159 --> 00:56:17,840
lavender bedroom and a pink book bag, posters of her favorite pop stars on

650
00:56:17,960 --> 00:56:23,400
the wall, stickers all over the
surfaces of the furniture in her bedroom.

651
00:56:23,480 --> 00:56:30,320
And she was an innocent little girl, so full of excitement for life.

652
00:56:30,760 --> 00:56:40,599
This degenerate fuck, this evil person, this inhuman monster, decided to take

653
00:56:40,679 --> 00:56:46,199
this sweet child away from her parents, away from her family, away from

654
00:56:46,239 --> 00:56:52,639
her friends, away from her home, away from this world. A memorial

655
00:56:52,840 --> 00:56:59,800
garden was set up for the beloved
Carly, and it sits behind the Central

656
00:57:00,119 --> 00:57:07,320
Church of Christ at the spot where
her body was recovered. Carly's ashes were

657
00:57:07,440 --> 00:57:14,639
built into the memorial site itself.
Unfortunately, Carly's mother, Susan Shorpen,

658
00:57:15,599 --> 00:57:21,599
passed away in twenty seventeen, and
since then reports seemed to suggest that Carly's

659
00:57:21,639 --> 00:57:28,000
memorial has fallen into disarray. Though
this was a case that law enforcement in

660
00:57:28,039 --> 00:57:32,079
the community seemed to come together in
perfect harmony to solve, it was a

661
00:57:32,199 --> 00:57:39,519
case that really never should have happened. An innocent eleven year old girl made

662
00:57:39,559 --> 00:57:45,119
the impulsive decision to walk home,
and there are monsters out there. She

663
00:57:45,440 --> 00:57:53,920
unfortunately encountered one of them, an
evil adult man who had his own impulses,

664
00:57:54,039 --> 00:58:04,199
his own deviant mind, and zero
self control. Like a wild animal

665
00:58:04,679 --> 00:58:12,559
waiting in the forest for slowly moving
prey, Joseph spotted Carly and attacked.

666
00:58:22,159 --> 00:58:27,440
All right, that does it.
Go check out episode three shres iverson Swordscale

667
00:58:27,840 --> 00:58:30,559
Television. It's one of the best
ones we've done so far. I mean

668
00:58:30,639 --> 00:58:35,239
it really made me physically ill.
Go check it out and stay safe.
