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USF SARASOTA-MANATEE LEGAL PSYCHOLOGY STUDENTS’ CHANGE-OF-VENUE STUDY MAY INFLUENCE BRUCIA MURDER TRIAL

When Dr. Brooke Butler was asked if her Legal Psychology students would conduct a change-of-venue study in the highly-publicized Joseph Smith case, the USF Sarasota-Manatee assistant professor of psychology wasted no time in saying “yes.” Smith is the alleged perpetrator in the abduction and murder of 11-year-old Carlie Brucia, and Butler knew the survey was not just a great opportunity for Smith. It was due process in action and her students would be at the head of the class.

If successful, this will be the first time in the nation that a change of venue has been granted based on a study done by undergraduates.

“Changes of venue are very difficult to obtain. This study is particularly significant because studies of this sort are usually conducted in graduate programs,” Butler said. “Students glean a great deal of knowledge about the impact of pretrial publicity through this type of experience.”

Butler and her students surveyed 200 residents of the community to determine if the pretrial publicity surrounding the abduction and murder of Brucia would jeopardize Smith's chance of receiving a fair trial in Sarasota County. The study, which suggested that Smith's right to due process would be compromised if he were tried in Sarasota County, was admitted into evidence on July 20.

This is not the first survey Butler’s students have done. Mock trials, focus groups and a survey of area residents on the death penalty are some of the ways her students gain knowledge on perspectives which can influence the outcome of a trial. This pro bono work for the Public Defender’s offices in the state of Florida benefits those without the financial means to pay for services that could easily run into the tens, if not hundreds, of thousands of dollars.

Sarasota attorney Derek Byrd, experienced in murder trials, said lawyers are biased for their clients and sometimes lose objectivity. “Mock trials and surveys help attorneys figure out what people perceive as the strengths and weaknesses of their case,” he observed.

Butler, a litigation consultant who works with attorneys throughout the county, said judges rarely overturn a jury’s findings in capital cases. This makes jury selection all the more critical and a change of venue may be needed to secure the most objective jury. “Every defendant is innocent until proven guilty,” she added. “In death-penalty cases, it is literally a matter of life or death.”