Suspect set to appear before familiar judge

Bradenton Herald ^ | Tue, Feb. 10, 2004 | AIMEE JUAREZ

[NautiNurse]

SARASOTA - Joseph P. Smith won't stand before an unfamiliar name this March when he is expected to enter a plea before a judge.

Facing charges in the kidnapping and murder of 11-year-old Carlie Brucia and two drug-related charges, Smith, 37, is scheduled to face Sarasota Circuit Judge Harry Rapkin at an arraignment hearing March 12, according to the Sarasota County Clerk of Courts' records.

The two have never met, but their histories are intertwined.

Rapkin crossed paths with Smith's case as recently as December when state corrections officials tried to put Smith back in jail on a probation violation. Rapkin said there was not enough evidence and refused to sign a warrant for Smith's arrest, court records showed. It is unknown whether Rapkin will preside over the arraignment or recuse himself after public criticism over his handling of the probation violation.

During an impromptu news conference Friday, Rapkin said his role was misunderstood and that he has received death threats, the Associated Press reported. Criticism has expanded to a national level as well, with the judge's picture broadcast on a cable talk show Monday night.

Earlier Monday, Smith's attorneys requested a gag order from Sarasota Circuit Judge Andrew D. Owens in an attempt to keep their client's case out of the media spotlight.

In addition to the gag order, Smith's attorneys filed a motion asking that the defense be allowed to interview grand jurors, a memorandum of law in support of the gag order and a motion for pre-indictment discovery. The attorneys also filed correspondence and notes on the case.

The motions are scheduled to be heard Wednesday in Sarasota circuit court.

As Carlie's story continues to unfold before a national audience, investigators with the Sarasota County Sheriff's Office, the Florida Department of Law Enforcement and the FBI remain tight-lipped regarding the details behind the abduction and murder of the McIntosh Middle School sixth-grader.

"I will not talk about the investigation," Sarasota Sheriff Bill Balkwill said during a Monday morning news conference, which was called on behalf of Carlie's father, Joseph Brucia. "I am on the state attorney's timeline now. I'm not going to go into any of the details of the actual case at this time."

A piece of surveillance video released Monday by the sheriff's office shows a station wagon investigators contend was the one used by Smith in the abduction.

While law enforcement agencies continue to investigate the more than 750 leads they have received since Carlie disappeared on Feb. 1, the case has been turned over to the State Attorney's Office.

Chief Assistant State Attorney Dennis Nales said additional information on the case will be scarce until Smith's arraignment proceedings close.

"Investigative reports do not become public record in this case until they are provided to the defense through the discovery process," he said. "Once the charges are filed, the rules of criminal procedure require we turn over investigative information to the defense."

The gag order will prohibit attorneys and those connected with the case from talking to the media or the public about it. The intent, attorneys say, is to avoid creating prejudice in the minds of potential jurors through pre-trial publicity.

Lawyers for the Herald plan to oppose the motion for a gag order.

Balkwill said a motive or other case details will not be disclosed until the investigation is completed.

"This investigative team that's (standing) behind me is following up every single lead that still comes in. This is far from over," he said. "We're a very professional agency; we're going to continue to follow up all the different leads that we have. Once we piece that together, believe me, you will know the facts of this case."

[NautiNurse]

Small, small world. Since Judge Rapkin has received death threats, we would think he might recuse himself from the case this time.

[NautiNurse]

Will Rapkin redeem or recuse himself?

[Smocker]

Any judge who lets a criminal out on probation, and the criminal commits a crime, ought to go to jail himself, or lose his job.

that said, what is it with this following quote? "As Carlie's story continues to unfold before a national audience, investigators with the Sarasota County Sheriff's Office, the Florida Department of Law Enforcement and the FBI remain tight-lipped regarding the details behind the abduction and murder of the McIntosh Middle School sixth-grader."

This did not happen in school, after school, etc. can't she just be identified as the child of her parents? Why does she have to be identified as the child of a middle school? Did she belong to the state school? Does a school mourn her death? No, her parents mourn her death. What is it with this?

Am I missing something here?

[NautiNurse]

Good point. I have noted that the school principal has shoved his face in front of every camera that would allow it. He appears to enjoy the limelight.

[NautiNurse]

Judge Rapkin is still on the court calendar PING!

[Smocker]

The principal?

enjoys the limelight? words fail me.


Poor child. She rests in God's loving arms. Poor family.

[Dante3]

Just wondering if there is any evidence he actually received DEATH threats. I sure hope something is being done to remove Rapkin who at best is totally incompetent.

Yesterday Bill O'Reilly reported that this is not Rapkin's first wrong decision -- Rapkin also come out on the side of a pervert who had molested a 2-year-old boy. Even the defense attorney on the show had to agree Rapkin did wrong.

[NautiNurse]

Over the weekend, WTSP Ch 10 showed a stack of cases where Rapkin had handwritten notes to excuse, overlook, and otherwise ignore a variety of offenses for numerous criminals.

[TaxRelief]

It would appear that the public outcry caused Rapkin to beg for the case so that he can come down hard this time and "clear his name". Then he can go back to his old tricks.

He's up for reelection. Vote him out!

[TaxRelief]

The media consistently reinforces the "State" and diminish the "individual". It's the subtle brainwashing of the public.

[Dante3]

Sounds like either he has an agenda or he is bought off. In any case, he has disregarded the laws and common sense and should be removed.

Since he has claimed death threats, he most definitely should be removed from the case.

[Dante3]

I agree.

[floriduh voter]

Rapkin will probably be hiding behind his desk in Chambers. I urge anyone in Rapkin's district to VOTE HIM OUT OF OFFICE NEXT FALL. He's not fit to serve.

The state legislature; Victor Crist today, wants to "take discretion" out of the Judge's hands. In Florida, we are at the point where Judges can't be counted upon to make rational decisions based upon fact and sound judgment.

TAKE AWAY JUDGES' DISCRETION IF IT WILL SAVE ANOTHER CARLIE'S LIFE. Criminal Judges are on the criminal's side, not the public's.

[floriduh voter]

The police will not release the manner of death. At least I've not heard how he murdered the innocent Carlie.

The entire world saw this guy kidnap Carlie. Smith got caught in the act. Do we have his TRIAL on MARS? Okay by me, suit him up and launch him to Mars with Judge Paperpusher Rapkin. "It was just a piece of paper."

Carlie was "just a human being", Judge. IMPEACH HIM, VOTE HIM OUT. Rapkin, Ripken, whatever MUST GO.

Bill O' Reilly is obsessed with Carlie's murder.

[floriduh voter]

Smith beat up another woman in the early nineties which was a surprise ambush and her face was messed up and her nose broken. There's no reason this Judge could not have accessed Smith's entire rap sheet (at least his JA MUST HAVE A P.C. - they used PCs before we had home pcs.) instead of just looking at a recommendation from the probation officer, which should have been given some weight. The Judge MUST GO....... "a piece of paper", a life snuffed out. Come on, Judge. NOT GOOD ENOUGH EXCUSE.

He can put all his friends on tv spinning for him. JUDGE RAPKIN MUST GO...

[windchime]

He can't redeem himself, but he might try to improve his public image by staying on the case. He should be voted out of office.

[Dante3]

I'm sure the criminal element in Florida will be spinning in his favor.

[windchime]

"I'm sure the criminal element in Florida will be spinning in his favor."

Are you speaking of the media? :)

[Dante3]

LOL

[Smocker]

Any judge who allows a criminal out, should be held responsible for the criminals crimes. I would bet that would reduce the setting free of people on parole who are truly dangerous to society, like this animal is.