Abduction Suspect Has History Of 2nd Chances

Tampa Bay Online ^ | 2/7/06 | MIKE SAEWITZ

[GailA]

Abduction Suspect Has History Of 2nd Chances

By MIKE SAEWITZ Sarasota Herald-Tribune

Published: Feb 7, 2004

SARASOTA - On more than one occasion, the drug-addicted man accused of abducting Carlie Brucia stood before a judge who could have given him maximum penalties of five years in prison.

Time after time, Joseph P. Smith received second chances. He was put on probation and sent to treatment programs instead of jail.

Smith's arrest record includes charges of false imprisonment, aggravated battery and carrying a concealed weapon.

But most of his convictions are for obtaining controlled substances by fraud or possession of drugs.

In a court system that encourages treating drug offenders rather than jailing them, Smith avoided heavy prison sentences, said the Sarasota judges who handled his cases.

``If in fact [Smith abducted Carlie], the application of simple hindsight would suggest we should have put him in prison and kept him there,'' Chief Circuit Judge Robert Bennett Jr. said Thursday.

``But we can't put everyone who commits a crime, particularly a drug offense, in prison.''

The longest sentence he served, 13 months, came after he was convicted of prescription fraud in November 2001.

Just days out of state prison in January 2003, Smith was arrested on drug charges after he was found in possession of cocaine. He could have been sentenced to five years in prison.

After pleading no contest to that charge last spring, Smith was put on a year of drug offender probation, a stricter form of probation.

Since March, state Department of Corrections officials have seen Smith almost 30 times in visits to his house and place of employment. Smith also frequently reported to a DOC office on Tamiami Trail.

He was required to report to the DOC twice a month. Officers could visit him anywhere. He was not allowed to drink and may have been on a curfew.

Probation officers have consistently tried to get Smith into drug treatment programs.

In 2000, after he was caught passing a fake prescription for painkillers, a DOC probation officer asked a judge to spare him prison, calling the violation ``an isolated act of desperation.''

When Smith tested positive for cocaine, one of a half-dozen tests he failed last year, his probation officer didn't send Circuit Judge Harry Rapkin an arrest warrant, as many DOC officers do for violations, Rapkin said.

Instead, she wrote Rapkin that Smith was getting drug treatment at a local nonprofit center.

``It basically said, `Judge, this happened - we're taking care of it,' '' Rapkin said. ``I said, `OK, fine.' ''

[GailA]

So very sad. Repeat offenders on probation and parole were responsible for OVER 12,000 homicides in this BJS report. Parole & Probation

[camle]

well, yeah. duh! it's florida! what do ya expect? sanity?

[lunatic12]

No second chance for Carlie.

[cajungirl]

Well at least he wasn't violating his curfew. The law ought to be able to make a distinction between harmless people who are addicted and those who carry on trying to kidnap people, etc. This guy was bad news waiting to happen. The story of the woman he tried to drag into the woods should have sunk him yet the jury let him off,,why I wonder?

[Ciexyz]

Just sit him in the corner and give him a Time Out.

[mewzilla]

Good question about the jury. Wonder if the defense attorney slimed the victim? Wonder how the members of that jury are feeling right about now?

[alisasny]

Its not just in Florida that things like this happen....its everywhere. I find it rather niave to say this is an isolated incident in just one of the 50 states.

[dyed_in_the_wool]

Seems like that probation officer has some 'splainin to do.
And the judge doesn't seem to bright, either.

[js1138]

This guy must be a celebrity with expensive lawyers.

[skip2myloo]

``But we can't put everyone who commits a crime, particularly a drug offense, in prison.''

Why NOT ??

If we can't keep somebody locked up after two felony convictions, then why even bother to hold a trial ?? Let's just give up and put the judges in jail.

The 1st purpose of jail is supposed to protect society, the second is to punish the evil miscreant and the third to create a deterrent.

The whole damn system has failed.

If jail were "hard time," recidivism would be practically non-existent - and a second violent offense would eliminate any concern for recidivism, because that felon's sorry bucket would stay locked up FOREVER.

Instead, jails are air conditioned cable TV viewing rooms where one sits when not meeting with their court-appointed social workers or in the library writing appeals.

[cpdiii]

( Instead, she wrote Rapkin that Smith was getting drug treatment at a local nonprofit center.
``It basically said, `Judge, this happened - we're taking care of it,' '' Rapkin said. ``I said, `OK, fine.' '')

At what point is the Department of Corrections at legal risk for this criminal? They had many chances to put him back in jail but instead work hard to keep him on the streets, after he had proved himself totally not rehabilitated and a multiple offender while on probation. Any of these offenses would have put him back in jail if DOC had desired. If I were the parents I would sue the DOC and the criminals case worker. If the case worker was grossly negligent the DOC could take the option of letting him or her hang out to dry and not defend the individual. That would make other case workers a little more diligent in their job.

[JesseHousman]

...Smith was getting drug treatment at a local nonprofit center.

Singapore has it right.

If you use or sell narcotics you are executed!

[grumple]

``But we can't put everyone who commits a crime, particularly a drug offense, in prison.'' = tell that to an eleven year old dead child and explain that loss to her family while your at it....

[Condor51]

Yep you're right.
We wouldn't want to hurt his self esteem. Heck, that could further damage his apparently fragile ego.

---

BTW, just wait for the lefty Holly-weird scum-bag apologists to start jumping on this guy's bandwagon.

Calling Ed Asner, Danny Glover, Mike Ferret, etc. Another low-life killer needs your support. GAG, PUKE, SPIT!

[robertpaulsen]

Well, so much for the argument that we're releasing "real" criminals to make room for drug users.

[philetus]

Smith's arrest record includes charges of false imprisonment, aggravated battery and carrying a concealed weapon.

A passing mention of the above and then everything about he is a drug addict.

Whats up with that?

Sounds like he got a kidnapping charge pled down to false imprisonment.

[grumple]

The 1st purpose of jail is supposed to protect society, the second is to punish the evil miscreant and the third to create a deterrent.

no no no...the first is to build a library, the second is a weight room, and the third is to fund cable through taxpayer dollars so that these miscreants can be rehabilated to become normal members of society rather than letting them get a few ass whoopins from the victims of the innocents these miscreants harmed, tortured, raped, killed or whatever,,,/sarcasm - but if this were the case, then we wouldn't need moronic judges...

[VadeRetro]

If you use or sell narcotics you are executed!

I don't go that far, but I'm not a Libertarian for three reasons:

1. Everything at all about Harry Browne
2. The Libertarian foreign / defense policy (= "We don't need to worry about that stuff")
3. The Libertarian War On Drugs stance (= "Just forget it")

[cpdiii]

Not quite right but close.

If you use narcotics you will go to jail for a short time but it will be an extremely unpleasant stay. You will not want to go back ever.

If you sell Narcs they will execute you.
The Singapore solution does work.

The other extreme is the Dutch Solution. Let the druggies have what they want and let them have it cheap. In this manner they have a tendency to eliminate themselves with drug overdose and are not a crime problem. Half the crime in the USA is drug related. The Dutch Solution also works.

I LIKE THE SINGAPORE SOLUTION BEST

[Wolfie]

The system is so clogged with non-violent drug offenders, you should expect a few of the violent ones to slip through.