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Do We Actually Have The Best System Money Can Buy?
DUI Manslaughter
The following case documents were posted on this website as an example of how “the system” doesn’t always work. “Haley’s Rights” filed a complaint with the Florida Judicial Qualifications Commission (JQC) in following DUI Manslaughter case which can be viewed by clicking on the link in the middle of this page. The Florida JQC did not accept our complaint. Please note that complaints against judges can be filed by any individual with the JQC.
October 2, 2003 – According to a published report in the Palm Beach Post today, an agreement was reached between the Palm Beach County State Attorney’s Office (PBC SAO) and an attorney for the defendant. In the plea deal, the defendant would plead guilty to DUI Manslaughter for the death of a baby girl and receive 5 years in prison followed by 15 years probation. Throughout the proceedings, the victims’ family sought for more prison time from the prosecutor. The night before last week’s hearing, the defendant’s family offered the victims’ family $100,000.00. On the day of the hearing, the victims’ family now asked Judge Rapp to have leniency on the defendant. Judge Stephen A. Rapp agreed to the new terms conditioned on the defendant paying the victims’ family $100,000.00 within 2 months.
October 2, 2003 – “Haley’s Rights” sends a letter to Judge Stephen A. Rapp HTML or (view in pdf format)
December 12, 2003 – (Sentencing Hearing) Although the plea agreement called for 5 years in prison when the score sheet indicated 15 years in prison, Judge Stephen A. Rapp sentenced the defendant to only 2 years in prison. ASA Elizabeth Parker stated at the beginning of the hearing that the $100,000.00 given to the victims’ family was in essence a bride or a payoff, but Judge Rapp claimed it was restitution. The plea agreement filed prior to this hearing, clearly states the restitution was $5,000.00. The prosecutor also apprised Judge Rapp that the defendant spoke on a talk radio show a week prior to this hearing telling the public that the crash and death of the baby girl wasn’t his fault.
January 7, 2004 – “Haley’s Rights” orders the transcript from the October 1, 2003 and December 12, 2003 hearings for review.
February 25, 2004 – “Haley’s Rights” receives transcript for review.
March 26, 2004 - Letter to Governor Jeb Bush regarding our complaint to the JQC (pdf format)
April 6, 2004 – Response from Florida Judicial Qualifications Commission (pdf format)
April 8, 2004 – Personal response from Florida Governor Jeb Bush (pdf format)
April 9, 2004 – According to the response we received from Governor Jeb Bush, he confirms that all complaints on judicial misconduct are handled by the JQC. The JQC did not accept our complaint, citing that complaints about sentencing are heard in appeals court. This complaint was not about the sentencing. It was in reference to the judge’s conduct and therefore should have been accepted, in our opinion. I spoke with the executive director of the JQC today in order reiterate that our complaint was about the judge’s conduct and not the sentencing. The executive director then stated to me that the JQC only handles complaints on the conduct of a judge “out of the courtroom”, not in the court. That response is utter nonsense.
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