posted on February 6, 2004 08:11:38 AM new
I would rather French-Kiss Castro than let this POS live another second.
This is what we get with these damn liberal judges and lawyers that have corrupted the "Legal System".
"Smith has been arrested at least 13 times in Florida since 1993, according to state records, and convicted of drug possession and other charges. He was arrested in 1997 in Manatee County on kidnapping and false imprisonment charges but was acquitted a year later."
Body of Carlie Brucia Found...
SARASOTA, Fla. (AP) -- The body of an 11-year-old girl whose abduction was captured by a surveillance camera was found in a church parking lot, and a mechanic has been charged with her murder, officials said Friday.
Sarasota County Sheriff Bill Balkwill declined to say where Carlie Brucia's body was found, but a law enforcement source close to the investigation said it was found between 12:45 a.m. and 1 a.m. Friday outside a church a few miles from the car wash where she was taken.
"Our prayers on behalf of everybody here in Sarasota County go out to the family," Balkwill said.
He said Joseph P. Smith, 37, has been charged with the girl's murder. Smith is believed to be the tattooed man in a mechanic's shirt who was seen in a car wash surveillance video leading Carlie away by the arm Sunday evening, authorities said.
Investigators found the body after negotiations with Smith, said the source, who spoke on condition of anonymity. Earlier, authorities had said Smith was not cooperating.
"We now stand ready to complete our obligation, and assure you that he will pay the ultimate price for what he did to her," Capt. Jeff Bell said.
The girl's father, Joe Brucia, somberly thanked "all the (law enforcement) people behind me and all the people that were behind them in their efforts to find my daughter." He also thanked "the community that was so involved."
The Central Church of Christ was surrounded by yellow crime scene tape Friday, and about a dozen detectives walked in a line across the field in an evidence sweep.
They declined to confirm whether the body was found there. But Carlie's stepfather, Steven Kansler, and some friends gathered at the edge of the church property Friday morning, kneeling in a prayer circle.
Rod Myers, the church's minister, said a Bible study group met there Wednesday night but nobody saw the body because it was dark.
"We are all upset about it, and we all feel helpless when things like this happen," Myers said.
In the front yard of Carlie's home, another small group of supporters joined hands and bowed their heads in prayer.
Friends described Carlie as a beautiful girl who loved watching actress Jennifer Lopez, going to the mall and greeting friends with warm hugs. She was heading home from a slumber party when she was abducted.
Carlie's friend Natalie Thomas cried after hearing that her classmate's body was found. She remembered Carlie's smile and that she liked to go on walks.
"There's nothing you can do to make anybody feel better and it's going to hurt for a long, long time," said Chuck Chambers, a private investigator who was working with the family.
"I need my daughter home," Carlie's mother, Susan Schorpen, had said Thursday. "She's a very, very important part of this family and community."
Members of her former Girl Scout troop took a day off from school Wednesday to pass out fliers at shopping centers, canvass neighborhoods and distribute pink ribbons adorned with Carlie's name.
A reward fund of $50,000 was offered for information.
Smith has been arrested at least 13 times in Florida since 1993, according to state records, and convicted of drug possession and other charges. He was arrested in 1997 in Manatee County on kidnapping and false imprisonment charges but was acquitted a year later.
An aide to Smith's public defender, Adam Tebrugge, had declined to comment Thursday.
Carlie was walking home from a friend's house at about 6:20 p.m. Sunday when she took a short cut behind Evie's Car Wash, which was closed for the day.
Bloodhounds led deputies to the business, and car wash owner Mike Evanoff checked the security system video Monday, he said. The images of Carlie popped up almost immediately, he said.
"It was cold chills right up my back," Evanoff said earlier this week. "My manager couldn't even look at it. It's an awful feeling."
In the 1997 kidnapping case, a 20-year-old woman in Bradenton said a man grabbed her as she walked by and tried to pull her away, according to records released by the Manatee County Sheriff's Office.
"He got on top of me and told me to shut up or he would cut me," she told authorities. After a struggle, she said, she managed to run into the street, and passengers in an approaching van stopped and rescued her.
Smith, found hiding behind a house by a police tracking dog, was acquitted by jurors after telling them he was trying to keep the woman from running into the street and she misunderstood.
posted on February 6, 2004 09:02:39 AM new
This wretched man would have been back behind bars in December for parole violations but a judge used his discretion and decided to let this monster continue to roam free.
Max, this is one of the few things you and I argee on completely: put these fuctards away for life (or kill them). This guy has thirteen convictions already, why the heck was he on the street to begin with?
Edited to clarify: Smith had violated terms of his probation, not parole.
A state Department of Corrections official, meanwhile, said a probation officer had asked a judge to declare Smith in violation of his probation on Dec. 30 because the unemployed mechanic had not paid all his fines and court costs.
Probation official Joe Papy said 12th Circuit Judge Harry Rapkin declined to find Smith in violation, which could have returned Smith to jail.
posted on February 6, 2004 09:42:04 AM new
What an animal. When he refused to talk I suspected that the girl was dead.
But, how is it the fault of a liberal judicial system. In the previous crime he was aquited by jurors. His recent probation violation was ignored by a judge. We don't know if the jurors or the judge were liberals.
posted on February 6, 2004 09:42:37 AM new
A couple corrections - he had 13 arrests - not convictions. Most were on drug charges.
::Probation official Joe Papy said 12th Circuit Judge Harry Rapkin declined to find Smith in violation, which could have returned Smith to jail. ::
Not according to this report Pat .....
[i]When Smith tested positive for cocaine, one of a half-dozen tests he failed last year, his probation officer didn't send Circuit Court Judge Harry Rapkin an arrest warrant, as many DOC officers here do for violations, Rapkin said.
Instead, she wrote Rapkin that Smith was getting drug treatment at a local nonprofit center.
"It basically said, 'Judge, this happened … we're taking care of it,'" Rapkin said. "I said, 'OK, fine.'"[/i]
I'd say it looks like the system failed, not the judge. The judge was never asked to send him to jail and simply oked the decision made by the probation office.
This is a horrible case. If you only look at his convictions, there is nothing to indicate violence and sexually based crimes. The only time he was accused of such a thing in a frighteningly similar situation, it turns out he was acquited so there was no way to use that as a sentencing consideration.
Hopefully the evidence will eist this time to secure a conviction and I absolutely believe that if a conviction is obtained it should be met with a death penalty sentence.
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If it's really "common" sense, why do so few people actually have it?
[ edited by Fenix03 on Feb 6, 2004 09:45 AM ]
posted on February 6, 2004 10:00:17 AM new
Fenix, we're citing two separate incidents of Smith violating his probation. The December 30 matter was about Smith's failure to pay off his court fees on time, not drug use. And in that matter the judge did decline to put Smith back in jail.
12th Circuit Judge Harry Rapkin is an elected (non-partisan) judge. His term expires in 2011.
posted on February 6, 2004 12:04:07 PM new
I must say somebody could have trained this girl not to be led away so easy as I saw on that video. She should have at the least fallen on the ground screaming her head off and made him pick her up and carry her to take her anywhere.
When the schools and the parents train children to shut up and be obedient I don't think they realize they sometimes make them such sheep they go quietly to their slaughter.
When I was 11 if somebody had grabbed me and tried to drag me away he would have had a knife in his ribs for his trouble.
posted on February 6, 2004 12:29:51 PM new
This is another reason why every state should have a 3 Strikes law. That piece of sh!t should have been put away long ago.
posted on February 6, 2004 12:48:38 PM new
As per gravid- there is a show on TV hosted by Shannon Daughtery (sp?) ala 90210 fame that does "practical" jokes on regular people. I forget the name of it.
Many of the scenarios involve some type of violence, from car-jacking to home invaisions.
I was immediately stunned at the number of female "victims" on the show that looked like deer in the head lights when confronted with a violent situation.
The most any of them did was start pleading with the attacker to leave a and promising not to tell anyone what they saw.
If you ever get a chance to watch this show you'll see what I mean.
posted on February 6, 2004 01:18:14 PM new
Florida has a three strikes law but Smith's crimes were not applicable. Considering that California has 340 people serving life terms for shoplifting thanks the the wording of their three strikes law the Florida law does not include non violent crimees (with the exception of drug trafficing).
~~~ • ~~~ • ~~~ • ~~~ • ~~~
If it's really "common" sense, why do so few people actually have it?
posted on February 6, 2004 01:20:29 PM new
Reamond - it's called Scare Tactics. It's on SciFi channel and it already had a lawsuit filed against it before the first episode airred.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
If it's really "common" sense, why do so few people actually have it?
posted on February 6, 2004 01:45:26 PM new
We (California) also have nearly 600 people on Death Row because the Ninth Circuit Court of Appeals refuses to hear appeals as a means to circumvent the public's will regarding capital punishment.
And just one judge was able to overturn an overwhelmingly passed proposition a few years ago that would've forced insurance companies to stop gouging us.
Frankly, one of the reasons I vote is because I do follow various judges' decisions and those I don't want elected or retained get not only a "NO" on my ballot but big fat signs go up on my front lawn (I live at the corner of a highly-trafficked four-way stop) describing their past indiscretions .
posted on February 6, 2004 10:51:48 PM newSarasota Judge Says He Did Nothing Wrong in Handling Smith Case
By Vickie Chachere Associated Press Writer
Published: Feb 6, 2004
SARASOTA, Fla. (AP) - 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.
Edited to add: His role has been 'misunderstood' my a$$. That judge used sticky notes to avoid tiresome proceedings and get himself out onto the golf course all the sooner. I hope those irate callers keep him awake for many more nights to come. Fuctard.
posted on February 7, 2004 03:56:04 AM new
I don't think simulated car jacking or home invasions are funny.
The first wave through the door in a home invasion gets a 12 ga salute. I load my own with short lengths of brazing rod snipped off so the ends are sharp. The ones that hit sideways make a 5/8 inch wound channel and the ones that hit end on go through body armor like wet tissue paper.
Only trouble is if you shoot a short barrelled shot gun in the house it is instant remodeling time. If it were just a robbery it would be cheaper to let them take what they want. But home invaders by nature have to be indifferent to the prospects of violence to the homeowner.
