Sarasota judge says he did nothing wrong in handling Smith case

Miami Herald ^ | 2-6-04 | VICKIE CHACHERE

[Indy Pendance]

SARASOTA, Fla. - The two parties responsible for supervising the man suspected in the slaying of an 11-year-old girl pointed fingers at each other Friday for not putting him behind bars in December.

Joe Brucia, the father of victim Carlie Brucia, 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," said Joe Brucia. "He should never have been out on the streets."

Both Circuit Judge Harry Rapkin and the Florida Department of Corrections denied wrongdoing in the handing of Joseph P. Smith's case when in December he fell behind in paying his court fines and could have been jailed.

Rapkin said a probation officer did not provide information to show that the often unemployed Smith was willfully refusing to pay his fines. Rapkin spoke out Friday because he said his role has been misunderstood and he is now getting death threats from outraged citizens.

Corrections Secretary James V. Crosby Jr. countered that the judge never called for a hearing during which a probation officer would have presented evidence against Smith. Instead, the judge put a "sticky note" on the file saying: "I need evidence that this was willful. did he have the ability to pay?" and initialed it.

Smith is under arrest in the slaying of Carlie Brucia, whose body was discovered Friday in a wooded area near a Sarasota church. The girl was abducted Sunday night on her way home from a friend's house; her kidnapping has riveted the nation because it was caught by a surveillance camera.

Smith has a lengthy criminal past that includes at least 13 arrests and a string of probation assignments. Court records show him as a chronic drug abuser who has been arrested repeatedly for prescription drug fraud, cocaine use and heroin possession.

Smith was being supervised by a probation officer in Sarasota who since August had sent the judge two notices that Smith was violating his probation.

Neither violation resulted in Smith being jailed. Rapkin, who assumed Smith's case when he took over a division from another judge, never actually saw Smith in his courtroom.

Smith tested positive for drug use in August, but the probation officer noted that the test could have been affected by Smith's use of prescription painkillers and antidepressants. The second violation came when Smith fell behind in his court payments, a $411 bill that was to be paid by the fall.

Rapkin said because Florida does not have a "debtors prison," he couldn't jail Smith for simply falling $179 behind in payments. He said that is a frequent occurrence for people on probation, but then they usually catch up.

"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."

But Crosby said under the rules of the Sarasota Circuit, the probation officer had no choice but to wait for Rapkin to call a hearing and then act.

In August, when Smith tested positive for drug use, the judge marked on a form that no further action was required, Crosby said. In December, the matter was only addressed with the note on the file.

"What the judge typically should do according to the rules is issue a warrant and have a hearing," Crosby said. "If he had a question on whether we had evidence, we would produce the evidence.

"...The judge has all the power. All we can do is report when the person has not performed as ordered by the judge."

Crosby said he believes probation officers kept Smith under as close watch as possible and reported him every time they caught him violating the terms of his probation.

"It's a shame that we go to try to find a person who has done their job as a probation officer and try to make them a scapegoat," he said.

[Indy Pendance]

.

[Maria S]

I heard M. Savage suggest something interesting while ago about this case...if doctors can be sued (and they ARE) for anything and everything that goes wrong, why not judges and defense lawyers? IMO, especially some of the liberal judges these days!?!

[anniegetyourgun]

I've always thought that officers of the court who let these freaks out early and repeatedly should have their names in the paper.

[beckysueb]

I totally agree! Thats what I said to my husband after work this evening. They should be able to sue the judge!

[abclily]

Exactly. Judges and lawyers should be held accountable for the criminals they put back on the streets. These criminals terrorize all law abiding citizens. Citizens should be able to bring class action suits against judges and lawyers for malpractice.

[alrea]

...if doctors can be sued (and they ARE) for anything and everything that goes wrong, why not judges and defense lawyers? IMO, especially some of the liberal judges these days!?!

bump

[jocon307]

Thanks for posting this, I kept hearing glimpses (well, that's what it was like) of it all day.

But I have to say, this is less than what I imagined. It seems to me that, as reported in this article, the Judge and probabtion officer had no reason to think this man would commit a crime of such magnitude, if this is the entirety of if. I, myself, wouldn't think that falling behind by $180 in money due to the court would indicate that a person was likely to commit murder.

But I heard some glimpses of this guy having a prior for kidnapping, any straight dope on that?

Crimes like this are the worst. This one is particularly bad, almost no time went by before the girl was missed and the situation reported, and she still was not saved. Scares the sh*t out of me.

I'm thinking of getting my daughter self-defense classes for HS Graduation. How she used to moan, when she was little and wanted to go where ever, that I "didn't trust her", and I told her so many times that I trusted her, just not all the bad people in the world. And the main problem is that you don't know who they are, or where they are, and, in fact, they can be anywhere.

She drives now, and I don't have the anxiety about that that most people do. She is a good driver, but cars are always worrisome, but I've realized that my greatest fear for my daughter is that she might be a crime victim.

I feel so awful for this family. At least I think the great state of Florida can be relied upon to execute the bastard, for that I give them credit.

[sandbar]

Do you honestly think judges would rule for themselves to be sued for not making good decisions??

That is absurd as a group of people being able to vote themselves a raise!! And we all know that doesn't happen!

Oh wait...

[rocksblues]

I think that as this guy has no history of child molesting and the fact that he was only behind on court payments the Judge is not at fault!

[Beck_isright]

I've have spoken profusely on this subject in the long Carlie thread. But this judge is a liar. He let a convicted arsonist loose three years ago who shot one and almost killed another person. He has refused to sign warrants as requested by the Department of Corrections in hundreds of cases. If Jeb does not lift a finger to initiate an investigation against this judge, it just proves he is all talk and no action.

[JOE6PAK]

Smith has a lengthy criminal past that includes at least 13 arrests and a string of probation assignments. Court records show him as a chronic drug abuser who has been arrested repeatedly for prescription drug fraud, cocaine use and heroin possession.

Lets hope the Fla. "PROSECUTOR" doesn't start getting e-mail!

Right Rush?

[davisfh]

I see a day coming in this country where public officials are forced to account for their irresponsible actions. As I understand the present system they are protected, statutorily , from prosecution for their actions. I don't see how this can be allowed to continue.

The people must be protected from irresponsible public officials such as Harry Rapkin and the bureaucrats who run the Florida Department of Corrections. Harry Rapkin and those who enabled and allowed this outrage should be summarily removed from office.

[doodad]

After hearing the whole story about the judge I came to the conclusion that he was not in the wrong, but the judge in the first assault case and the entire freaking jury in the second are to blame. Two years probation for assaulting a woman and he ended in custody only because the police wandered by.

But in any case, lawyers will not take cases against each other. Seems sharks on land are not cannibals.

[Cubs Fan]

In August, when Smith tested positive for drug use, the judge marked on a form that no further action was required, Crosby said. In December, the matter was only addressed with the note on the file. "What the judge typically should do according to the rules is issue a warrant and have a hearing," Crosby said. "If he had a question on whether we had evidence, we would produce the evidence.

If this judge had a conscience he would commit suicide. I hope he continues to receive threats, normally such things are wildly inappropriate, but not in this case. Not at all.

[pointsal]

phooey!

[Cubs Fan]

I totally agree! Thats what I said to my husband after work this evening. They should be able to sue the judge!

Yep if a doctor makes a mistake far less blatant than this and it results in a death or other injury they can lose their license and be sued for millions. So why should a judge be able to make a decision that takes a little girls life and have no accountility whatsoever?

[Cubs Fan]

I think that as this guy has no history of child molesting and the fact that he was only behind on court payments the Judge is not at fault!

Nonsense he violated probation twice in failing a drug test and failing to pay his fines. He's obviously a habitual offender who shouldn't even be out, much less out when he violates his probation. This jusdge should do the right thing and stick a shotgun in his mouth. A little 11 year old girl is dead because of his gross incompetence.

[raybbr]

"What the judge typically should do according to the rules is issue a warrant and have a hearing," Crosby said. "If he had a question on whether we had evidence, we would produce the evidence.

"...The judge has all the power. All we can do is report when the person has not performed as ordered by the judge."

And this:

Months before a sexual predator allegedly raped and murdered a mother and killed her young daughter, a Woburn judge offered to detain Michael Bizanowicz on a drug forgery charge but his probation supervisors told the court to ``send him on.''
``What more could we do?'' said Woburn District Court Presiding Judge Marie Jackson Thompson, who said yesterday that the judge went above his call of duty when he reached out to Bizanowicz' probation office in Lowell.From here.

Judges are telling lies all over the country. When it comes to social engineering they are quick to claim power. When it comes to keeping criminals off the street and the public safe they claim to have no power. Our judicial system is in dire straits.