Posted on 02/10/2004 1:55:53 AM PST by 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."
Even if he doesn't recuse himself, it's doubtful the trial will occur before election day. Either way, he is a loser --and he won't be a bench sitter for the trial.
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