Posted on 02/07/2004 5:55:50 AM PST by jimbo123
SARASOTA - Authorities may never finish explaining why a drug addict who was twice accused of attacking women got so many second chances, most recently from a judge with a reputation for leniency.
The blaming began even before the shock and heartbreak surrounding the discovery of Carlie Brucia's body started sinking in Friday. Judicial officials came under close scrutiny for putting Joseph Peter Smith, the 11-year-old's suspected murderer, back on the streets after he violated the terms of his supervised release late last year.
Among those questioning that decision is Carlie's father, Joe Brucia, who called for an investigation into how Smith's case was handled.
"As far as this individual being out on the street, I really find the decisions made by some of these judges very questionable," Joe Brucia said during a news conference Friday. "He should never have been out on the streets."
Department of Corrections officials say they tried to put Smith back behind bars for a probation violation in December, but Circuit Judge Harry Rapkin - without holding a hearing - decided there wasn't enough evidence. Documents obtained by the Herald show that Rapkin often failed to send probation violators to jail, leaving notes on their files ordering probation officers to "work with him" or "Handle this in house or just let it go."
Rapkin said in Smith's case he only followed the law.
At least eight times in 10 years Smith by-passed prison time, mostly on drug-related charges, in exchange for probation, court documents show.
Just hours after Sarasota County Sheriff's officials announced Carlie's body was found early Friday near a wooded area by a church, Rapkin held an impromptu news conference at the Sarasota County Courthouse after being criticized about how he handled the Smith case.
"If I thought that not signing a warrant caused this girl's death, I'd quit," Rapkin said. "I couldn't live with myself. But that didn't happen. I did my job."
Rapkin released this statement:
"Joseph Smith never appeared before me. The probation officer notified me that Smith was behind $170 in paying his court costs. I requested the probation officer send me some evidence that this was willful, that he had the ability to pay and did not. I never got that evidence."
Department of Corrections officials were quick to respond, holding their own press conference in the state capital Friday afternoon. DOC officials said the probation officer had no choice but to wait for Rapkin to call a hearing and then act.
Joe Papy, regional director for Department of Corrections, asked, "We didn't even have a hearing. How does he (Rapkin) know he didn't have evidence?"
Papy, when reached by telephone at his Tampa office, had this message to Rapkin:
"Judge, we have zero tolerance in the Department of Corrections and we report violations to you, judge. We have hearings to present evidence of violations and it's up to you to make a decision."
Court records show several instances when Smith violated his probation and could have been forced to start serving time for violating the terms of his supervised release.
According to court records, Smith attempted suicide in mid-August and was taken into custody under the Baker Act at his family's request. Smith was at Manatee Glens for a couple of weeks. He was released and two days later tested positive for cocaine and was sent to First Step, a Sarasota drug treatment center. In October 2003, Smith tested positive for cocaine and underwent drug evaluation and was deemed not to need help. A probation officer presented Rapkin a warrant showing that Smith had fallen behind paying his court costs and had failed a drug test and asked to have Smith arrested, but Rapkin didn't sign it.
Rapkin attached a Post-It note to the warrant that said: "I need evidence that this was willful! Did he have the ability to pay."
In his statement Friday, Rapkin said, "The law requires that to violate someone's probation, the violation must be willful and substantial, i.e., they must have the ability to pay. I merely followed the law and requested that the probation officer give me the required and necessary information. They never did."
Rapkin said because Florida does not have a "debtors' prison," he could not jail Smith for simply falling behind in payments. He said that is a frequent occurrence for people on probation, but then they usually catch up.
Smith isn't the first violator to benefit from Rapkin's leniency.
According to DOC documents obtained by the Herald, Rapkin allowed individuals who violated probation to avoid jail at least 50 times. The stack of unsigned warrants came with Post-It notes from Rapkin with comments like: "Warn him and handle this one in house!", "See if you can work with him" and "She's been otherwise compliant let's let this go!"
Bradenton attorney Mark Lipinski, a veteran defense lawyer, said Rapkin shouldn't be taking all the heat for not sending Smith to jail because it's a common practice, particularly for drug offenders.
"This is not just a wrinkle in the law, it happens all the time," Lipinski said. "Judges are blamed because they're the easiest targets around."
While some were busy asking what went wrong, prosecutors and sheriff's investigators were piecing together the latest case against Smith.
State Attorney Earl Moreland and his Chief Assistant Denis Nales did not return phone messages left at their office Friday requesting comment.
A statement released by Moreland's office Friday said they will now review the Smith case and present it to a grand jury. Florida law requires prosecutors to get a grand jury indictment for a first-degree murder charge.
"The facts known to us at this time warrant seeking the death penalty will be filed at the appropriate time," according to the statement.
Sarasota attorney John Cole, who has served as an assistant state attorney and assistant public defender, said after prosecuting about 20 murder cases, he understands what both sides are going through right now.
"Of course the defense is trying to make sure he's (Smith) not making an statements or admissions that would hurt him," Cole said. "As the prosecution you're trying to put all your evidence in a row so you don't have any missing pieces."
Smith, who is being held in Manatee County jail for security reasons, is scheduled to make his first appearance before a judge in Sarasota this morning on charges of murder and kidnapping. Manatee County Sheriff's spokesman Dave Bristow said Smith has waived his appearance and will not be in Sarasota for the proceeding.
In the next month an arraignment will be scheduled at which time Smith is likely to enter a plea of not guilty, Cole said. After that step is completed, numerous case management conferences will probably happen before a trial date is determined, he said.
This is what motivated the '3 strikes and you're out' law in California. The people decided that they are a higher authority than any individual judge. If it's good enough to put away a pizza thief for 25-life, it certainly would have kept this loser locked up.I used to be one of the people who had some slight doubts about the fairness of the 3-strikes laws. Not anymore. My doubts are gone. If some minor losers end up "unjustly" serving a life sentence, that's too friggin' bad. I want the losers to tremble in fear every day of their worthless loser lives.
For the rest of my life, I will vote for 3-strikes laws --- and the people who support them --- whenever I get the chance. And I will do so with enthusiasm.
No comment.
Judge Harry is a liar because, as we all know, liberals never give up power voluntarily.
Ah, the cruelties come home to roost at least once in a while.
I thought it was the Fifth Amendment.
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