CARLIE FOUGHT FIEND TO THE END

New York Post ^ | 2/07/04 | DEVIN SMITH and ADAM MILLER

[Eric Cassano]

Smith has a lengthy rap sheet in Florida dating back to 1993, including 13 arrests.

This is Joseph Peter Smith's Florida felony rap sheet before his arrest.

[Lazamataz]

If Florida had a three-strikes law the pig that killed her would be locked up and this poor little girl would still be alive and well.

I didn't used to be an advocate of the Three Strikes law.

I was arrested for possession of cocaine. It was the event that caused me to re-evaluate my life and realize that I was addicted.

The cocaine came back from the lab negative. There was no cocaine.

So, they tried to indict me on another felony, possession of ritalin.

I have a prescription.

Folks, it's really really difficult to get ONE felony. To get THREE felonies you have to be working at it. I am now foursquare in favor of the Three Strikes law.

---

That said, I don't think drug possession should be a jailing offense, unless the addict in quesion simply refuses to quit. Treatment should be the first option offered to addicts. Those that want to get well, and start into recovery, will. Those that continue to piss dirty, are showing that they have no intention of trying to recover. Those people who have no intention to get better should probably end up in jail.

However, in this example, Smith WAS offered treatment, and CONSTANTLY tested dirty, yet he STILL wasn't put up in jail or prison. That is a system failure.

[codyjacksmom]

Turn him over to me also. This creep, along with all the slap you on the wrist judge's that have given this piece of low life maggot 13 strikes, deserve to go through what this poor little one did. They will have to face God on their day and I would love to know what excuses they give for their actions. I have an 11-yr old daughter and so help me God, if someone were to do this to her, forget the justice system. He would wish that the police had him first!

[Beck_isright]

"However, in this example, Smith WAS offered treatment, and CONSTANTLY tested dirty, yet he STILL wasn't put up in jail or prison. That is a system failure"

And in a big way. Judge Rapkin should have had a hearing to review the case and see this weasal face to face. Instead he shirked his duties (as he has hundreds of times in uncountable cases as bad as Smith) and is blaming the probation officer who asked for the arrest warrant to be signed.

And the judge got nailed in his own lie on local television last night. The judge said (paraphrasing) "if he's unemployed how can he pay the fines that he is past due on." However if you notice the video and statements from this story and probation officer, he's wearing his work uniform and clearly states that he was working. I really believe that a lot of the problem is the laziness of judges to engage multiple offenders and spending too much time on minor drug possession cases and first time offenders.

[Woahhs]

It's getting to where I'm tempted to put on my Batman suit for real. I'm tired of these stories.

Indeed. I'm considering how to arm and train my prospective children against just such an occasion.

[Tiger28]

i just love how the article leaves out the fact that he had previously been arrested for kidnapping--kidnapping should be a ONE strike and you're out offense. prayers for this poor family

[Jim Noble]

Treatment should be the first option offered to addicts. Those that want to get well, and start into recovery, will. Those that continue to piss dirty, are showing that they have no intention of trying to recover. Those people who have no intention to get better should probably end up in jail.

The first thing offered to people who plead no contest to clubbing a woman and trying to drag her into the woods should be death.

There is a difference, as I'm sure you know well, between addicts, even addicts who commit property and violent crime, and people whose brains are vibrating 24/7 over kidnapping and killing little girls.

There are many more of the former than the latter.

The fact that, in the perverse world of prison, sociopaths rule the roost, does not mean that all prisoners are sociopaths.

Smith's repeated drug arrests by themselves mean nothing.

He never should have gotten past the attempted kidnapping.

[badmrbunny]

the wrath of god knows no bounds when a person harms a child.this sicko will pay a heavy price- much worse than death for what he has done.

[American in Israel]

I agree that drug possesion without intent to sell should be a wrist slap crime. High fines, no time. But I would add time for drug use during the execution of a crime.

Drug users need help, not jail.

[Gorzaloon]

Smith, who could face the death penalty, was arrested Tuesday on an unrelated drug charge and identified Wednesday as the man in the videotape.

COULD FACE the death penalty???

COULD???

How about the last judge who let this vermin go facing the death penalty?

I pray, fervently, that this never happens to a relative of mine. If it does, next stop is the network news.

[Beck_isright]

But what price will the Judge pay? The jurors who let this animal free? The demorat public defender who created the story in the first trial to get this scum acquitted? These people of apparently no conscience or brains deserve to pay a price. But alas, all they will do is endure the public firestorm then continue with their lives and careers. While Carlie's family suffers until they are reunited with their daughter.

[Beck_isright]

It is the network news. He will face the death penalty. The D.A. here is furious.

[Hillarys Gate Cult]

I'm trying to guess what Smith's strategy is in all of this. I think I heard he'll try the "I was on drugs and not responsible for my actions" defense.

I bet the ACLU is sitting by the phone sweating bullets that he ( his lawyer or some other some representative ) doesn't call them for help on this one. It would finish them.

[TN4Liberty]

If Florida had a three-strikes law the pig that killed her would be locked up and this poor little girl would still be alive and well.

If the judges had done their jobs, a three strike law wouldn't be necessary.

[OldFriend]

It would seem that the police officer who stopped him near the underpass remembered their stop and went back to look for Carlie's body.

This is reminicent of the Polly Klass case where a homeowner called the police because a car was on her property. The police arrived, questioned the kidnapper and let him go on his way. In defense of the police, they had no idea there was a kidnapping. I suspect the police officer who questioned Smith had no idea there'd been a kidnapping either. The video tape had not been made public yet.

[ovrtaxt]

We have a 10-20-life law (thanks to Jeb)(!) but that wouldn't have helped here. It's just for crimes committed with a gun.

The PI that the family hired is supposedly going after the judges (good luck) but jeb(!) said that his office would look into the judicial failings too. Hopefully, things will change. Floridians are sick of the courts working against law enforcement.

The Schiavo case is another prime example.

[OldFriend]

The judges DO work very hard. Trying to find reasons to let enemies of society back out on our streets so our children are in constant jeopardy.

[PGalt]

13 "strikes"?

America's mullahs see no evil, hear no evil, speak no evil

[Beck_isright]

Exactly. After all they learned in their psychobabble socialism 101 classes that everyone deserves at least 10 chances to rehab their lives. Even if they commit murder. Or try to.

[mware]

I've watched that video over and over. It is difficult to tell but it looked like he had something in his right hand. Perhaps a knife or screwdriver.