Multimillionaire du Pont family heir was spared jail for raping his three-year-old daughter because judge decided he would ‘not fare well’ behind bars

Filed in National by on March 31, 2014

The headline above is from the UK’s Dail Mail

The News Journal’s own headline (Judge said du Pont heir ‘will not fare well’ in prison) also does a good job laying out the brutal facts of the case. The wealthy literally have a different set of rules. They have judges like Jurden and an entire criminal justice system devoted to keeping the screws on the middle and lower classes while ensuring that the well connected 1-per-centers don’t need to feel the slightest discomfort regardless of the egregiousness of their crimes.

If you have memories of the United States before it was completely taken over by depraved and dishonorable plutocrats, this story is madness inducing. If you still harbor some naive sense that our courts and governmental institutions are in place to ensure “liberty and justice for all” then hopefully this story has provided you with a long overdue wake up call.

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Jason330 is a deep cover double agent working for the GOP. Don't tell anybody.

Comments (57)

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  1. SussexWatcher says:

    Now I guess we kn

  2. SussexWatcher says:

    Now I guess we know one reason why Jurden didn’t get the Chief Justice’s job …

    What should next be examined are other child abuse cases she has handled. Is this her modus operandi, or a du Pont abberation?

  3. jason330 says:

    According to the NJ story, she has the reputation of being a tough applier of sentences. It appears toughness is only felt by those the judge feels will “fare well” in prison.

  4. anon says:

    I really don’t know anyone personally who would thrive in prison. Let’s just close them all down.

  5. puck says:

    Reminds me of the old joke about the overprotective mother who said when she dropped her child off at summer camp, “He’s very sensitive. If he misbehaves, just slap the kid next to him.”

  6. The article also shows the firewall his handlers are trying to build around Beau.

    Beau was not aware. Right. He’s aware of every poor schlub who views sick kiddie porn on their computer. Makes sure that their name and picture are emblazoned everywhere. It’s the only thing he stands for.

    But he wasn’t aware of a rape of a child perpetrated by a connected boil on the butt of society. And not a word leaked out about it.

    I don’t believe him/them. Not even a little bit. It was the judge’s fault. It was the prosecutor’s fault. But the guy in charge wasn’t even aware. And, this is the best they can do? If he wasn’t aware, is that supposed to exonerate him? I’m reaching the conclusion that this guy really is an empty suit with a last name that attracts lots of money.

    When will he emerge and talk about this and about his health? Or ANYTHING, for that matter? He is hiding, and they are enabling him to hide.

  7. fightingbluehen says:

    He copped a plea for the rape of his daughter, but not the son.
    Couldn’t he still be charged?

    My guess is that with all the heat that will be directed at the office of the attorney general, Richards IV may be on the fast track to Smyrna after all.

  8. puck says:

    “[Beau] Biden spokesman Jason Miller said the attorney general – who routinely hails the prosecution of child predators as a top priority for his office – did not know about the case.

    WTF??!!

  9. John Manifold says:

    The ad feminem against Jan Jurden has reached a fever, utterly unfair for a fine judge. I know Barrish has many friends here, but his story indicated that he hadn’t seen the pretrial report on which the judge premised her findings.

    Prison is a debasement of the human condition, and is not appropriate for many offenders. Rape is pandemic, and regrettably countenanced by many as an extra-legal form of punishment.

  10. Yes, rape is pandemic. So let the child rapist go free. The raping of a child is a debasement of the human condition. Performed by a debased individual over a dependent and powerless person.

    We’re not talking about an ‘extra-legal form of punishment’ here, we’re talking about letting a child rapist go free so he can rape again.

  11. Jason330 says:

    “The ad feminem against Jan Jurden has reached a fever, utterly unfair for a fine judge. I know Barrish has many friends here, but his story indicated that he hadn’t seen the pretrial report on which the judge premised her findings.”

    Jurden may be a fine and decent person, and kind to her puppies. Nevertheless, the whole system is rigged in favor of wealth. The prosecutor (Jennings) had been on the defense team:

    State Prosecutor Kathleen M. Jennings could not discuss the case, McConnel said, because she had represented Richards while he was on probation. Jennings, a former chief deputy attorney general, rejoined the office in November 2011 after about 15 years in private practice. She would not say when she represented Richards.

    WTF? No chance for hijinx there.

  12. SussexWatcher says:

    Pretrial reports are never public.

    Child molesters and rapists get sent to prison constantly. This is the first case many people are aware of where the pedophile’s needs were taken into consideration. That has raised certain questions. If you know of others, spill it. Personally, I think Jurden needs to explain herself.

    As to Beau’s knowledge, I believe he didn’t know. I don’t think he knows a lot about the details of the cases his staff handle.

  13. AQC says:

    Not knowing what information Judge Jurden had, I can’t guess why she made the decision she did. I can guess “he won’t fare well in prison” was probably taken out of context though. Regardless, I find it despicable that this man got off so much easier than any average citizen would have and I think the buck has to stop at Beau’s desk for that.

  14. Jason330 says:

    Anyway, fuck Jan Jurden. She’ll take some heat for a week or so and some poor ass black guy will end up in front of her bench and she can regain her toughness reputation.

  15. Jason330 says:

    Beau Biden – Guilty
    Kathleen M. Jennings – Guilty
    Jan Jurden – Guilty

    They all had a hand in this travesty.

  16. fightingbluehen says:

    “Rape is pandemic, and regrettably countenanced by many as an extra-legal form of punishment.”

    I agree. Sending someone to prison knowing that they will be raped, falls under the category of “cruel and unusual punishment”

    If the judge knew that the prison system couldn’t or wouldn’t protect Richards IV, that’s the one excuse I would probably except from Judge Jurden.

  17. Jason330 says:

    Why? The NJ story points out that public defenders frequently point out that prison will difficult for their clients. Do you know what they get? Prison.

    Although I’m not surprised FBH is here defending the 1%. I was wondering how the dupes and suckers who this the system works were going to react to this.

  18. Jason330 says:

    So here is the sentiment expressed by the Jurden’s defenders. If you are a rich white guy, prison is no good because prison isn’t supposed to be for punishment, but rehabilitation. If you are a poor non-white guy prison is great because it is supposed to be for punishment, not rehabilitation.

  19. fightingbluehen says:

    @Jason330— For the record, I think prison is for punishment, and I think Richards should go there. But to give the benefit of the doubt to the judge for arguments sake, I was conveying what excuse I would except from the judge.

    After all, in good conscience, and to be in accordance with the United States Constitution, and for that matter, the UN, under the Universal Declaration of Human Rights, which by the way, are all contrived from the Magna Carta, she could not send Richards IV to prison if she knew for a fact that he wouldn’t “fare well”( meaning get raped).

  20. Jason330 says:

    I’m sure that all makes perfect sense to you. That your compassion seems to be reserved for wealthy white criminals is the point that is most visible to me.

  21. pandora says:

    Wait… what? Are you, FBH, saying that prison rape (a huge problem, btw) is grounds for not sending someone to prison? If so, then no one would ever be sent to prison.

  22. puck says:

    If the state cannot protect its own prisoners, that is a serious constitutional problem. Excusing child rapists from prison isn’t a solution, but neither is accepting criminal prison abuse.

  23. Classiccom says:

    Another post May 7, 2013 Delaware horror story. What do you expect after throwing away the 6000 year old moral code. Special thanks to the Governor, Beau Biden , ex-Mayor Baker ,etc , etc. for promoting this moral climate.

  24. liberalgeek says:

    F this! FBH, this is no reason for letting someone walk. I agree that prison rape is terrible and that incarceration is generally debasing situation.

    But if we are going to put poor rapists, drug users and murderers in there, we should be putting the rich ones in, too. There is very little reason to think that his affluenza was contagious.

  25. Jason330 says:

    People quoted in the NJ article even say that there are ways to protect people in prison.

  26. fightingbluehen says:

    Let’s not put words in my mouth. I think rich white rapists should go to prison just like anybody else.

    I’m just saying that the whole “cruel and unusual punishment angle” is a theoretically justifiable defense for Judge Jurden’s ruling.
    What other excuse could she have that would be acceptable.

  27. Jason330 says:

    “I think rich white rapists should go to prison just like anybody else.”

    Except this one?

    That the criminal in question might not “fare well” in prison and would benefit from treatment more than prison is the rational Jurden gives for the sentence leniency.

  28. Steve Newton says:

    While Judge Jarden’s sentencing is outrageous, the only reason she had that option at all is the plea that Biden’s office accepted, which was for guilty to a lesser felony that had written right into it that you could get off on probation–no mandatory jail time.

    I place most of the onus on Biden and his office.

    Here’s the question (paraphrasing what Jesse Jackson once said about Ronald Reagan in 1988):

    If he didn’t know what’s going on in his office with a high-profile DuPont heir child rapist case, that’s bad.

    If he did know and chose to have his spokesperson lie about it to cover his butt, that’s worse.

    But what’s really indicative of Beau’s bad (medically compromised?) judgment is that I guarantee you that this morning he still believes this will blow over and in 2016 Democrats will nominate him and elect him as Delaware’s next governor because he figures we’ll all forget about it.

  29. Jason330 says:

    If that’s what he thinks (what his team thinks?) he (they?) have have badly miscalculated. This thing is as fucked up as the day is long.

  30. Steve Newton says:

    jason

    I suspect that Matt Denn is way too classy a guy to be happy that a child rapist got off.

    On the other hand, he’s now got to be thinking that “Governor Denn” sounds a hell of a lot more possible after yesterday.

  31. Jason330 says:

    I don’t know. I’m becoming convinced that Denn isn’t interested. I was thinking about Biden’s general election prospects. That it would still be an issue.

  32. fightingbluehen says:

    The statement that Richards IV “will not fare well” is probably a polite way to say that he is going to get the shit raped out of him in prison.

    Maybe in her heart she knew this, and knew that this particular criminal couldn’t actually be protected. She was just being true to the Constitutions and the whole “cruel and unusual punishment” thing. Even if it was just this one time.

    If the truth be known, I bet there are Judges out there that absolutely know that some of the people they convict will be raped in prison, and technically that would be a violation under the laws of our Constitution as well as that of the UN.

    I find it interesting that the same people who disagree with the “eye for an eye” justice of the death penalty, sometimes feel that it is justice when a raper gets raped in prison.

    It would seem that mine is the more liberal stance in this particular hypothetical defense of Judge Jurden.

  33. Jason330 says:

    In criticizing this special treatment for a wealthy and well connected criminal, nobody is defended prison rape.

  34. pandora says:

    No. This case isn’t about a “liberal” stance. It’s about unequal treatment under the law – those with money/connections get the “how would they fare?” question while those without those things get sent to jail. (BTW, you, FBH, would be one of the ones sent to jail, so stop kidding yourself into thinking you have something in common with this guy. You don’t) And it’s interesting how prison rape is suddenly such a (selective) concern of yours. I fully expect you to be leading the charge against prison rape for all inmates. Please let me know where i can sign up to help you in your advocacy. You have been working on this? No?

  35. Joanne Christian says:

    All I can say whether out of context or not is “how does guilty not fairing well in prison, mitigate innocent, not fairing well at home? Before the doors blew open??

    But I wasn’t there for all the instructions, reports, experts, drama, and cufflinks. It’s a different world when you are involved with the process. And as sickening as this is, no doubt judicial snags, Catch 22s, and interpretation were all leveraged.

    As much justice as you can afford…….really does scare me. Jan Jurden doesn’t. She is quality, and has proven it time and time again, but even she has to respond to the laws and arguments etc., presented. No doubt this decision probably sickened her too.

  36. Jason330 says:

    From a PR perspective, Jan Jurden probably wishes she could have “would not fare well” back. But how do you say that without saying, “This court does not send rich people to jail.”

    Which, let’s face it, is what the court basically said.

  37. fightingbluehen says:

    Yes Jason, I suppose you are correct, I meant to say some of the same people.

    So, now on to defend Beau Biden.

    Biden didn’t actually say he didn’t know anything about the case. His spokesperson said this, and as we all well know. People have the potential to misspeak.

    Of course he knew about the case I would assume. He’s not an idiot. He’s had a lot to deal with in recent years. with the stroke and all. He is also a member of the National Guard, and had to spend time away from his job in service to his country.

    Although I presume he knew about the case. He didn’t know the exact details and he considered the case was in the capable hands of his staff.

  38. Jason330 says:

    Q: Are f*cking kidding me?
    A: Yes. You are an inveterate Biden hater, so I know that you are just goading at this point.

    If you have a real point to make, just make it.

  39. Another Mike says:

    Add to your list of fails in this case Renee Hrivnak, the prosecutor who brokered this deal, and her boss, Allison Texter, who signed off on it.

    FBH, for argument’s sake, I’ll go with your “cruel and unusual punishment” theme. (For his daughter, however, the punishment may never end. And his son, if the ex-wife’s allegations are true.) Why would the judge not insist that there be other conditions, such as making sure his ex-wife and children are taken care of? According to the lawsuit, there are no provisions to provide for them after they turn 18, and they are living in a rented house in New Castle while he splits his time between 2 of the priciest zip codes in Delaware.

    Why should I care if Richards is assaulted in prison? When even hardened inmates find your crime to be beyond explanation, that says something.

    And come on, Joanne, you really don’t believe this decision sickened the judge, do you? She had the leeway to put him away and to reject the plea deal, and she did neither. She’s almost as culpable here as the lawyers who struck this deal.

  40. liberalgeek says:

    If I was in prison and had been raped (or feared being raped), I would be talking to my lawyer right about now to seek an appeal of my sentence on the grounds that this duPont heir and I “wouldn’t fare well” in prison.

    I wonder if some crafty defense lawyer is in the process of drawing up that argument under the auspices of the 14th Amendment’s equal protection clause.

  41. fightingbluehen says:

    Where did you get the idea that I hated the Bidens, Jason? I may not agree with some/most of their politics, but the Bidens are good people.

    As far as defending the Judge Jurdan decision….I guess I’m just trying to point out that her decision can be defended, and that she was probably within the parameters of the justice system.

  42. liberalgeek says:

    Here’s the sentencing guidelines:

    http://courts.delaware.gov/Superior/pdf/benchbook_2012.pdf

    Let’s see if we can find the where the judge found the wiggle room.

  43. fightingbluehen says:

    “Why should I care if Richards is assaulted in prison? When even hardened inmates find your crime to be beyond explanation, that says something.”

    You shouldn’t , and nobody does. That’s why it’s a good thing that we live in a civilized society that thought it wise to make laws that prohibited “cruel and unusual punishment”.
    I’m not so sure about the “unusual” part though, seeing that it’s pretty much common and accepted practice for criminals to be beaten and raped.

  44. Another Mike says:

    When Cape Henlopen football coach Thomas Ott was sentenced for abusing his own children, just a few years ago, the outcome was much different. Ott was given 25 years for pleading guilty to 1 count of 2nd-degree and 2 counts of 4th-degree rape, of which he will serve 17. At his sentencing, his wife said, “A man that I loved and trusted had an evil, sick, dark side. I want a message sent from this courtroom that childhood victims deserve justice.”

    From that courtroom, perhaps, but not from Judge Jurden’s.

  45. Jason330 says:

    His sentencing judge must have sense that Ott was well suited to the rigors of prison life.

  46. TMVol says:

    Fascinating stuff here. Just my opinion but prison should be viewed a deterrent to committing a crime of any kind. Sadly part of the going to prison is that the convict is most likely going to get raped but if anyone here is just now figuring out that this happens in prison pay heed to the newsflash going on here. Being raped in prison is part of the deterrent of going to prison. Don’t want to be raped in prison? Don’t kill, rob, or rape! It all falls under the old saying of “If you can’t do the time don’t do the crime”. We have all heard that since we were kids no matter what our ages.
    Richards should be in prison…for life…no possible parole with his estate going to his kids.
    Maybe other judges will see this mess being written about in the news and think better of taking pleas that allow anything other than prison no matter how wealthy or how they would fare.
    Best comment yet has been from Another Mike.

  47. Jason330 says:

    “Just my opinion but prison should be viewed a deterrent to committing a crime of any kind.”

    6 out of ten people who go to jail only go once, so the deterrent effect is working on them.

    “Sadly part of the going to prison is that the convict is most likely going to get raped”

    Is this really true, or is it out picture of prison gleaned from pop culture? I’d like to see someone who assumes that rape is a given actually back that up with a link.

  48. TMVol says:

    @ Jason330: “Is this really true, or is it out picture of prison gleaned from pop culture? I’d like to see someone who assumes that rape is a given actually back that up with a link.”
    If I cared enough I’d probably take the time to find a link but as I don’t plan on doing anything, past, present, or future, that causes me to have prison in my future I’ll just consider it a possible outcome of and be sure not to do anything that causes the possibility. Call it a deterrent of doing time if you will.
    I’ve also heard that prison food isn’t very tasty but needing proof isn’t necessary.
    Rumor has it the beds aren’t really nice either. I think that’s believable.
    Also understand the rooms are small and have no privacy. Don’t need proof.
    If you don’t think rape happens in prison…find us a link!
    I don’t need proof either way. Rumor alone is deterrent enough in my book of rules.

  49. John Manifold says:

    “The prevalence of this human rights violation is something we should all be ashamed of.”

    http://www.samefacts.com/2011/12/everything-else/rape-in-prison-isnt-funny/

  50. Jason330 says:

    TMVol. Good stuff. Be sure to tip your waitress. JM- that link doesn’t really get to weather or not it is real or imagined by people like TMv

  51. liberalgeek says:

    We should come up with a list of crimes that prison rape isn’t an acceptable form of punishment. Then anything not on that list should just be demoted to probation like duPont heirs.

    I was going to start with child rape, but that seems to be de facto off the table… anyone else? I’m blanking here.

  52. Dana says:

    OK, just how do you prevent rape in prison? Jerry Sandusky is (apparently) safe from prison rape, because they are — or at least were — keeping him in solitary confinement. That’s 23 hours a day, locked up by himself. To stop prison rape, we’d have to keep all prisoners in solitary, and no one wants to spend that kind of money.

    Or, you could just hang every convicted felon from an oak tree, immediately after conviction; then you wouldn’t need prisons at all, and there’d be no prison rape.

    It’s not exactly a news flash that the people in prison are all criminals, and many are violent criminals. They don’t care about our morality or ethics; if they did, they wouldn’t be criminals in the first place. In the prison world, the tough guys have to establish their dominance, and rape is one method used.

  53. Joanne Christian says:

    Well, this case has now made Reuters, HuffPo, NY Daily News, USA Today, etc., national talk shows, and friends texting me what’s going on??? Good work Del Lib.

    Oh–and this isn’t about prison rape.

  54. TMVol says:

    @ Jason330: I almost always tip 20% or better and even bad service gets 15%. I used to work in the industry for a living long ago…pay it forward a bit now. You?
    As it’s late and time allows here’s the link you may, or may not, appreciate. It’s a simple google of prison rape and guess who shows up on page 1 of the search…Richards! He’s a poster boy now.
    http://en.wikipedia.org/wiki/Prison_rape_in_the_United_States
    It’s got references and more. Imagine that Jason330. You may take the knothead approach and figure that if you don’t see or know it first hand it doesn’t exist but I can’t offer you any help with that issue. Now it’s to you to prove otherwise. Class is over now so tip the wait person/server well.

    @liberalgeek I’ve got nothing for you unless shoplifters go to prison. Drawing a blank here as well but I kind of like the deterrent for committing heinous crimes.

    And for Dana there are, on occasion, stories of innocents being convicted serving time.
    Ryan Ferguson of Columbia Missouri comes to mind. Yeah…it’s rare but he’s a great example.

  55. AQC says:

    Don’t let the issue of prison rape get you away from the real issue which is the favorable treatment to the wealthy, IMHO.

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