Judge Jan Jurden’s sentencing of wealthy DuPont heir Robert H. Richards IV to eight years probation in 2009 for raping his daughter has sparked fierce backlash, including published reports of death threats.
Much of the backlash centered on Jurden writing Richards wouldn’t “fare well” in prison on her sentencing sheet, but newly released court documents show that comment originated elsewhere.
In a transcript circulated Monday, Richards’ lawyer Eugene Maurer used those infamous words “he would not fare well” in his presentation to Jurden prior to final sentencing. Richards had pleaded guilty to a fourth-degree rape charge.
The transcript corroborates a Delaware Bar Association op-ed in the April 2nd News Journal that argued Jurden wrote those words on the sentencing sheet in a section that’s commonly used to note possible mitigating factors.
A News Journal headline and accompanying story specifically linked those comments to Jurden, who’s been surrounded by security personnel due to threats since the article ran.
In a separate op-ed for the News Journal, Attorney General Beau Biden said "this was not a strong case" that the state had due to lack of physical evidence and that losing the trial was a "distinct possibility."
In the sentencing transcript, the prosecuting attorney, Dep. Attorney General Renee Hrivnak, explained why they offered a plea deal that called for probation and treatment.
"This defendant is 42 years of age. Even if the court were to give him the maximum sentence on the charge of Rape in the Fourth Degree, he would be coming out of prison. So, there would be a point in time where he's going to have to be a productive citizen," Hrivnak told Jurden.
Jurden accepted the plea, but with reservations according to the transcript.
"I have concerns about this, because arguably you should be in Level V for what you did, and I hope you understand the gravity of what you did," said Jurden.
Maurer agrees with the Bar Association’s column, saying it was an appropriate sentence, considering Richards was ordered to undergo strict treatment and could not contact any child 16 years of age or under.
“The only mistake that Judge Jurden made was, unfortunately, using my language at the bottom of her sentencing order,' said Mauer. "So, in retrospect, I should take the blame for that.”
Maurer and many in the legal community are rallying around Jurden, saying the story didn’t give the situation a nuanced treatment.
“My main problem with the News Journal article is that it presented a one-sided story having already reached a conclusion as to how the story should be presented,” said Mauer.
After sentencing, Richards was to undergo treatment at a Massachusetts hospital, but the court didn’t find it secure enough. He then completed treatment in Delaware.
Richards still faces a civil suit filed last month by his former wife alleging that he also abused his son.