Posted on 02/06/2004 5:29:44 PM PST by 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.
the second case was a slam dunk case with a witness and even the prosecutors were stunned by the not guilty verdict of the jury...
In between he has had several drug arrests...
you have to know that one arrest for a crime probably means that the perp has done several crimes that he got away with completely.
Oh palllease. the guy was a career criminal in every sense of the word, and he violated probation, so duh, he should have been re-jailed (if probation isn't to be enforced then what the hell is it for?). This judge should do the right thing and kill himself. He's the reason this little girl no longer exists just as much as Smith is.
He WAS predatory, violent, and a career criminal. And this judge had every duty to rejail him for violating his probation (if not then what the heck is probation for?). If he had done his job as he was supposed to this girl would still be alive. He is every bit as culpable as Smith is.
That's probably why I'm enjoying watching him get blamed--lawyers profit from this very unfairness every day. One is running for president right now. They drag the innocent into court, blame them for not possessing magic wands and crystal balls, and wind up a rich and grinning candidate with a woman's hairdo.
Could be this is one of those decent lawyers that come along now and then and doesn't deserve it...
Nah.
Judge Rapkin should at the very least be impeached. He is either corrupt or totally incompetent. And yes, he does bear part of the blame for Carlie's death.
I was going to post his picture but then thought better of it. I couldn't quickly find out when this judge is up for his next retention hearing but I hope our Sarasota FReepers don't lose track. Let's help those exceedingly slow wheels of justice grind this guy out. Also, in looking at the supervisor of elections page, I was reminded that this is Katherine Harris' district. As a U.S. Rep, her power to do something at the Circuit Court is limited but I have to assume she is not without influence here.
Finally, while rage will be vented at Rapkin and deservedly so, let's not forget the judges that let this guy be on probation in the first case. Lte's make sure ALL the actors in this tragedy get their rewards, not just the supporting cast.
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