Posted on 04/23/2004 10:10:17 AM PDT by NautiNurse
Two days after the arrest, Department of Corrections officials said Rapkin had two opportunities to have Smith arrested for probation violations before Carlie's death, but let the violations go unpunished.
Rapkin contends that the probation officers never said they wanted Smith arrested in the first case, and did not make a case for his arrest in the second case.
"I did the best I could," Rapkin said at the time.
He quickly became a symbol for people who complain that the criminal justice system is a revolving door for repeat offenders.
In the days after Carlie's death, he would not say whether he intended to seek re-election in August to another six years on the bench.
Still, his decision caught his friends and colleagues by surprise. Bennett said he tried to persuade him to reconsider.
"This decision is more motivated out of concern for the system and for his colleagues than for himself," Bennett said.
Rapkin was appointed to the bench in 1992 and ran unopposed in 1998. He is described as a no-nonsense judge who moves cases quickly but is sometimes rude and impatient.
Attorneys who participated in a recent Sarasota County Bar Association evaluation rated him second to last among the 28 judges in Sarasota and Manatee counties.
Although he scored above average in decisiveness, integrity and punctuality, he scored below average in patience, listening and courtesy.
In typically blunt fashion, Rapkin called the evaluation a "popularity contest" and a "beauty contest."
There had been other decisions by Rapkin that drew criticism over the years, but none that sparked a firestorm like the one that erupted after Carlie's death.
He became a target of probation officials and of Carlie's father, Joe Brucia.
While the public and some in the media labeled him lenient, attorneys defended him, saying quite the opposite was true. They cited his nickname around the courthouse: "Hang 'Em High Harry."
Rapkin's law partner for 17 years, Charles Cheves, said Rapkin was treated unfairly in the last few months.
"The public likes to have a scapegoat," Cheves said. "They jumped on him."
Cheves says Carlie's case influenced the results of the bar's evaluation of Rapkin.
"They (attorneys) just finished reading how he did something wrong," Cheves said. "Some of them don't know any better and rated him down. I'm very sorry that he's been treated this way, both in the Brucia matter and in this poll."
Bennett said Rapkin was a bright, compassionate judge. He said criticism of Rapkin was motivated by public misunderstanding of the judicial system, not malice.
Rapkin will serve until his term ends in January 2005. After that, he'll be able to serve as a senior judge, handling big trials when dockets are crowded.
His decision to retire confused his friends and colleagues, including Sarasota attorney Mike Mosca, an old friend who has since decided to run for Rapkin's spot on the bench.
"Harry's a fighter," he said. "Harry is somebody who believes very strongly in what he's doing. Everybody is a little bit saddened and shocked at his decision. There's no question about that."
"Oh, please don't retire when your term is over.
Do it now!"
He messed up before but I don't know the specifics.
Thanks Julie....I'll remember that, and pass it around
Too bad Rapkin DIDN'T USE ANY JUDGMENT WHATSOEVER. I wish he would leave Florida but at least he won't be able to cause harm any longer.
FLORIDA WOMEN ARE AT RISK, whether they're Terri Schindler-Schiavo or young girls like Carlie. It makes me sick.
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