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.

[Peace will be here soon]

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

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From what I know, he was either found not guilty or there was not sufficient evidence to go to trial. Something like that.

It is true he was charged/arrested for an attempted kidnapping/assault on a woman, but was never convicted of that crime.

[okie01]

"Judges and lawyers should be held accountable for the criminals they put back on the streets."

I've long held that, with every conviction (or, perhaps, arrest), there should be a public notice printed in the paper of record. That public notice should include all of the defendant's previous arrents, the disposition of those cases, and the judges, parole officers, prosecutors and defense attornies involved.

If there is blame to be placed, we should know whose it is.

[okie01]

"Judges and lawyers should be held accountable for the criminals they put back on the streets."

I've long held that, with every conviction (or, perhaps, arrest), there should be a public notice printed in the paper of record. That public notice should include all of the defendant's previous arrents, the disposition of those cases, and the judges, parole officers, prosecutors and defense attornies involved.

If there is blame to be placed, we should know whose it is.

[Wicket]

I'm a big fan of hanging judges by their toes or whapping them upside the head when they screw up - see the German cannibal case -

Unless this guy was known to be violent or predatory, I don't think non-payment and other probation violations would be any kind of indication that he would do what he did.

I think it's a human inclination to assign blame - by demonstrating that "but for this bozo, the girl would still be alive", we can think that the solution is the elimination of bozo judges. It also makes us feel safer if we can figure out who/how things were fouled up.

Sad, sad deal and I hope this perp gets everything and more that the law can throw at him.

[Maria S]

"I'm thinking of getting my daughter self-defense classes for HS Graduation."

Stop thinking about it and do it!!! You might just be saving her life or at least protecting her against rape or bad physical assault. I took a self-defense class last year...amazing! Even just a few suggestions that your daughter might pick up could save her. Like, caught in a parking garage with someone? Play ring-around the car until someone maybe comes along; or roll under the car. Whatever you do, don't ever, ever agree to go with the man...you're signing your death warrant. After I saw the camera images of the little girl leaving with the monster, I thought to myself...she should be fighting back, pulling from him, and screaming bloody murder!

I feel great sorrow for the family of this little girl; they must be feeling pain unlike anything I've ever known!

[expatpat]

Our judicial system is in dire straits.

Ain't that the truth! IMO, the time has come for the Legislative and Executive Branches to (a) ignore efforts by the Judiciary to make law, (b) to insist that it cleans up its act regarding its responsibility to faithfully carry out the law in its courts.

[Peace will be here soon]

It is true he was charged/arrested for an attempted kidnapping/assault on a woman, but was never convicted of that crime.

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Another post indicated he was convicted on the assault charge. I just don`t know for sure. I do believe he was not convicted on the kidnapping charge.

[Leatherneck_MT]

"I did my job"

Yeah so did Himmler

That Judge needs to stand trial for complicity before the fact.

[Peace will be here soon]

Another post indicated he was convicted on the assault charge. I just don`t know for sure. I do believe he was not convicted on the kidnapping charge.

---

I didn`t want to give you bad info.

[BigSkyFreeper]

"Sarasota judge says he did nothing wrong in handling Smith case"

Uh, right judge. Try explaining that one to Carlie's parents.

[GailA]

Better yet get her shooting lessons, and pay for her to get a CCW permit.

Parole & Probation stats

Recidivisim Stats

I strongly suggest ALL read these reports. They are the latest stats from the BJS. Over 12,000 men, women and children were slaughtered by felons on probation and parole in 1991, which is the last report done.

[philetus]

No No, you don't understand. Judges and lawyers are more equal than the rest of us.

[rocksblues]

"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."

Nonsense? This type of person wanders our streets every day. If we lock them all up we would need another planet to hold them.

[NautiNurse]

"If I thought that not signing a warrant caused this girl's death, I'd quit," Rapkin said.

Not to worry--Judge Rapkin is up for re-election this year. The voters will give him a pink slip.

[JimSEA]

If I might go on just a slight tangent? The Legal experience of Joseph Smith should give us a pretty good idea of just how things would turn out if Kerry and crew take the Presidency and start processing the terrorists as criminals.

[Righty1]

Judges don't make the law. If the spineless legislatures would do their jobs this judiciary revolution could be halted.

[Dasaji]

test could have been affected by Smith's use of prescription painkillers and antidepressants. . .

Why do I see a Prozac Defense coming up in the future for this guy?

[mathurine]

If judges were to be sued,life would quickly improve. There might be a good judge occasionally, but most of them are very peculiar people.

[Just Lori]

We don't need to add to the already overloaded lawsuit forum where the only ones who win are the lawyers. All we need to do is give JUSTICE to those who have been wronged for life by these scumbags who think a day in court and a few years in jail is a walk in the park! What has happened to our justice system? Victims no longer have any rights. The accused have all the rights we can muster up! It's a sad sad state of affairs here. The answer is really not that complicated. If you commit a crime, there's gonna be hell to pay! If we stop making prison less like a day at the beach and more like a place you really don't want to be, then MAYBE criminals will take notice. If a death sentence doesn't mean you get another 10 or 15 years, but means you DIE in less than a year, wouldn't that mean something to perpetrators? (not to mention saving a ton of taxpayer dollars)

[cherry]

" prescription drug fraud, "

yes, I just hope against hope that this guy wasn't also "DOCTOR SHOPPING" because if he was, his goose is really cooked....

Let's hear it for lynching all those doctor-shopping criminals!!!!!