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Iraqi Prime Minister Investigates Allegations of Prisoner Abuse; Democrats Propose Windfall Profit Tax For Energy Companies; Defendant Found Guilty in Carlie Brucia Murder Case

Aired November 17, 2005 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

KYRA PHILLIPS, CNN ANCHOR: We're moving into our third hour here of LIVE FROM.
And many have thought it, many have said it, but a 30-year veteran of the U.S. Marines and the U.S. Congress is the first senior lawmaker to say it out loud in public.

If you have seen and been watching LIVE FROM, you have heard Pennsylvania Democrat John Murtha call on the Pentagon to pull troops out of Iraq now.

(BEGIN VIDEO CLIP)

REP. JOHN MURTHA (D), PENNSYLVANIA: It is time to bring them home.

They have done everything they can do. The military has done everything they can do. This war has been so mishandled from the very start. Not only was the intelligence bad, the way they disbanded the troops. There's all kinds of mistakes have been made.

They don't deserve to continue to suffer. They're the targets. They have become the enemy. Eighty percent of the Iraqis want us out of there. The public wants us out of there.

(END VIDEO CLIP)

PHILLIPS: Murtha speaks the very week the Senate calls on the White House to report on the war periodically and to make 2006 a period of transition in Iraq. Among Republicans, especially, his get- out-now idea is a nonstarter, to say the least.

(BEGIN VIDEO CLIP)

REP. J.D. HAYWORTH (R), ARIZONA: The majority's exit strategy is victory and freedom for the people of Iraq. Now, sadly, many on the Democratic side have revealed their exit strategy: surrender.

The American people will not stand for surrender. The American people are made of sterner stuff. And the American people understand that if we turn tail and leave now more problems will visit our shores and the consequences will be far greater.

(END VIDEO CLIP) PHILLIPS: Now, over at the Pentagon, a senior official tells CNN Murtha's comments are frustrating, to the point of being irresponsible.

Well, Operation Steel Curtain still testing the mettle of coalition forces near the Syrian border. The U.S. commander says the latest western offensive is one of the toughest, especially in the town of Ubaydi. Five Marines were killed yesterday alone, along with 16 suspected insurgents. Four car bombs were destroyed.

The commander says, troops have also uncovered -- quote -- "numerous caches of significant items of intelligence." Detainees are still being sorted out, but noncombatants are being allowed to be back -- or get back into their homes.

Now the case of the apparently tortured detainees. Iraq's prime minister is investigating the treatment of scores of prisoners discovered last Sunday by U.S. forces at an Iraqi government facility. Iraq's minister of human rights says she's shocked that prisoners may have been abused. But Iraq's interior minister says -- and we quote -- "Nobody was beheaded or killed. Our forces respect human rights."

You are watching exclusive pictures right now of the bunker in question, obtained by CNN senior international correspondent Nic Robertson.

I had the chance to speak with Nic just a short time ago.

(BEGIN VIDEOTAPE)

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: we went to the detention facility because the interior minister had said journalists could go there any time, liaise with commanders, and they could go in and inspect it. While we were outside, we weren't allowed to film. But we took these pictures using a camera phone, carefully hidden. That's the only way we were able to film the facility.

And despite what the Interior Ministry -- minister said, we weren't allowed in to inspect it, Kyra.

PHILLIPS: Now, Nic, let's talk about -- I mean, as we see these pictures, it raises more questions.

The debate continues over just how -- who is training them, how are they trained. American troops are there trying to get the Iraqi police and military intact. I mean, is this a reflection on American training, or do you think this is completely different?

ROBERTSON: A lot of this is happening without U.S. control. Early on, the U.S. was involved in training a lot of the -- a lot of the police officers -- still are involved in many cases.

What happened here, it's a separate unit to the police. It's a unit that reports still to the Ministry of Information, doesn't go through the normal police channels. It's been widely used, this unit, around the country to put down troublesome spots. In Mosul earlier -- late last year, when the police fled their police posts, this unit went there and helped out. But, in this particular case, they seem to have stepped -- or apparently have stepped beyond the bounds, taking in prisoners, and, according to some people, without legal process, and then abusing them. That's what's been discovered in this facility -- Kyra.

PHILLIPS: And as we continue to monitor -- or to watch these exclusive pictures you were able to get, Nic, by just showing up there at the detention facility, just talking about this torture issue, I can only assume it's causing a divide there in the country, a sectarian divide.

ROBERTSON: It is.

At a funeral just today of a young Sunni man, the family there were complaining that he had been taken away and beaten by the police. He had been arrested on the streets by the police, they said, turned up dead three days later.

And there were huge signs at the funeral, saying, stop the terrorism of the Interior Ministry. The Sunnis feel that the Shia- dominated police and some particular Shia units within the Ministry of Information are responsible for targeting them. That's causing a lot of animosity.

I talked with a former minister today. He told me he had heard that there were other such facilities around the country -- Kyra.

(END VIDEOTAPE)

PHILLIPS: Well, a new fight looms over the Patriot Act.

A day after House and Senate negotiators came to terms on renewing that controversial package of anti-terror measures, a half- dozen senators from both parties are vowing to block it. At issue is the removal of Senate language aimed at curbing -- quote -- "unnecessary and intrusive government surveillance."

As the so-called compromise stands, most of the act's wide- ranging provisions are staying pretty much intact, in most cases, forever. If nothing passes, more than a dozen provisions will expire at the end of the year.

Some Democratic senators have their eye on those record oil company profits which have we heard so much about. They're proposing what's called a windfall profits tax when the price of oil climbs above $40 a barrel, a 50 percent tax over three years, to be exact.

Ali Velshi -- Ali Velshi...

(LAUGHTER)

PHILLIPS: Ali Velshi -- get that off my tongue -- keeping an eye on this debate. Ali, what do you think? Is it the right thing to do? Should oil companies pay this tax? I mean, the profits -- we have been talking about how -- how high those profits have been in the last couple of weeks.

ALI VELSHI, CNN CORRESPONDENT: They have been really high.

PHILLIPS: Front page of every newspaper.

VELSHI: They have been really high.

And there was the idea of a windfall tax -- windfall profit tax on gas companies in '80s. It was repealed again when oil prices came back down. And, of course, even at their highest in the '80s, they weren't where they are now.

Here's the issue. The issue is that the oil companies have been going along, doing what they have been doing for a long time. They have been not building refineries. They have been producing gasoline and oil. And we keep buying it. And, as a result, the last few months, we have seen record profits, record revenues. Money like we have never seen come into any companies in history have been coming in.

And -- and I think senators and congressmen are trying to get their head around how to embrace public sentiment on this. People are angry. They pay for it out of their own -- out of their own pockets, and they see the price of gas every day. So, there's this move that's part of another tax bill. It's an unrelated bill that's on the floor.

And there's a move to introduce an idea of this windfall profit tax. The context in which to look at this is that the -- the senators who are putting this forth are saying, when oil is over 40 bucks a barrel, there will be this tax the oil companies will have to pay. And that money will be used to -- to go into an income tax rebate, so people will get it back.

The flip side of that is that, if this were to happen -- and there's not much likelihood that this amendment will survive, because there's not a lot of support for it in Congress. But, if it were to happen, Kyra, the way to get out of it for oil companies would be to reinvest in refineries or to find alternatives to oil and gas or to find -- you know, to drill for more oil.

PHILLIPS: That's how they avoid paying the tax?

VELSHI: That's -- that's -- under the proposal, that's how the oil companies would -- that would be subject to the tax would avoid having to pay it, if they would take that money and use it to do those things that the senators think would be more useful to helping us with our energy problems.

PHILLIPS: All right. Let me -- let me ask you a question, because this sort of folds into -- and I know we didn't go over this earlier, so, I am just going to ask you this question.

(CROSSTALK)

PHILLIPS: You know, you talk about the anger and the resentment and how much we're paying at the gas pump. And -- and now there's this document, allegedly, that came out that, allegedly, shows that all these oil execs met with Dick Cheney aides, talking about a national energy policy.

But now you have got these execs saying, we never met with Cheney aides.

VELSHI: Yes.

PHILLIPS: We don't know what you're talking about.

What -- what do you make of all this? I mean, if indeed they met, why keep it secret? What does it mean to you and me, and what we are paying at the gas pump, and -- and these profits being made, and where that money is going?

VELSHI: You know, there's a sense -- there's a sense from -- from a lot of people who are angry about the prices of oil that this is a -- a network at work.

And, in fact, congressmen -- the congressmen who are calling for these -- these amendments are also among those who are calling for the oil company executives to testify now before Congress, under oath, about what they did or didn't say to the administration.

But this administration is one that has got historic ties, both the president and vice president, to the energy industry. So, as a result of that, it's very easy for people to get to those conclusions. Whether or not it is actually true, whether anybody ever made any kind of deal or decided that they were going to do things to support the high price of oil, that's unclear. But you can see, when people are angry about their oil and gas prices, why they would like to make the assumption that someone is out to get them -- Kyra.

PHILLIPS: Yes. It's frustrating.

All right, we are going to talk again at the end of the hour, right before the end of the hour...

VELSHI: We are going to talk about toys.

PHILLIPS: ... about top -- top toys?

VELSHI: Yes.

PHILLIPS: Stretch Arm Strong still on the list?

VELSHI: Stretch Arm Strong, one of my favorites.

(LAUGHTER)

PHILLIPS: All right. Ali, we will see you in just a little bit.

VELSHI: OK.

PHILLIPS: Just getting news in about Carlie Brucia and that trial. You will remember that she was the young girl that we saw caught on videotape at a car wash. Remember, she -- she was missing, and then this video appeared, this man taking -- here it is right here, the man approaching her.

And, the next thing you know, they disappear off of the camera. And then, of course, she is found dead. Well, we have got a verdict that has been reached in this trial.

Fredricka Whitfield working all the details for us in the background in -- she's in the middle of the newsroom right now.

Fred, what do we know?

FREDRICKA WHITFIELD, CNN CORRESPONDENT: Hi, Kyra.

Well, our CNN affiliates are reporting that, in about 30 minutes, a verdict will be revealed in this trial of Joseph Smith. You are looking at the live pictures of the courtroom right there, where they have received notice from the jurors about reaching a verdict. And, as it usually stands, the judge gives all the parties in the case an opportunity to get to the courtroom.

So, we know that, in 30 minutes or so, that verdict might be revealed. Joseph Smith is the man who is charged with kidnapping, raping and murdering this 11-year-old girl that you referred to in that videotape, Kyra, Carlie Brucia, this all taking place February 1, 2004.

She disappeared. And all anyone had to explain her whereabouts was seeing her in that videotape, a surveillance tape that was taken at a car wash at the time. And, then, days later, her body was found.

Now, apparently, the brother of Joseph Smith had testified that Joseph Smith actually admitted to him that he carried out the kidnapping and the murder of this young girl, Carlie Brucia.

Susan Candiotti is in Miami and is very familiar with this case, having covered it at the very start.

And, Susan, this is a rather quick verdict, considering it was about 10:00, 11:00 a.m. earlier this morning when the jurors got the case. And now, supposedly, there is a verdict, according to our affiliates.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: And, certainly, the trial didn't last very long either, Fredricka.

We will remember that this started a week ago Monday, this trial of Joseph Smith. And it was made up mostly of -- of a case presented by the prosecution, with much of the defense case done on cross- examination.

Let's go over some of the key elements of the prosecutors' case. Aside from the surveillance tape, which the prosecution regards as a key element of their argument, that it was Joseph Smith who kidnapped, raped and strangled to death 11-year-old Carlie Brucia, in addition to that, they also said that they had, and presented to the jury, an 8- inch hair belonging to Carlie that was found in the defendant's car, according to the prosecution.

They also presented evidence of semen that was found on Carlie Brucia's shirt that was recovered after the fact. And though prosecutors said there was no scientific forensic evidence to prove that she was sexually assaulted, because the little girl's body had so badly decomposed by the time she was found, about four days after she was kidnapped, they also said that they had this -- this DNA evidence that was worthy evidence that she had been raped.

They also presented evidence that the little girl's hands were tied, to again show that there was force involved, that she was strangled with some sort of ligature, a tie of some kind, and that her body was discovered naked from the waist down. They also presented audiotapes.

And, right now, by the way, Joseph Smith, the defendant is walking into the courtroom. The victim's family has also gathered in the courtroom. And the judge is getting ready to address them. We don't know, as yet, whether the jury has been brought in as well. However, they also presented evidence that -- of an alleged confession by him to both his brother and his mother in a phone conversation made from a jailhouse cell, where they said he had no expectation of privacy.

Now, the defense has said that Joseph Smith was on drugs, using heroin, using cocaine at the time, but they also presented to this jury that, in their view, the investigators only concentrated on him and didn't spend enough -- enough time, in their view, looking at other possible suspects, though they never pointed their finger at anyone else specifically.

There was a lot of shock in this case because the defense did not present a closing argument. And experts seems to think -- seem to think it might be because they were -- he was possibly, the defense attorney for Joseph Smith, trying not to possibly alienate the jury, in case there is a guilty verdict, to use his credibility with this jury in a possible penalty phase.

I have spoken with the family, some family members of Carlie Brucia, specifically on her father's side. And they told me -- quote -- "We're waiting for justice for Carlie." That's according to her aunt, Andrea Brucia.

If found guilty, the family said their main focus is on -- not on the death penalty. For them, they said: That's not of prime importance to us. We simply want him put away for good if he is found guilty, so that he cannot harm anyone else.

That's in their view. So, right now, again, we are waiting to learn whether -- when the jury will be brought in. We do know that the defendant is in the courtroom. Family members are there as well. And we're waiting to find what the verdict will be, as CNN has now confirmed that there is indeed a verdict in this case.

And it took a little more than four hours for this jury to decide. Some people suggested that was a long time. But, on the other hand, they had a lot of issues to go over and points as part of their instructions from the judge in this case.

So, while, in some cases in Florida, verdicts are known to come very quickly, that's not necessarily the case all the time. Plus, juries have to be very careful in going over all the evidence to decide whether they agree with the prosecution case of a first-degree murder conviction here, as well as the kidnapping and rape charge.

At the moment, the judge is conferring with the lawyers in this case, both prosecution and defense, most likely to decide what's going to happen when the jury comes in, what would possibly happen after that. And, so, they are giving time for all the parties to gather in the courtroom before the jury is brought in to hear exactly what the verdict is going to be -- Fredricka and Kyra.

WHITFIELD: And, Susan, you were giving some very graphic, horrible details about the kind of evidence presented on the -- the method of the -- the killing of this little girl.

Her family has been there -- or at least is in the courtroom right now. Have they been there throughout the entire listening of testimony? And, if so, how have they been able to hold up with that very gruesome set of details?

CANDIOTTI: It's been very difficult for them.

And, certainly, the family on Carlie's father's side has been in the courtroom. It's unclear whether the mother has been there. I believe it may be for the first time today that Carlie's mother made an appearance at the courtroom, not long before it was revealed that a verdict was announced.

She didn't know at the time. But, evidently, there is a documentary that's being made about her. And maybe about an hour ago, she did speak with reporters outside. She said it has been difficult for her. And when pressed for a reaction about what she thought when she has seen, at the very least, video of Joseph Smith and seen him in person now, what she thought, she demurred on the subject and wouldn't really address it.

And, then, when asked what verdict she was seeking and what kind of punishment, if found guilty, she was seeking, she again hesitated to say, other than to tell reporters that there's no express way in -- in Florida for a -- a quick decision on some -- on something, whether, for example, if you are found guilty, it could be years, for example, if in fact he was given a death sentence, before he would eventually be put to death.

So, she's hesitant to say. And that might be because she's been receiving advice from the lawyers to -- to be quiet.

But let's listen in to what's happening in the courtroom now.

JUDGE ANDREW D. OWENS JR., 12TH CIRCUIT COURT OF FLORIDA: It is extraordinarily important that this continue.

Regardless of the verdict, there can be no responses from the audience. Does anyone have any question about that? If there is, I'm asking the bailiffs to immediately remove that individual from the courtroom.

So, there will be no verbal responses from the audience to the verdict, regardless of the verdict. If anyone feels they cannot abide by that, I would ask you to leave at this time.

And I know I can count on your cooperation. It's been outstanding. I have never had a trial where I have had such cooperation from everyone. And I'm sure that I can count on that continuing at this time.

Thank you very much.

So, at this time, is the state ready?

UNIDENTIFIED FEMALE: Yes, sir.

OWENS: Is the defense ready?

UNIDENTIFIED MALE: Yes, your honor.

OWENS: All right.

If you will bring the ladies and gentlemen of the jury back, please, sir.

UNIDENTIFIED MALE: All unauthorized cell phones have to leave the courtroom. Those authorized need to be shut off.

WHITFIELD: Again, you're looking at live pictures right now of a courtroom in Florida.

Joseph Smith is the defendant right there in the center that you're looking at. He is about to hear the verdict from the jury as to whether he will be found guilty or not guilty in the charges of kidnapping, raping and murder of 11-year-old Carlie Brucia.

Let's listen in now to the verdict.

UNIDENTIFIED MALE: You may be seated.

OWENS: Juror number 49, I see that you appear to be carrying the verdict. Were you elected the foreperson?

UNIDENTIFIED MALE: Yes, I was, Your Honor.

OWENS: Has the jury now reached its verdict?

UNIDENTIFIED MALE: Yes, we have, Your Honor.

OWENS: Would you please hand to it the bailiff?

Madam clerk, would you please publish the verdict?

UNIDENTIFIED FEMALE: In the Circuit Court of the 12th Judicial Circuit and for Sarasota County, Florida, State of Florida vs. Joseph Smith, case number 2004-CF-2129, the verdict, we, the jury, find as follows as to count one of the charges. The defendant is guilty of murder in the first degree, as charged.

We, the jury, find as follows as to count two of the charges: The defendant is guilty of sexual battery upon a child less than 12 years of age, as charged.

We, the jury, find as follows as to count three of the charges. The defendant is guilty of kidnapping, with inflictions of bodily harm and/or commission of a felony on a child, as charged. So say we all this 17th day of November, signed by the foreperson.

OWENS: Does the state wish to have the jury polled?

UNIDENTIFIED FEMALE: Yes, sir.

OWENS: All right.

Juror number one, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 11, is this your verdict?

UNIDENTIFIED JUROR: Yes.

OWENS: Juror number 17, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 30, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 31, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 49, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 66, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 79, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 83, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 90, is this your verdict?

UNIDENTIFIED JUROR: Yes, Your Honor.

OWENS: Juror number 96, is this your verdict?

WHITFIELD: You're listening to what appears now to be a unanimous verdict coming from the jurors there in Sarasota, Florida, finding this man, Joseph Smith, in the middle here of your image here on the screen, guilty of kidnapping, guilty of raping, guilty of murdering 11-year-old Carlie Brucia back in February of 2004.

You might recall this case because this young girl's image was found on a surveillance tape being approached by a man which now the jury is saying was indeed this man, Joseph Smith, approaching her as she was making her way back home, walking home, walking through a car wash. And, then, days later, her body was found.

Susan Candiotti is with us now in Miami.

And, Susan, you revealed earlier the type of evidence that this jury had to sift through, had to listen through, even learning that this man apparently confessed to his mother and brother, as you put it, during a jailhouse confession, if you will.

CANDIOTTI: It was a very strong case.

WHITFIELD: And, now, a verdict is in.

CANDIOTTI: Right.

It was a very strong case presented by prosecutors here. I mean, after all, you had to get past the fact that that was -- that was the defendant, identified by witnesses, people who knew him, on that surveillance tape. And, you know, we will never know what it is he said to little Carlie. He said something to her before he led her away...

WHITFIELD: Right, because there was some discussion on tape.

CANDIOTTI: ... without struggle. Right. Exactly.

And, beyond that, you had a piece of her hair, an 8-inch-long hair, that was found in the front seat of the station wagon that he was driving, a borrowed car. There was also semen found, according to the prosecutors, on Carlie's shirt. She was found naked from the waist down when her body was discovered four days later. Her hands had been tied, evidence of that, evidence of a sexual assault that they could -- though they could not say for sure because of the condition of her body.

And, then, they had those audiotapes in which he is heard to confess to his brother from his jailhouse cell, from a pay phone there, of what he had done. Now, in the courtroom, as you saw that verdict read, there was a picture of Carlie's mother sobbing in the arms of friends and/or relatives there. You see, he's being fingerprinted now, if you have the -- what's happening now in the courtroom.

And then there was a very telling picture of her father. The parents are divorced. He was sitting not close to the mother. And he had a slight smile on his face, as he was nodding his head while listening to the verdict and listening to the jury being polled after the case was -- after the verdict was read -- the jury made up of eight women and four men.

Evidently, there was a -- a man who was the jury foreperson. He's the one that presented the verdict to the judge, guilty on all counts. And, of course, what happens next is a penalty phase. Generally, there is a brief break of sorts before they begin that portion of the case, in which the prosecutors present evidence. And the victim's family has told me they have been told that they will be testifying at trial about Carlie and what she meant to them and what her loss means to them. And then...

WHITFIELD: And I understand, Susan, that is scheduled for November 28.

CANDIOTTI: November 28.

WHITFIELD: All right.

CANDIOTTI: And then, of course, the defense will also have an opportunity to make their case as well to try to save his life. They are going for the death penalty, the state is, in this case.

WHITFIELD: All right, Kyra, and I think...

PHILLIPS: Yes. I just had a quick question.

WHITFIELD: Or, Susan, I think Kyra has a question for you.

PHILLIPS: Yes.

Susan, I just -- Joseph Smith declined to testify. Also, his attorney waived his right to make a closing argument -- a bit of an unusual strategy. Why do you think he did that?

CANDIOTTI: It's very unusual.

I -- I can't remember a time when it has happened. It is extremely rare. And he has said that he did it and that he made the decision at the last moment, a tactical decision on his part, he said, because he said he has done it in other cases and felt that he had said everything he had to say to the jury.

But, beyond that, legal experts then have stepped in to say perhaps he wanted to not alienate this jury, but preserve his own credibility with them if in fact a guilty verdict had been rendered, so that he could come back and try to argue to this jury about why this man's life should be saved, presumably because, perhaps, he had a drug problem.

He's been arrested a number of times in the past, but never any crimes against children. There were two arrests for violence against the women. He was acquitted of one of those two charges, but he's been in and out of jail on drug charges over the past dozen years or so.

PHILLIPS: If there's one thing we learn from this case, it's that surveillance tape.

And so many of us wondered -- and I guess we're still going to wonder -- and I wonder even if we're ever going to find out -- what exactly he said to her, because, when you look at that surveillance tape, when he approaches her behind that car wash, somehow, he disarms her, and they walk off together, Susan.

I mean, do you think we will ever find out, indeed, what he said? And, also, this also triggered so many segments afterwards about how to talk to our children about dealing with strangers.

CANDIOTTI: That's right.

You know, for example, it's -- it's well known that, sometimes, kidnappers will approach a child and say, "You know, something happened to your parents; you need to come with me," or, "I need help finding a -- a lost pet. Can you give me a hand?"

But as you said, Kyra, I'm disappointed as well, too, that we didn't hear evidence of what he might have said to get her to walk away with him, apparently without any struggle at all, although she certainly did struggle afterwards. Sadly there was physical evidence of that.

But in this case, remember, it was the brother who spoke with him. He didn't confess to police. He confessed to his brother. That's the evidence they presented. And of the excerpts that they chose to play for this jury, there was nothing that indicated whether he asked his brother what did you say to her to get her to go with you.

He did say that he was using drugs, cocaine specifically, before -- as he was driving around and before he picked her up. Remember, she was spending the night at someone's house and she was walking home. It wasn't very far away, but evidently he saw her and he went after her.

PHILLIPS: All right. Susan, stay with us.

Fred, I know we're going to continue following this breaking news story. We have got to get a break in, but if you're just tuning in, out of Sarasota, Florida, a jury decides, and it's guilty in the murder trial of a former mechanic charged with kidnapping, raping and killing 11-year-old Carlie Brucia, who's abduction, of course, was caught on that security camera that we've been talking about for the past 45 minutes. We'll never forget those images and the lessons learned from that. We're going to take a quick break and more on this breaking news, right after this.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: In the circuit court of the 12th Judicial Circuit in and for Sarasota County, Florida, State of Florida versus Joseph Smith, case number 2004-CF-2129, the verdict. We the jury find as follows as to count one of the charges, the defendant is guilty of murderer in first degree as charged.

We the jury find as follows as to count two of the charges, the defendant is guilty of sexual battery upon a child less than 12 years of age as charged.

We the jury find as follows as to count three of the charges, the defendant is guilty of kidnapping with inflictions of bodily harm and/or commission of felony on a child as charged. So say we all this 17th day of November, signed by the foreperson.

(END VIDEO CLIP)

PHILLIPS: And you heard it right there, the jury coming forward deciding guilty on all counts there. We're talking about the murder trial of a former mechanic charged with kidnapping, raping and killing 11-year-old Carlie Brucia. It was the case that was caught on surveillance tape outside a car wash. Images very hard to forget.

Now we see lawyers, family members coming out to the microphone. We'll see if Carlie Brucia's mother will make a statement after hearing this verdict inside the courtroom. Let's listen in.

UNIDENTIFIED FEMALE: You got two minutes, guys.

QUESTION: What's going through your mind right now?

SUSAN SCHORPEN, CARLIE'S MOTHER: Praise be to God.

QUESTION: When you heard that verdict, was your ...

SCHORPEN: Yes.

QUESTION: You said earlier (INAUDIBLE).

SCHORPEN: Not yet. When he's dead. When he meets his maker.

QUESTION: Does today help you at all?

SCHORPEN: Yes, a little bit. He's one step closer, but this should have never been because our laws should have been different.

QUESTION: How so?

SCHORPEN: He should have never been out of jail. The law has to change. You know, sexual predators, they're getting off on their violations and they're being let go with light sentences and they're getting away with not being registered. And this has to change.

Now, I lost one of the most precious things to me in my life because of an animal, a disgusting, perverted animal. You know, the fact that I can never hold her again and I can never speak to her again -- I mean, I am so broken. You know?

And he's got years where he's going to eat and he's going to sleep. And, you know, he's going to get more years on appeals than my daughter had in life. And I have got a problem with that.

Our laws have to change. He's been convicted. The evidence was overwhelming. I mean, he should be sentenced and it should be taken care of that day. That's just how I feel.

QUESTION: (INAUDIBLE).

SCHORPEN: I'm not going to comment on that at this time.

QUESTION: Are you going to testify in the second part of this trial?

SCHORPEN: My victim impact statement?

QUESTION: Are you going get up and tell the jury why you think what you just said?

SCHORPEN: Yes.

QUESTION: What are you going to say? What do you plan on saying?

SCHORPEN: You'll have to wait and see.

QUESTION: How has your life been since all this has happened? You spoke about this earlier, people's lives spiral many times out of control.

SCHORPEN: I lost everything. You know, I'm broken. I don't know if I'm ever going to fix again. All I can do right now is take whatever opportunities come my way and try and better my life and try and become a whole person again. Maybe I can help some other people who, you know, under tragedy get stuck with the same predicament I got stuck in.

QUESTION: Closure. People talk about closure. I personally don't think there's really a whole lot of that. I don't believe in that phrase. What about yourself?

SCHORPEN: I can never hold her again. Where's the closure?

QUESTION: If you could speak to Carlie again, what would you say to her today?

SCHORPEN: I love her, and I miss her. I wish she was here. OK? Thank you.

QUESTION: What you are going to do now?

SCHORPEN: I'm going to go see my dad.

QUESTION: And where is he and why is that important to you to do now?

SCHORPEN: He needs me.

QUESTION: Was he watching this on television?

SCHORPEN: Yes.

QUESTION: What are you going to say to him?

SCHORPEN: Can I keep a few things to myself?

QUESTION: Sure.

SCHORPEN: Thanks.

QUESTION: Susan, do you have a message for the jury? Do you want to say anything to them?

SCHORPEN: Thank you. Thank you. God bless. Take care.

PHILLIPS: Boy, every mother in the country probably being able to relate to Susan Schorpen right now, as she talks about the loss of her daughter. Reporters asking what do you think about the guilty verdict? She said praise be to God. Asked if she feels any sense of closure, if she feels better, no, When he's dead, that's when I'll feel better, when he meets his maker. She says she can never hold her daughter again. Where's the closure in that?

Susan Candiotti, pretty -- you can't help but feel the chills and, obviously, could never understand what she's going through. But she makes such a good point about Joseph Smith and that she had been arrested in the past at least 13 times, I've read, since 1993. Mostly on drug offenses, although he was twice charged with committing violence against women.

How many times have you and I covered these cases where it takes something to this magnitude -- a murder, a rape, a kidnapping -- to finally get talking about somebody who has had these problems before but is still walking the streets?

CANDIOTTI: Well, what's interesting to note in this case -- and of course, Carlie's mother has been through quite a lot -- but she made a comment that this case proves, once again, that sexual predators should not be out of jail.

However, in this case, it's important to point out that he was never convicted of being a sexual predator. I think what she might have meant to say was in his case, he has a history of being a violent offender. And in that regard, he was out on probation -- actually in this case on a drug probation violation at the time of the murder, rape and kidnapping of Carlie Brucia.

And along those lines, there was an attempt made after this case to change the law in Florida. That if, as a violent offender, you are out of jail and rearrested on any charge at all, that you should be required to have a hearing before a judge as to whether you should be allowed to be continued out on probation. That attempt to change the law in Florida never went through, despite several attempts in many different ways.

However, after, you'll recall, another case involving a child, the Jessica Lunsford case and another case later on in the year involving children and sexual predators, there were changes made in Florida law to toughen up the laws in that regard. So it was important to point out the difference between this case and those cases -- Kyra.

PHILLIPS: What happens next to Joseph Smith, Susan?

CANDIOTTI: Well, now, of course, he's going back to jail. And he and his attorney will try to figure out how they will try to convince this jury to save his life. Because naturally, the prosecution has gone on the record from the very start saying, we're going for the death penalty in this case. So they have a difficult job ahead of them, some might argue insurmountable, to try to convince this jury not to give him the death penalty.

But again, I spoke with the -- Carlie's aunt. And she said the father feels the same way, that at this point, in their opinion, getting justice for her was most important as long as, in their view, he is put away for the rest of his life. They would be satisfied with that. Carlie's mother clearly feels differently, and understandably so. And she and the father and other relatives will have an opportunity to make statements to this jury about what Carlie's loss means to them.

PHILLIPS: Susan Candiotti, thank you so much. And if you just tuned in, briefly, this man right here you're seeing sitting in the courtroom, Joseph Smith, charged with kidnapping, raping and killing Carlie Brucia. A jury deciding guilty on all counts. You'll remember that abduction was caught by a security camera. We covered that story for months on end until he was caught. Now, this man found guilty on all three charges.

More LIVE FROM right after a quick break.

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PHILLIPS: More LIVE FROM right after a quick break.

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PHILLIPS: And drama in the skies here in Atlanta, Georgia. Remember this, this morning? Well, just a short time ago -- actually, it wasn't a short time ago. It was this morning, a small plane ran into trouble with its landing gear while approaching a county airport. It circled awhile and then made one unsuccessful attempt to touch down. Then went up and circled the apartment, retracted it's landing gear and finally made a successful belly landing.

Three people on board that plane emerged unscathed. It was pretty good piloting there by whoever was at the helm.

Well, an unwanted passenger tying up traffic at one of Miami's commuter airports. Yep, it's exactly what you think it is. A six- foot alligator. It crossed the runway. Getting a little comfy in the tall grass there.

Well, a group called the "Pesky Critters" was called in to corral that reptile. Finally got him or her out of there.

Whatever you thought you knew about eating habits of dinosaurs, stop right there, because you're wrong, Dino-boy. Researchers in India and Sweden say they can prove that dinosaurs ate grass, which was always thought not to have even existed in the Jurassic Parks of yesteryear. How did they figure that out? Well, they studied fossils of, well you know, that stuff that dinosaurs leave behind. We assume there was a lot of it.

The top toys this Christmas. Get the scoop from the adorable Ali Velshi. He joins us live, that's right, LIVE FROM, it's not over yet.

Don't go away.

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PHILLIPS: All right. Check your calendar. It is time to shop. Honestly.

Ali Velshi says that kids are already making their requests. Top ten are -- I guess is it top ten?

VELSHI: Yes, it's top ten.

PHILLIPS: Top ten for girls and for boys, right?

VELSHI: And they are very different. Girls and boys are different.

PHILLIPS: And a huge difference from what you and I used to ask for. We'll get to that later. But surprise for the girls, iPod.

VELSHI: iPods are on the list. Here's the non surprise. Barbie is at the top of the list. Barbie is always at the top of the list for girls. But, Barbie's No. 1, Bratz is No. 2. I don't know what a Bratz is.

Dora the Explorer is three, Disney Princesses, these are categories, No. 4. Video games, No. 5 and debuting for the first-time ever, at No. 6, iPods, digital music players, MP3 players. My Little Pony is No. 7, Leap Frog, No. 8, Elmo, a mainstay, No.9 and American Girl at 10.

OK, it doesn't sound very unusual other than that iPod. Let's take a look at what boys like.

No. 1 for boys, video games. No. 2 is anything to do with Star Wars. No. 3, Legos, remember those? No. 4, Hot Wheels, another vintage game.

Spiderman stuff, Xbox 360 comes out on Tuesday. That'll make it the No. 6. Thomas the Train, another old one, at seven.

Batman stuff at No. 8. A bicycle at No. 9. And rounding out No. 10, something that a lot adults would like for Christmas too, PlayStation 2.

PHILLIPS: Are you a PlayStation guy?

VELSHI: You know, I admire these gamers and people that can do it. I've never gotten into it. But now that they've got that little one that everyone carries around, that's a bit of an adult toy, too.

But, that's very interesting, Kyra. That these adult gadgets which were huge last Christmas have now trickled all the way down to the little kids. Barbie holding her own. But, it's going to have to be virtual Barbie or Barbie online pretty soon.

PHILLIPS: Well, of course, this triggered the conversation in our meeting today about, what were the toys that we were asking for as kids?

And Ali, these were some of the ones that were thrown out. And I don't know if you remember these, because you're still a really young guy.

But Stretch Armstrong.

VELSHI: I always wanted to be Stretch Armstrong. You see, I pretty much have the same body shape I've had ever since I was a kid. So, the idea of being Stretch Armstrong was very appealing.

PHILLIPS: All right, Kung-Fu grip G.I. Joe, remember that one?

VELSHI: Wow. And you know, G.I. Joe continues -- it's not on this list, but it continues to be very popular, with all the military stuff going on.

PHILLIPS: Well, I still want G.I. Jane to come out. All right, Rock'Em Sock'Em Robots, remember that one?

VELSHI: Always fun. Yes, and there was a resurgence of this in early 2000. It didn't really go anywhere.

PHILLIPS: That's a shame. I love that one. And then, how can we forget, Smash-Up Derby? VELSHI: You know, we should have known this was going to be huge when you see how big NASCAR is today. And you look at the boys list, and Hot Wheels is still on there. So, no surprise that, you know, this was the precursor to the fact that now we don't have to play Smash-Up Derby. We just all watch NASCAR.

PHILLIPS: Do you think we can still get any of these toys?

VELSHI: E-Bay.

PHILLIPS: E-Bay, really?

VELSHI: E-Bay's where you get all the stuff.

PHILLIPS: You probably pay $10 million more for them now, too.

VELSHI: Yes, you should have saved all that stuff that you threw out.

PHILLIPS: Tell me about it. I regret it, big time.

All right, Ali, this wraps it up for us. Of course, here on LIVE FROM. We're working on things for tomorrow already.

VELSHI: Yes, as you said, this is a weekend that people are still thinking about Thanksgiving and getting ready for travel.

But as we get into next week and we end off next week and we all celebrate Thanksgiving, that is when that holiday shopping season kicks off. And I think there will be a lot of interesting things to be looking at in the next few months. This is actually a little more important than it has been in previous years because there are some doubts about how it's going to go. No doubts right now about how markets are doing, Kyra.

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VELSHI: That's it for me here and for LIVE FROM, let's take it over to Wolf. He's standing by in Washington, in THE SITUATION ROOM.

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