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PoliticAverse

(26,366 posts)
Fri Apr 4, 2014, 02:49 PM Apr 2014

Beau Biden defends handling of du Pont heir sex case

The child sexual abuse case against a du Pont family heir who raped his young daughter was weak, and prosecutors offered an appropriate plea bargain that spared him prison while convicting him of a felony sex crime, Attorney General Beau Biden said Thursday.

"This was not a strong case, and a loss at trial was a distinct possibility," Biden wrote in a letter submitted to The News Journal.

Biden also defended Superior Court Judge Jan Jurden, who noted in her sentencing order that the wealthy father "will not fare well" in prison. Biden said the judge "exercised sound discretion based solely on the merits of the case before her" and doesn't allow a defendant's "wealth or social status" to influence her decisions.

See the rest (Video + print story) at:
http://www.delawareonline.com/story/news/crime/2014/04/03/beau-biden-defends-handling-du-pont-heir-sex-case/7255629/

=====================================
Full text of Biden's letter:
http://www.delawareonline.com/story/opinion/contributors/2014/04/03/beau-biden-du-pont-heir-case/7248713/

114 replies = new reply since forum marked as read
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Beau Biden defends handling of du Pont heir sex case (Original Post) PoliticAverse Apr 2014 OP
Obscene. ForgoTheConsequence Apr 2014 #1
Another scion of empire craps his velvet pants whatchamacallit Apr 2014 #2
I know you didn't write the headline, but it's rape case, not sex case. LeftyMom Apr 2014 #3
Disgusting. How can he defend that sentence? n/t cui bono Apr 2014 #4
Bullshit. n/t X_Digger Apr 2014 #5
Sorry, there's no defense for that decision tularetom Apr 2014 #6
Did the judge explain why this one person would not fare as well as any other? arcane1 Apr 2014 #7
Because of his debilitating condition of Affluenza, no doubt. Jackpine Radical Apr 2014 #9
People who rape children tend to do very badly in prison compared to other inmates. Chan790 Apr 2014 #32
But of course they do not fare well. Even other inmates are disgusted by these crimes. LisaL Apr 2014 #36
No. Chan790 Apr 2014 #37
That kind of consideration should be given to ALL child molesters/rapists. Crunchy Frog Apr 2014 #86
That should not be any of the judge's concern bluestateguy Apr 2014 #102
Just yuck.Creepy ass explanation. sufrommich Apr 2014 #8
I want to know how she ruled in other rape cases. Solly Mack Apr 2014 #10
All I can add is that I worked directly for Beau Biden giftedgirl77 Apr 2014 #11
"the winnability" ought to have been tested. WinkyDink Apr 2014 #25
he might very likely have walked with no conviction whatsoever.... mike_c Apr 2014 #30
And the difference....? Oh, wait; the INTEGRITY of the judge and AG might still be extant. WinkyDink Apr 2014 #51
He wouldn't be barred from contacting the victim Recursion Apr 2014 #56
Sometimes one has to weigh the options. giftedgirl77 Apr 2014 #31
Please. Defending Biden is a non-starter. His national career is DEAD now. WinkyDink Apr 2014 #52
All I said was I knew him as a person & a prosecutor. giftedgirl77 Apr 2014 #55
"..not to mention Biden had nothing to do with this particular prosecution." 99Forever Apr 2014 #61
He didn't defend a rapist...he pointed out that two separate msanthrope Apr 2014 #66
Horsepucky. 99Forever Apr 2014 #71
The Delaware voters will send him to the Senate, if he chooses. And this will be rightwinger msanthrope Apr 2014 #75
Yeah right. 99Forever Apr 2014 #81
Only rightwingers would use it as a political point. nt msanthrope Apr 2014 #84
Yeah right. 99Forever Apr 2014 #87
I just would abstain from that race jberryhill Apr 2014 #96
No what he said was he wished the DA has pushed for giftedgirl77 Apr 2014 #83
Perception is everything in politics. 99Forever Apr 2014 #85
OK, you go with that. giftedgirl77 Apr 2014 #90
Yeah, I know... 99Forever Apr 2014 #91
This is true but that judge adding the language about his not faring well treestar Apr 2014 #63
That was just dumb as hell & has no place in the giftedgirl77 Apr 2014 #88
Great! Send him back to Iraq jberryhill Apr 2014 #95
How is the rape of a 3 year old a 'sex case'? Who writes this filth? Bluenorthwest Apr 2014 #12
+1 leftstreet Apr 2014 #77
It's really two separate issues. DefenseLawyer Apr 2014 #13
That is my opinion exboyfil Apr 2014 #15
"shaming"?? THE DUPONTS OWN DELAWARE. WinkyDink Apr 2014 #23
It's not just a duPont thing either. woodsprite Apr 2014 #40
So. The "reality" of prison makes it a no-go for a "rich, white boy." Robert Chambers must be WinkyDink Apr 2014 #47
The law firm end might be even more influential at this point treestar Apr 2014 #65
You think he is sullying his family's name? LisaL Apr 2014 #98
Nah, I've grown up in Newark, DE all my life, so I'm familiar with woodsprite Apr 2014 #109
A plea deal where the guy actually served some time would be one thing. Nye Bevan Apr 2014 #21
There is more to the criminal justice system than prison DefenseLawyer Apr 2014 #60
Nonsense. 99Forever Apr 2014 #103
As I said, these are separate issues. DefenseLawyer Apr 2014 #110
Seperate issues, my ass. 99Forever Apr 2014 #111
What a thoughtful response DefenseLawyer Apr 2014 #113
+1 that was the problem with it treestar Apr 2014 #64
How well did Pondscum's daughter fare? B2G Apr 2014 #14
Bullfuckingshit. GeorgeGist Apr 2014 #16
Those poor, poor wealthy people deutsey Apr 2014 #17
My head just exploded from cognitive dissonance WhiteTara Apr 2014 #18
Another major issue is how the AGs exboyfil Apr 2014 #19
Which may be as well - his last name shouldn't get him so much treestar Apr 2014 #70
My opinion of him just took a nose dive Marrah_G Apr 2014 #20
To paraphrase: "Open your mouth, and PROVE you're a fool." WinkyDink Apr 2014 #22
His office really is terrible treestar Apr 2014 #24
I agree - Beau sucks jberryhill Apr 2014 #92
Who gives a fuck how he fares in prison? When did THAT start becoming a factor!?!?! Rex Apr 2014 #26
Criminal defense attorney here! Yeah....how the person will fare in prison is msanthrope Apr 2014 #62
good point, that could be a legal factor stated somewhere treestar Apr 2014 #67
Yes....that's why the judge said that. She's giving a reason for her sentence. msanthrope Apr 2014 #74
Only seems to be a factor for rich defendants. LisaL Apr 2014 #93
No no no...they JUST decided to start! Rex Apr 2014 #105
Never heard of anyone worrying about that before, good to know we finally started. nt. Rex Apr 2014 #104
Beau Biden's a good guy but he TOTALLY dropped the ball on this one. AverageJoe90 Apr 2014 #27
And another bright Democratic future burns out prematurely DJ13 Apr 2014 #28
Good. Would rather know sooner than later Scootaloo Apr 2014 #29
.... 840high Apr 2014 #34
If he's a guy who will pen excuses for letting a baby-rapist walk, I would rather know now... Scootaloo Apr 2014 #41
It is easy to say go ahead and prosecut risking the loss dsc Apr 2014 #33
IT ISN'T A SENTENCE AT ALL. WinkyDink Apr 2014 #48
it keeps him away from the girl dsc Apr 2014 #82
It would be helpful to see comparable cases treestar Apr 2014 #72
If the case was that weak then the wealthy defendant would have fought it tooth and nail TheKentuckian Apr 2014 #99
Rich are treated differently from the rest of us. LisaL Apr 2014 #35
Yes there is a term for it now, those lucky rich bastards. Rex Apr 2014 #43
Question: did anyone "get" to the judge? cheyanne Apr 2014 #38
Did you read his family name???????? WinkyDink Apr 2014 #49
IMO she just "knew" what her options would be treestar Apr 2014 #73
My friend wrote this to Delaware Online, woodsprite Apr 2014 #39
The main point Mr. Biden is making it is that there was a very real possibility of losing the case Douglas Carpenter Apr 2014 #42
So he pled guilty and walked away essentially a free man Ex Lurker Apr 2014 #45
registered as a sex offender and under probational monitoring is more punitive than acquittal Douglas Carpenter Apr 2014 #53
No, he has a criminal record now, and can't see the victim Recursion Apr 2014 #57
No...ironically, he may end up serving more time in prison if he violates than the original msanthrope Apr 2014 #68
The same argument was used for drunk driving teen with affluenza. LisaL Apr 2014 #94
Doesn't have to be convincing...they are rich! Rex Apr 2014 #106
Does anyone honestly think.... bobGandolf Apr 2014 #44
Not a chance. Paladin Apr 2014 #58
As long as you don't suffer from affluenza, LisaL Apr 2014 #78
who would even touch that with a ten foot pole. Jesus Malverde Apr 2014 #46
P.S. Not only a baby rapist (multiple times); IT WAS ALSO INCEST. A FATHER TO HIS DAUGHTER. WinkyDink Apr 2014 #50
A three year old daughter. LisaL Apr 2014 #80
So it would be better if he raped babies he's not related to? cthulu2016 Apr 2014 #97
Dante noted that Hell had more than one circle. WinkyDink Apr 2014 #112
Thanks for the Bucket O'Fail Biden. 99Forever Apr 2014 #54
I have a very hard time believing a du Point family heir was charged with such a crime Marr Apr 2014 #59
Yes, there is that too treestar Apr 2014 #69
Then you do not understand the justice system. Flimsy, bullshit charges are filed all the time. msanthrope Apr 2014 #76
I suppose that's true. Marr Apr 2014 #89
Why did he make a statemnt Ichingcarpenter Apr 2014 #79
And once again the media refers to RAPE as "sex". redqueen Apr 2014 #100
They were probably told not to hurt the uber rich guys feelings. Rex Apr 2014 #107
If Bo Biden (name intentionally mispelled) wants to run for future office bluestateguy Apr 2014 #101
The judge was correct. tazkcmo Apr 2014 #108
Followup: du Pont heir didn't go to court-ordered clinic PoliticAverse Apr 2014 #114

tularetom

(23,664 posts)
6. Sorry, there's no defense for that decision
Fri Apr 4, 2014, 03:04 PM
Apr 2014

I don't think anybody would "fare well" in prison, so if that is the standard by which sentencing guidelines are applied, the prisons should be empty.

Great precedent for the lawyers defending the next perv on trial in Delaware.

 

Chan790

(20,176 posts)
32. People who rape children tend to do very badly in prison compared to other inmates.
Sat Apr 5, 2014, 10:03 PM
Apr 2014

I'm not certain that's a reasonable cause to not send him to prison however.

I think it merely merits finding means of incarceration that do not place him in a discriminatory disadvantage...like incarceration in a segregated unit away from Gen. Pop such as the Medium-High Housing Unit (MHU) at James T. Vaughn Correctional Center (JTVCC) in Smyrna, DE.

Sure, that assignment is typically used to hold prisoners that are being disciplined...but being forced to occupy a single-bed cell with 1 hour out-of-cell/day and restriction of possessions beats having your throat slashed in the Gen. Pop. showers.

LisaL

(44,973 posts)
36. But of course they do not fare well. Even other inmates are disgusted by these crimes.
Sat Apr 5, 2014, 10:59 PM
Apr 2014

Should we let all of them go?
Why does this defense only seems to work for very rich defendants?

 

Chan790

(20,176 posts)
37. No.
Sat Apr 5, 2014, 11:21 PM
Apr 2014
Should we let all of them go? In fact I suggested that the solution was to send him to the disciplinary block because the security is tighter.

Why does this defense only seems to work for very rich defendants? I have no idea, but it pisses me off.

Crunchy Frog

(26,579 posts)
86. That kind of consideration should be given to ALL child molesters/rapists.
Sun Apr 6, 2014, 10:33 AM
Apr 2014

As it is an issue that all of them face. There shouldn't be special consideration for some, just because they are extremely wealthy.

bluestateguy

(44,173 posts)
102. That should not be any of the judge's concern
Sun Apr 6, 2014, 12:52 PM
Apr 2014

If the other inmates don't like child rapists and decide to do something about it, that's not our problem.

Solly Mack

(90,762 posts)
10. I want to know how she ruled in other rape cases.
Fri Apr 4, 2014, 03:14 PM
Apr 2014

Cuz I ain't buying it.

the judge "exercised sound discretion based solely on the merits of the case before her" and doesn't allow a defendant's "wealth or social status" to influence her decisions.
 

giftedgirl77

(4,713 posts)
11. All I can add is that I worked directly for Beau Biden
Fri Apr 4, 2014, 03:16 PM
Apr 2014

as his paralegal when we were in Iraq in 2008. He is a very good prosecutor, with a good head on his shoulders.

It is also worth mentioning that apparently this guy's probation was part of a plea deal do to the winnabilty of the case at trial.

mike_c

(36,281 posts)
30. he might very likely have walked with no conviction whatsoever....
Sat Apr 5, 2014, 09:40 PM
Apr 2014

Prosecution and sausage making have a lot in common, it seems.

Recursion

(56,582 posts)
56. He wouldn't be barred from contacting the victim
Sun Apr 6, 2014, 09:10 AM
Apr 2014

He wouldn't have a criminal record.

Those are both differences.

 

giftedgirl77

(4,713 posts)
31. Sometimes one has to weigh the options.
Sat Apr 5, 2014, 09:48 PM
Apr 2014

Do you take the plea that guarantees a sex offender conviction that requires registry for the rest of his life or take the chance of full acquittal at trial? Yes, they should have pushed for minimum jail time instead of probation but that's the DA's lane not the AG & Biden states the same.

 

giftedgirl77

(4,713 posts)
55. All I said was I knew him as a person & a prosecutor.
Sun Apr 6, 2014, 09:01 AM
Apr 2014

Therefore, understand his mindswt when it comes to crimes like these.

Oh your right, crimes are completely black & white. We never plea them down to guarantee a certain conviction criteria, not to mention Biden had nothing to do with this particular prosecution. But keep stomping your feet & proclaiming shit you have no concept of.

99Forever

(14,524 posts)
61. "..not to mention Biden had nothing to do with this particular prosecution."
Sun Apr 6, 2014, 09:51 AM
Apr 2014

Until he opened his yap and defended the 1%er child rapist getting off with a slap on the wrist.

Quite frankly, I don't give a damn what Biden's excuse for this is, he's finished for me and I suspect almost everyone else.

 

msanthrope

(37,549 posts)
66. He didn't defend a rapist...he pointed out that two separate
Sun Apr 6, 2014, 10:01 AM
Apr 2014

components of the Justice system did their jobs, given the limitations of the case.

Oh....and he still has an excellent chance of getting into prison, and serving way, way more time than the original sentence.

99Forever

(14,524 posts)
71. Horsepucky.
Sun Apr 6, 2014, 10:07 AM
Apr 2014

He could have stayed out of it, instead he committed political suicide.

Believe whatever the heck you want. Stick a fork in him, he's done.

 

msanthrope

(37,549 posts)
75. The Delaware voters will send him to the Senate, if he chooses. And this will be rightwinger
Sun Apr 6, 2014, 10:13 AM
Apr 2014

fodder, but nothing else.

99Forever

(14,524 posts)
81. Yeah right.
Sun Apr 6, 2014, 10:28 AM
Apr 2014

Cuz only "rightwingers" care about 1%er baby rapers getting off with a slap on the wrist.

 

jberryhill

(62,444 posts)
96. I just would abstain from that race
Sun Apr 6, 2014, 11:23 AM
Apr 2014

It's clear to me he's reached his level of incompetence already.

 

giftedgirl77

(4,713 posts)
83. No what he said was he wished the DA has pushed for
Sun Apr 6, 2014, 10:30 AM
Apr 2014

jail time but it wasn't his decision to make nor his place to say why she (the DA) made the deal she did it. It would be very unprofessional for him to undermine the DA regarding a case he wasn't directly involved in.

A plea deal was agreed upon due to the nature of the case, while probation was definitely lenient they did guarantee sex offender status as part of the agreement. Would you have rather they had just rolled the dice & possibly gotten a full acquittal instead?

99Forever

(14,524 posts)
85. Perception is everything in politics.
Sun Apr 6, 2014, 10:33 AM
Apr 2014

Backpeddling and spin aren't going to cut it. Sorry. Biden is toast. He should have stayed out of it completely.

treestar

(82,383 posts)
63. This is true but that judge adding the language about his not faring well
Sun Apr 6, 2014, 09:55 AM
Apr 2014

in prison was pretty unwise.

 

giftedgirl77

(4,713 posts)
88. That was just dumb as hell & has no place in the
Sun Apr 6, 2014, 10:36 AM
Apr 2014

judicial system. I'm pretty sure we haven't heard the end up this.

 

jberryhill

(62,444 posts)
95. Great! Send him back to Iraq
Sun Apr 6, 2014, 11:21 AM
Apr 2014

I'm glad to hear he worked well there.

Meanwhile Wilmington has become the most dangerous city its size in the US; several obvious human trafficking organizations have taken up shop in DE; the pizza shops had better buy cheese from "the right people"; and I know we can't actually implement the MJ law our legislature passed because, uh, Dad.

Good to know he works well somewhere with someone, such as in Iraq with you - while he was collecting a paycheck from us to do other things. I enjoyed seeing Beau grow up in the Christmas cards that would decorate our hearth every year. I'm sure he's a great guy.

He'll have every kid in this state in diversion for "marijuana addiction" before long, since it is the only thing that seems to motivate him to get out of bed in the morning.

Talentless hack.

 

Bluenorthwest

(45,319 posts)
12. How is the rape of a 3 year old a 'sex case'? Who writes this filth?
Fri Apr 4, 2014, 03:17 PM
Apr 2014

I am disgusted that Biden is AG of an American State with this attitude, clearly a Silver Spoon Impunity advocate.
If anyone ever asks me to vote for any Biden again, they can just fuck off. Beyond reprehensible.

 

DefenseLawyer

(11,101 posts)
13. It's really two separate issues.
Fri Apr 4, 2014, 03:18 PM
Apr 2014

If, in fact, the case had problems, the prosecutor shouldn't get attacked for going for the sure conviction and not rolling the dice.
The judge, on the other hand, had better not sentence anyone else to prison ever again, as one would be hard pressed to find anyone, save a few career offenders, that "fair well" in prison.

exboyfil

(17,862 posts)
15. That is my opinion
Fri Apr 4, 2014, 03:26 PM
Apr 2014

Some of the information only came out because of the plea deal. That may have been the best the AG could get. Still the judge had discretion to hand a sentence of up to 2 1/2 years which she should have done. I wonder if they still have shot at another trial involving the son. It appears they have gathered more evidence since the trial for the daughter.

How could you ever show your face again in public with everyone knowing you raped your two children? Hopefully the shaming will serve as some punishment for the crime and a deterrence for others.

woodsprite

(11,911 posts)
40. It's not just a duPont thing either.
Sat Apr 5, 2014, 11:57 PM
Apr 2014

"His great-grandfather is du Pont family patriarch Irenee du Pont, and his father is Robert H. Richards III and was a named partner at the Richards Layton & Finger law firm."

Hurley leaves something to be desired as well "Defense lawyer Joseph A. Hurley insisted that the court got it right: “Sex offenders are the lowest of the low in prison. He’s a rich, white boy who is a wuss and a child perv. The prison can’t protect them, and Jan Jurden knows that reality. She is right on.”"

 

WinkyDink

(51,311 posts)
47. So. The "reality" of prison makes it a no-go for a "rich, white boy." Robert Chambers must be
Sun Apr 6, 2014, 06:06 AM
Apr 2014

amused.

treestar

(82,383 posts)
65. The law firm end might be even more influential at this point
Sun Apr 6, 2014, 09:59 AM
Apr 2014

The Duponts don't "own" Delaware any more. They aren't as big an employer as they once were. And even if you worked for them, you don't have to vote Republican.

LisaL

(44,973 posts)
98. You think he is sullying his family's name?
Sun Apr 6, 2014, 11:48 AM
Apr 2014

A little background info on the family:

"Take the du Ponts, the family who founded the multinational company specialising in science-based solutions to… pretty much everything (“agriculture, nutrition, electronics, communications, safety and protection, home and construction, transportation and apparel,” according to its website). As Pierre Samuel du Pont, patriarch of the American clan, pronounced, back in the 19th century, “The marriages that I should prefer for our colony would be between the cousins. In that way, we should be sure of honesty of soul and purity of blood.” He got his wish and then some, with seven inter-cousin marriages following over the next few decades. DuPont-the-company, incidentally, went on to invent Teflon, perhaps in an effort to prove that even the most unsavoury of impressions needn’t stick around forever."

http://therakeonline.com/men-dressing-stylishly-rake-style/exploring-one-of-the-last-taboos-incest/

woodsprite

(11,911 posts)
109. Nah, I've grown up in Newark, DE all my life, so I'm familiar with
Sun Apr 6, 2014, 02:52 PM
Apr 2014

the DuPont history (documented and not). My great aunt and uncle used to be maid/cook and butler/chauffeur to Peirre S. DuPont (hence the documented and non-documented history).

I meant that this guy had his bread buttered on both sides - old connected money AND more recent legal connections (kind of like Zimmerman) capable of manipulating and pulling strings, calling in favors.

Nye Bevan

(25,406 posts)
21. A plea deal where the guy actually served some time would be one thing.
Sat Apr 5, 2014, 09:19 PM
Apr 2014

But a plea deal where the guy gets no prison time at all? Going to trial and hoping for a conviction would have been better.

 

DefenseLawyer

(11,101 posts)
60. There is more to the criminal justice system than prison
Sun Apr 6, 2014, 09:44 AM
Apr 2014

Not on DU, I realize, where the longer the prison sentence for everyone the better. Your overwhelming need to put someone in prison is so great you actually think a prosecutor should spend the resources to go to trial and lose, allowing the defendant to go free, rather than securing a felony conviction (and I'm assuming a sex offender registry) on the slim chance that you could get prison time? Obviously it depends on how serious the problems are with the case, but if there is a good chance of acquittal at trial the smart move is to work out a plea and get the conviction.

99Forever

(14,524 posts)
103. Nonsense.
Sun Apr 6, 2014, 12:57 PM
Apr 2014

People here are outraged that an ADMITTED 1%er baby raper is getting treated with kid gloves, while MILLIONS of poor people, sentenced for far less heinous or even serious crimes, those that cause ZERO harm to others, let alone 3 year old children, are routinely send to prison for years or even decades.

 

DefenseLawyer

(11,101 posts)
110. As I said, these are separate issues.
Mon Apr 7, 2014, 11:56 AM
Apr 2014

People should be outraged by the judge, unless she routinely opts for probationary sentences in similar cases. That be said, this outrage would seem to have nothing to do with his or her statement, that he or she would rather a prosecutor lose a trial in hopes of a prison sentence than to secure a felony conviction with a plea that doesn't guarantee prison. It is the "prison or nothing" mindset that I disagree with.

99Forever

(14,524 posts)
111. Seperate issues, my ass.
Mon Apr 7, 2014, 06:57 PM
Apr 2014

More "legal" doublespeak to excuse really shitty behavior.

Personally, I think W. Shakespeare was correct. Thanks for reinforcing my opinion.

 

DefenseLawyer

(11,101 posts)
113. What a thoughtful response
Mon Apr 7, 2014, 10:59 PM
Apr 2014

Don't worry, the capacity for abstract thought isn't all it's cracked up to be. You're obviously doing great without it.

treestar

(82,383 posts)
64. +1 that was the problem with it
Sun Apr 6, 2014, 09:56 AM
Apr 2014

He was a member of the Dupont family. It makes it seem so clear they are bending over backward for him.

deutsey

(20,166 posts)
17. Those poor, poor wealthy people
Fri Apr 4, 2014, 03:32 PM
Apr 2014

What with the raging affluenza epidemic and all those mean-spirited commoners assassinating their noble characters and all...



Equal justice under law, my ass.

WhiteTara

(29,704 posts)
18. My head just exploded from cognitive dissonance
Fri Apr 4, 2014, 03:35 PM
Apr 2014

Biden also defended Superior Court Judge Jan Jurden, who noted in her sentencing order that the wealthy father "will not fare well" in prison. Biden said the judge "exercised sound discretion based solely on the merits of the case before her" and doesn't allow a defendant's "wealth or social status" to influence her decisions.

He just said the exact opposite in the same sentence. His wealth did and then didn't affect her decision.

exboyfil

(17,862 posts)
19. Another major issue is how the AGs
Fri Apr 4, 2014, 03:56 PM
Apr 2014

office slid this under the media radar. On the one hand you have to protect the privacy of the children, but on the other hand public attention does keep judges and prosecutors on their toes. The news media should kick themselves about letting this story get past them as well. The story could have been presented as straight child molestation and rape. The relationship of the victim to the father need not be revealed.

I think Biden's chances of higher office are pretty much gone. I am not even sure he can keep his current job. People hate rape. They really hate child rate. They absolutely detest a judicial system double standard.

treestar

(82,383 posts)
24. His office really is terrible
Sat Apr 5, 2014, 09:22 PM
Apr 2014

He has no idea what he is doing, thus his underlings don't either.

Nepotism is rife in Delaware. Jurden is with the in crowd and won't suffer. It's a little state where judges think they are the law.

You have not know somebody to get a job here. It's all about nepotism and who knows who.

 

jberryhill

(62,444 posts)
92. I agree - Beau sucks
Sun Apr 6, 2014, 11:12 AM
Apr 2014

I don't know about this case in particular, but I hope it draws more attention to the craptastic job his office is doing generally, and the skewed priorities they are pursuing.

 

Rex

(65,616 posts)
26. Who gives a fuck how he fares in prison? When did THAT start becoming a factor!?!?!
Sat Apr 5, 2014, 09:24 PM
Apr 2014

HOLEY SHITE! EVERYONE CHECK IT OUT! THEY CARE ABOUT HOW WE DO....ooooooooohhhhh...nevermind yeah because he is rich. Right. Got it. Should have seen that one coming a mile away!

 

msanthrope

(37,549 posts)
62. Criminal defense attorney here! Yeah....how the person will fare in prison is
Sun Apr 6, 2014, 09:54 AM
Apr 2014

a factor in sentencing in a civilized society.

treestar

(82,383 posts)
67. good point, that could be a legal factor stated somewhere
Sun Apr 6, 2014, 10:04 AM
Apr 2014

to make it fair enough as language used in the sentence. But then it would be interesting to see if it has ever been used in the favor of someone not so rich.

I recall thinking similarly on Michael Jackson - not a typical person and likely to be punished more in prison that prison is meant to punish.

 

msanthrope

(37,549 posts)
74. Yes....that's why the judge said that. She's giving a reason for her sentence.
Sun Apr 6, 2014, 10:11 AM
Apr 2014

There's still a good possibility that he will violate and serve. I've had clients avoid prison and do a punishing parole because of family issues, mental and physical health issues, etc.

LisaL

(44,973 posts)
93. Only seems to be a factor for rich defendants.
Sun Apr 6, 2014, 11:17 AM
Apr 2014

Nobody seems to care how well a poor defendant will fare.

 

AverageJoe90

(10,745 posts)
27. Beau Biden's a good guy but he TOTALLY dropped the ball on this one.
Sat Apr 5, 2014, 09:24 PM
Apr 2014

He is in complete denial of the facts, sadly.

 

Scootaloo

(25,699 posts)
41. If he's a guy who will pen excuses for letting a baby-rapist walk, I would rather know now...
Sun Apr 6, 2014, 12:05 AM
Apr 2014

Than later on in his "career."

dsc

(52,158 posts)
33. It is easy to say go ahead and prosecut risking the loss
Sat Apr 5, 2014, 10:27 PM
Apr 2014

but as lenient as the sentence is it apparently keeps him and the victim apart forever something that wouldn't have been possible with an acquittal. I think that alone was worth taking the plea given that this case was apparently so weak. That doesn't excuse him not getting at least some of the jail time he could have gotten.

dsc

(52,158 posts)
82. it keeps him away from the girl
Sun Apr 6, 2014, 10:29 AM
Apr 2014

which means she isn't raped anymore. he is listed as a sex offender which would help keep him from other kids. I think those matter, neither would have happened with an acquittal. I agree the sentence is not close to enough but he is under supervision which matters.

treestar

(82,383 posts)
72. It would be helpful to see comparable cases
Sun Apr 6, 2014, 10:09 AM
Apr 2014

Similarly "weak" evidence, but a defendant from a lower socio-economic class.

The AG office usually doesn't consider their evidence "weak" when they charge someone.

It actually leaves open the idea they at least did this to get him into treatment, and on the registry, as it's probably in the old days they simply would not have charged him.

TheKentuckian

(25,023 posts)
99. If the case was that weak then the wealthy defendant would have fought it tooth and nail
Sun Apr 6, 2014, 11:57 AM
Apr 2014

and likewise would have avoided prison.

Highest probability? Child molestation case of the usual strength or better to even get an indictment of a "stakeholder".

 

Rex

(65,616 posts)
43. Yes there is a term for it now, those lucky rich bastards.
Sun Apr 6, 2014, 12:50 AM
Apr 2014

Am I to understand they couldn't have sent him to a federal golf course somewhere to serve out 20 years? Meh, there was a time when that was good enough. Who bought out the standards office I wonder?

cheyanne

(733 posts)
38. Question: did anyone "get" to the judge?
Sat Apr 5, 2014, 11:36 PM
Apr 2014

Or is state so corrupt that she just knew what her options were? She must have known that she would be publicly reviled for sparing the defendant from prison time, and yet the only reason she could come up with was "would not fare well".

I guess her job, her future jobs, her family's career prospects were all on the line .

treestar

(82,383 posts)
73. IMO she just "knew" what her options would be
Sun Apr 6, 2014, 10:11 AM
Apr 2014

How she got her job, and who she knew to get it, could be involved. They appoint judges, so it's not like anyone outside the club has a chance. That would involve every job/firm she ever worked for. As part of the in crowd, the connections are all going to be there.

It would be interesting to see what firms she worked for before.

woodsprite

(11,911 posts)
39. My friend wrote this to Delaware Online,
Sat Apr 5, 2014, 11:48 PM
Apr 2014

Don't know if it will ever see the light of day, but he said I could share. FWIW, he is a soldier, served a few tours in the Middle East (as well as his wife), good singer, would do anything (well, almost) for you, he is one of the TP supporters, but you know -- stuck clock, correct twice a day -- and despite our political differences -- we're still friends.

-------
Mr. Attorney General,

Your response to, and Judge Jurden's sentencing in the DuPont Heir case is, in the eyes of many, unsatisfactory for many reasons. Your self-penned article in the News Journal, dated 4/4/14 on delawareonline.com, is insufficient in explaining what I consider a blatant miscarriage of justice.

First, you wrote that a child's memory fades with time. Not those kinds of memories, sir - I am a living testament to that fact. Memories are engrained and remain like scars. They can be dealt with, but do not go away. Ever. Your statement would suggest either a lack of knowledge, or a high level of callousness, in this area.

Second, you stated that medical evidence of abuse can be presented to support sexual abuse, but never stated whether medical evidence was submitted. Medical proof, sir, is easier to find in a female victim - it's called a Hymen; a membrane that partially closes the opening of the vagina and whose presence is traditionally taken to be a mark of virginity. Was that evidence ever submitted, and if violation of that membrane was discovered and the father was NOT the perpetrator, then was the actual perpetrator pursued?

Third, Judge Jurden sentenced the defendant to probation for raping his daughter. This sentence, if my knowledge is correct, can only be given if an admission of guilt or Nolle Contendre has been entered. I detect 'Affluenza' in this case - either that, or a payoff. Justice needs to remain blind - financially and otherwise. Any real man would defend himself vigorously if innocent - especially an innocent father whose daughter has been raped. There are programs at Nemours hospital that put children in an environment where they gradually open up about what has happened to them, and I would encourage that it be done in this case.

The Judge stated that she did not wish to put the defendant in prison because - and I quote, "will not fare well in prison." Sir, not putting a rapist in prison because he will be targeted by other inmates is like telling us you shouldn't imprison a thief because others might steal his belongings. Your article in the News Journal does not address these important factors, and I am innately dissatisfied with your reasons stated in the article.

In addition to posting this letter on your site, I am also widely circulating in order to bring wider attention to what many perceive as a travesty of justice.

I shall look forward to your clarification of this matter, and hope you, as Attorney General, will voraciously pursue real justice.

Sincerely,

Douglas Carpenter

(20,226 posts)
42. The main point Mr. Biden is making it is that there was a very real possibility of losing the case
Sun Apr 6, 2014, 12:30 AM
Apr 2014

in a jury trial.

This was not a strong case, and a loss at trial was a distinct possibility. The only eyewitness to the crime was the four year old victim. There was no medical or forensic evidence of any kind. The defendant did not make a statement to the police, although he made an ambiguous apology to the victim's mother. A conviction would have required twelve jurors to find unanimously, beyond a reasonable doubt, that the crime had occurred.

http://www.delawareonline.com/story/opinion/contributors/2014/04/03/beau-biden-du-pont-heir-case/7248713/



I believe Mr. Biden is suggesting that the Judge accepted a plea bargain arrangement rather than taking the risk of losing the case all together and seeing the accused found not guilty and thus acquitted by a jury.

Douglas Carpenter

(20,226 posts)
53. registered as a sex offender and under probational monitoring is more punitive than acquittal
Sun Apr 6, 2014, 06:45 AM
Apr 2014

I think the judge's comments about, "he will not do well in prison" gives the impression that she thought a "gentleman" (a person of wealth and privilege) deserves special consideration. Still if a prosecutor has to chose between seeing someone closely monitored and also registered as a sex offender versus perhaps a 50% chance or greater of them being "exonerated" in the eyes of the law - I can see why the prosecutor choose a sure thing over a probable "exoneration."

Recursion

(56,582 posts)
57. No, he has a criminal record now, and can't see the victim
Sun Apr 6, 2014, 09:11 AM
Apr 2014

Those are two outcomes that would not have happened with an acquittal.

 

msanthrope

(37,549 posts)
68. No...ironically, he may end up serving more time in prison if he violates than the original
Sun Apr 6, 2014, 10:05 AM
Apr 2014

sentence. Sometimes a prosecutor takes the long view.

 

Rex

(65,616 posts)
106. Doesn't have to be convincing...they are rich!
Sun Apr 6, 2014, 02:18 PM
Apr 2014

Rich people live by different rules than you or I.

Paladin

(28,254 posts)
58. Not a chance.
Sun Apr 6, 2014, 09:15 AM
Apr 2014

There's no longer even a pretense that there's a devotion to equality in this country, whether it involves criminal sentencing or how much money can be stuffed into politicians' pockets.

Jesus Malverde

(10,274 posts)
46. who would even touch that with a ten foot pole.
Sun Apr 6, 2014, 05:54 AM
Apr 2014

We're talking about a child rapist who got probation.

The Judge and anyone defending her are disgusting.

Superior Court Judge Jan Jurden is a disgrace




Fire Judge Jurden for Letting Child Rapist Avoid Prison!
This petition is to get the Delaware Supreme Court to fire Judge Jan Jurden for letting a confessed CHILD RAPIST Robert H. Richards IV avoid prison. She instead sentenced him to eight years in prison but suspended the sentence in lieu of probation.

She cited that he would have too hard a time in prison. Boo hoo. This heir of the DuPont family admitted to raping his own THREE-YEAR-OLD daughter. Let Delaware know that we don't condone two justice systems--one for rich child rapists and one for the rest of us. FIRE HER.

http://www.thepetitionsite.com/873/572/063/fire-judge-jan-jurden/

cthulu2016

(10,960 posts)
97. So it would be better if he raped babies he's not related to?
Sun Apr 6, 2014, 11:31 AM
Apr 2014

This distinction seems meaningful to you, assuming your caps lock isn't jammed.

But it makes no moral sense.

If not being related to the baby would not be a mitigating circumstance (one hopes you ar not arguing that it would be) then being related is not an aggravating circumstance.

99Forever

(14,524 posts)
54. Thanks for the Bucket O'Fail Biden.
Sun Apr 6, 2014, 08:24 AM
Apr 2014

I suggest you stay the fuck off the national political scene.

Congrats, you just killed your future to kiss the ring of a rich pervert.

 

Marr

(20,317 posts)
59. I have a very hard time believing a du Point family heir was charged with such a crime
Sun Apr 6, 2014, 09:38 AM
Apr 2014

on weak evidence.

treestar

(82,383 posts)
69. Yes, there is that too
Sun Apr 6, 2014, 10:05 AM
Apr 2014

If the case was all that weak, the Delaware apparatus would simply not charge him. At least this sentence gets him into programs and he's probably required to have treatment, and he is a registered sex offender. That by itself could be a miracle.

 

msanthrope

(37,549 posts)
76. Then you do not understand the justice system. Flimsy, bullshit charges are filed all the time.
Sun Apr 6, 2014, 10:16 AM
Apr 2014

What is taken to trial is another matter.

 

Marr

(20,317 posts)
89. I suppose that's true.
Sun Apr 6, 2014, 10:51 AM
Apr 2014

After reading a bit more, I suppose it may well be just as described.

It'd be unfortunate for Biden's political career to be ended for because of a rational legal call. Though something tells me right-wingers would be hesitant to cite this particular case during a campaign, since would mean putting one of their sanctified Job Creators in a very unflattering light.

 

Rex

(65,616 posts)
107. They were probably told not to hurt the uber rich guys feelings.
Sun Apr 6, 2014, 02:24 PM
Apr 2014

I saw that! WTF?! Last I checked he raped his kid!

bluestateguy

(44,173 posts)
101. If Bo Biden (name intentionally mispelled) wants to run for future office
Sun Apr 6, 2014, 12:49 PM
Apr 2014

This case may very well find it's way into 30 second adbites, as his Willie Horton.

tazkcmo

(7,300 posts)
108. The judge was correct.
Sun Apr 6, 2014, 02:44 PM
Apr 2014

Rich folk won't fare well in prison since they are more classy and refined than us non-wealthy folks. They don't have the experience of living like caged animals or the benefit of lousy education or economic deprivation that allows the commoner to flourish in prison just as we wouldn't know how to behave in a proper manner at a country club or $10k a plate fund raisers or cruising about on a luxury yacht. Heck, I don't even know the proper way to eat caviar!

You folks have no compassion for the uber wealthy! For shame!

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