Judge in du Pont heir's child rape case threatened
Cris Barrish, The (Wilmington, Del.) News Journal
April 3, 2014
WILMINGTON, Del. — Superior Court Judge Jan Jurden's decision to order probation instead of prison for a du Pont family heir who raped his young daughter has led to threats against her and calls for her removal from the bench.
But allies in the legal community have rallied to her defense
Much of the outrage over Jurden's 2009 sentencing of Robert H. Richards IV for fourth-degree rape was over her notation that he would not "fare well'' in prison, a mitigating factor that she identified in her order.
Delaware prosecutors and defense attorneys have said it is unusual for a judge to list someone's fitness for prison as a mitigator in a sentencing order, even though it is often argued that a frail or sickly defendant might get abused or suffer unduly in prison.
Richards is the great-grandson of du Pont family patriarch Irenee du Pont and the son of Robert H. Richards III, a retired partner in the Richards Layton & Finger law firm.
His case gained publicity last month when his ex-wife, Tracy, filed a lawsuit seeking damages for the rape of his daughter when she was three years old, and also claimed he sexually abused his toddler son
Police investigated claims about the son in 2010, but they said no charges were filed. Authorities said they will investigate the allegations in the lawsuit.
The controversy surrounding Jurden erupted after a Sunday News Journal article about her sentence. She sentenced Richards to eight years in prison, but suspended the time behind bars for probation. Among other provisions, she ordered him to get sex offender's evaluation and treatment, and not to have contact with children under 16.
Attorney General Beau Biden's office, which had originally charged him with two counts of second-degree rape punishable by a minimum prison term of 20 years, had given Richards the plea deal to fourth-degree rape and recommended probation.
The story gained international attention, leading to at least three online petitions for Jurden's ouster.
Emily Logan, director of activism and retention for
www.Care2.com, said the site allows people across the globe to post petitions on a range of issues. One seeking Jurden's ouster has received more than 25,400 online signatures through Wednesday afternoon.
"It's pretty crazy. It's our hottest petition right now,'' said Logan, who added that her group supports the petition
"Sexual assault and child abuse is something people are very passionate about,'' Logan said. "This petition focuses on the fact that this was a du Pont heir and it's a sort of 'money talks' situation where they were like, 'Oh, he has a bunch of money and we'll let him sit in his house.' The initial outrage is that suspending the sentence and that treatment should come first rather than prison wasn't proper punishment.''
While some want Jurden off the bench, others have threatened her, leading the state to provide her with security, said Patricia W. Griffin, state court administrator. "It's an ongoing investigation. We are taking the threats seriously, and making sure the judge is secured,'' Griffin said
Jurden, who was appointed to a 12-year-term in 2001 and reappointed by Gov. Jack Markell last year, also applied to become a Supreme Court justice. Markell gave the seat to former Court of Chancery chief judge Leo E. Strine Jr. last month. Markell will have another appointment following the recent retirement announcement by Justice Jack Jacobs.
Some in Delaware's legal community rushed to Jurden's defense.
Bartholomew J. Dalton, former chief deputy attorney general and head of the sex crimes unit, reiterated a point others have made about the difficulty in proving child sex abuse cases involving relatives. Those cases can lead to plea bargains and probation for defendants, he said. Such deals don't make prosecutors happy, but can result in a felony conviction and listing the criminal on the state sex offenders registry, he said
"As someone who has prosecuted sexual abuse and continues to represent child sexual abuse victims, I can tell you there are few, if any, judges who I think would do as good a job as Jan Jurden on an everyday basis,'' Dalton said. "Now she's getting death threats because of her administration of justice when she was absolutely within sentencing guidelines and was following the recommendation of the the prosecutor. It's just incredibly unfair.''
Biden's office has not said why the deal was cut, and a redacted version of the court file does not offer details. But top aides to Biden have said it's extremely difficult to put a young child on the witness stand, where they would face cross-examination and further victimization. Biden's chief deputy, Ian McConnel, has said the prosecutor, Renee Hrivnak, should have sought prison time
Richards' attorney, Eguene J. Maurer Jr., said Wednesday the state had no physical evidence to corroborate the claims of the child, and offered a deal that did not include mandatory prison time. While he argued at sentencing that Richards should receive probation and inpatient treatment, Maurer said he was concerned that Jurden might send his client to prison.
"I can think of one case of vehicular homicide involving a young girl. I thought we were going to get three years and she gave nine years. She is tough on our side and tough on their side. She is intelligent, reasonable. You are not going to get a better judge.''
Former Superior Court Judge Peggy Ableman said prosecutors were likely hamstrung in the Richards case because the victim was so young . "A child is going to be absolutely the worst witness,'' Ableman said. "You have no idea what they are going to say or not say.''
Ableman said she did not know why Jurden noted the factor in her order that Richards would not "fare well'' in prison, but said her decision to sentence him to probation makes sense. While judges have the authority to levy sentences within statutory guidelines, they are urged to follow more lenient guidelines published by the Delaware Sentencing Accountability Commission, a group of judges and top state criminal justice officials.
For the crime of fourth-degree rape, the recommended sentence is zero to 30 months in prison
"If you are routinely not following what the state recommends, then the defense attorney cannot say to their client, 'I think you should take this deal because the judge will probably do what the state recommends.' If the judge is going to be a loose cannon, you are not going to get pleas.'
Regardless of Jurden's decision in the Richards' case, Ableman said she is a credit to the bench. "She doesn't deserve to be painted in such an awful way. She is a very caring person and she is very concerned about children and children's rights."
That's my my former Pawn Shop Unit detective and Bill Russell look-a-like
