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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBeau 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/
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Full text of Biden's letter:
http://www.delawareonline.com/story/opinion/contributors/2014/04/03/beau-biden-du-pont-heir-case/7248713/
ForgoTheConsequence
(4,868 posts)..
whatchamacallit
(15,558 posts)LeftyMom
(49,212 posts)The victim was a preschooler.
cui bono
(19,926 posts)X_Digger
(18,585 posts)tularetom
(23,664 posts)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.
arcane1
(38,613 posts)Jackpine Radical
(45,274 posts)Chan790
(20,176 posts)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)Should we let all of them go?
Why does this defense only seems to work for very rich defendants?
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)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)If the other inmates don't like child rapists and decide to do something about it, that's not our problem.
sufrommich
(22,871 posts)Solly Mack
(90,762 posts)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)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.
WinkyDink
(51,311 posts)mike_c
(36,281 posts)Prosecution and sausage making have a lot in common, it seems.
WinkyDink
(51,311 posts)Recursion
(56,582 posts)He wouldn't have a criminal record.
Those are both differences.
giftedgirl77
(4,713 posts)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.
WinkyDink
(51,311 posts)giftedgirl77
(4,713 posts)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)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)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)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)fodder, but nothing else.
99Forever
(14,524 posts)Cuz only "rightwingers" care about 1%er baby rapers getting off with a slap on the wrist.
msanthrope
(37,549 posts)99Forever
(14,524 posts)jberryhill
(62,444 posts)It's clear to me he's reached his level of incompetence already.
giftedgirl77
(4,713 posts)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)Backpeddling and spin aren't going to cut it. Sorry. Biden is toast. He should have stayed out of it completely.
giftedgirl77
(4,713 posts)99Forever
(14,524 posts)... that whole reality thing is hard to live with.
treestar
(82,383 posts)in prison was pretty unwise.
giftedgirl77
(4,713 posts)judicial system. I'm pretty sure we haven't heard the end up this.
jberryhill
(62,444 posts)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)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.
leftstreet
(36,106 posts)Since when is rape, sex?
DefenseLawyer
(11,101 posts)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)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.
WinkyDink
(51,311 posts)woodsprite
(11,911 posts)"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. Hes a rich, white boy who is a wuss and a child perv. The prison cant protect them, and Jan Jurden knows that reality. She is right on."
WinkyDink
(51,311 posts)amused.
treestar
(82,383 posts)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)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 neednt stick around forever."
http://therakeonline.com/men-dressing-stylishly-rake-style/exploring-one-of-the-last-taboos-incest/
woodsprite
(11,911 posts)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)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)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)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)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)More "legal" doublespeak to excuse really shitty behavior.
Personally, I think W. Shakespeare was correct. Thanks for reinforcing my opinion.
DefenseLawyer
(11,101 posts)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)He was a member of the Dupont family. It makes it seem so clear they are bending over backward for him.
B2G
(9,766 posts)Shit like this makes me insane.
GeorgeGist
(25,319 posts)"Money=Freedom" -John Roberts, Chief Justice US Supreme Court.
deutsey
(20,166 posts)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)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)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)The job of AG is enough.
Marrah_G
(28,581 posts)WinkyDink
(51,311 posts)treestar
(82,383 posts)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)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)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)a factor in sentencing in a civilized society.
treestar
(82,383 posts)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)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)Nobody seems to care how well a poor defendant will fare.
Rex
(65,616 posts)I'm SURE it will be fair and balanced!
Rex
(65,616 posts)nt.
AverageJoe90
(10,745 posts)He is in complete denial of the facts, sadly.
DJ13
(23,671 posts)Scootaloo
(25,699 posts)Scootaloo
(25,699 posts)Than later on in his "career."
dsc
(52,158 posts)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.
WinkyDink
(51,311 posts)dsc
(52,158 posts)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)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)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".
LisaL
(44,973 posts)Affluenza and all.
Rex
(65,616 posts)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)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 .
WinkyDink
(51,311 posts)treestar
(82,383 posts)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)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)in a jury trial.
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.
Ex Lurker
(3,813 posts)The worst case scenario happened anyway.
Douglas Carpenter
(20,226 posts)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)Those are two outcomes that would not have happened with an acquittal.
msanthrope
(37,549 posts)sentence. Sometimes a prosecutor takes the long view.
LisaL
(44,973 posts)Didn't seem convincing to me.
Rex
(65,616 posts)Rich people live by different rules than you or I.
bobGandolf
(871 posts)you or I would be treated with the same concern as du Pont?
Paladin
(28,254 posts)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.
LisaL
(44,973 posts)nobody cares how well would you fare in prison.
Jesus Malverde
(10,274 posts)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/
WinkyDink
(51,311 posts)LisaL
(44,973 posts)cthulu2016
(10,960 posts)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.
WinkyDink
(51,311 posts)99Forever
(14,524 posts)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)on weak evidence.
treestar
(82,383 posts)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)What is taken to trial is another matter.
Marr
(20,317 posts)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.
Ichingcarpenter
(36,988 posts)let alone a dumbass one? Did he have to?
I would never vote for him now.
redqueen
(115,103 posts)No rape culture to see here, folks. Move along.
Rex
(65,616 posts)I saw that! WTF?! Last I checked he raped his kid!
bluestateguy
(44,173 posts)This case may very well find it's way into 30 second adbites, as his Willie Horton.
tazkcmo
(7,300 posts)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!