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Can Smith get a fair trial? Question lies at heart of judge's deliberations.(A SECTION)

Sarasota Herald Tribune

| July 27, 2004 | (Hide copyright information)Copyright

Byline: MIKE SAEWITZ mike.saewitz@heraldtribune.com

SARASOTA COUNTY -- His photo has been shown countless times on the television news, and the details of the heinous crime are known to most people in town.

Does that mean Joseph P. Smith, the man accused of abducting and killing 11-year-old Carlie Brucia, can't get a fair trail?

The question is at the heart of legal arguments over the media's access to information about the case.

Over the next few weeks, Circuit Judge Andrew Owens will make a crucial decision about whether to release thousands of investigative records that detail the evidence against Smith.

It's a balancing act that judges in other high-profile murder cases have made with difficulty, and with varied results.

"The key is to have a fair trial," said Public Defender Elliott Metcalfe. "If you don't have that, you've got chaos. In a serious murder case where there's a lot of publicity, it becomes a different ball game."

Some judges have sealed records, while others found it useless in the wake of overwhelming …

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