Judge Getting Death Threats For Not Jailing Suspect In Girl's Murder

The judge overseeing the probation of the man accused of killing Carlie Brucia is getting death threats. But the judge never even met Joseph Smith (photo right).

His mail is blunt and stinging.

"Carlie's blood is on Judge Rapkin's hands," reads Judge Harry Rapkin (photo left). "I just don't understand that. Carlie's blood is on that killer's hands."

Judge Rapkin oversaw probation last year of the man now accused in the kidnapping and murder of 11-year-old Carlie Brucia.

"I know I didn't do anything wrong. I followed the law and it's ruined my life. I'm getting threats, hate mail," says Rapkin.

Suspect Joseph Smith has never been in Judge Rapkin's courtroom, just a name on a piece of paper for various probation drug violations, in and out of drug treatment, even committed to a hospital after an attempted suicide last August.

Last October, probation suggested another technical violation and referred him to more treatment.

CARLIE BRUCIAVideo: Girl's Abduction Caught On Tape Video: Mother Makes Plea For Daughter's Return "That was okay. The alternative would be to put him in jail. If we violated him and sentence him to 60 days in jail and revoke and terminate his probation, he'd still be a drug addict out in the street," Rapkin says.

In December, a probation officer asked the judge to sign a warrant for Smith's arrest. This time, for failing to pay $170 in court costs.

"I need evidence that this was willful. Did he have the ability to pay?" questions Rapkin. "You can't put people in jail for being poor."

A spokesman for the Department of Corrections insists, too, that he did the right thing, working within the system, leaving things up to the judge.

We asked Rapkin, "Did anyone from the Department of Corrections/Probation get back to you to say whether he completed his drug program?"

"No ma'am. They've never gotten back to me about anything. The next thing that happened in this case is this terrible tragic event," Rapkin replied.

Previous Stories: February 9, 2004: Governor: Sarasota Girl's Alleged Killer Should Have Been In Jail February 9, 2004: Father Of Carlie Brucia Speaks To Media February 6, 2004: Body Of Missing Sarasota Girl Found; Mechanic Charged February 6, 2004: Carlie Brucia Remembered At School As Fun-Loving Youngster February 6, 2004: Timeline In The Abduction Of 11-Year-Old Carlie Brucia February 5, 2004: Suspect In Girl's Disappearance Was Accused Of Two Attacks