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Updated: 02/13/2014 03:50:27PM

Attorney alleges juror misconduct in Brucia murder trial

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Attorneys for convicted killer Joseph P. Smith, the Sarasota man who brutally raped and murdered 11-year-old Carlie Brucia in 2004, asked the Florida Supreme Court recently to consider the possibility of juror misconduct and to appeal the conviction.

Smith’s Tampa-based attorney Robert Strain levied an odd argument for the court, saying that while he has no concrete proof of misconduct by the jurors, they are inherently subject to misconduct and attorneys have no way of knowing if the misconduct took place unless they are allowed to interview them post conviction, which they currently are not.

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