A violent crime altered judicial candidate’s life

BROOKSVILLE –
He has a track record of keeping people together in the midst of marital strife.

He’s handled those affected by crime with delicacy and dignity.

That is what John Napolitano conveyed in his application for nomination to the 5th Judicial Circuit Court.

His own life was abruptly upended following a domestic-related murder 13 months ago.

Napolitano’s sister, Sarah Blackburn, was killed in her Weeki Wachee-area home by her husband, Dr. Robert Blackburn, the morning of Jan. 10, 2010.

After he beat and shot the mother of his two children, Dr. Blackburn turned the gun on himself.

Napolitano was a long-time Sarasota attorney. After his sister’s murder, he moved his practice to Weeki Wachee to be closer to his family.

That information also was included in the application, but never brought up during his interview, according to several people with knowledge of the situation.

Napolitano wants to be a judge. He came close last year and he’s trying again. He’s among six attorneys currently in the running to replace retiring Hernando County Circuit Judge Stephen O. Rushing.

Napolitano said his practice is largely made up of those affected by domestic anguish and criminal matters.

“I am most proud that the focus of my practice was more on helping the person than helping only with the issue presented,” he wrote in his application. “My goal was always to counsel clients in a way that would affect and benefit their lives long term.”

If selected to replace Rushing – and if the chief judge assigns him the Hernando felony docket – he will no longer get paid for counseling and representing those impacted by familial unrest. Instead, he could be doling out punishment to the criminal culprits in domestic cases.

Napolitano was chosen to be a finalist by the nine-person Judicial Nominating Commission.

Two of the commission members said they weren’t present during Napolitano’s interview last fall. None of those who agreed to be interviewed thought his sister’s tragedy would affect his ability to remain impartial while on the bench.

“I feel he would be able to carry out his judicial responsibilities if he is selected,” said Brooksville attorney George Angeliadis, who was on the nominating commission. “All of us have certain life experiences … a prejudice because of something.”

Relocating his life

Napolitano has never returned a call to Hernando Today requesting an interview.

In September 2010, he was a finalist for another judicial vacancy in the 5th Judicial Circuit. He was a runner-up to replace Judge Jack Springstead.

Then-Gov. Charlie Crist selected Lake County attorney Heidi Davis.

Less than three months later, Rushing announced his intentions to retire due to health concerns. Napolitano applied again.

Those elected – or selected by the governor – to judgeships often are repeat finalists.

Napolitano isn’t the only one who has been there before. Most of the others have been in the running for previous appointments. The third finalist who was vying for Springstead’s seat last year, Spring Hill attorney Stephen Toner Jr., also is on the six-member list to replace Rushing.

The other candidates are Marion County prosecutor Anthony Tatti, Citrus County prosecutor Lisa Herndon, Spring Hill attorney Thomas Eineman and Hernando County Assistant County Attorney Jeff Kirk.

From August 1995 until March of this year, Napolitano worked mostly out of Sarasota.

In April, he moved everything – including his family and his business – to Weeki Wachee.

“I have recently relocated … to assist my family after the murder of my sister at the hands of her husband who then took his own life,” Napolitano wrote in his application. “This life altering event took place on January 10, 2010 here in Hernando County. My parents, who are 73 and 68 years old have the new responsibility of taking care of their grandchildren full time. Being closer to family at a time such as this was essential.”

Meredith Kirste, the chairwoman of the nominating commission who twice chose Napolitano as a finalist, said he had told her during a private conversation about his sister’s murder.

She said it was never an issue.

“The commission felt he had the qualifications necessary to make a good judge,” she said.

Angeliadis agreed.

“It was not a big part of his interview,” he said. “It didn’t appear to me anyone was concerned about it.”

Angeliadis said Napolitano couldn’t be disqualified any sooner than Tatti or Herndon, both of whom have been long-time prosecutors in the 5th Judicial Circuit.

“Are they going to be fair to criminal defendants? You have to look at that. Obviously, we felt they could be,” Angeliadis said. “All of them have the capability to set aside personal feelings and judge cases on their merits and follow the law.”

The candidates are expected to meet with Gov. Rick Scott’s general counsel.

Interviews have not yet been scheduled. A selection will be made by April 2, according to a Scott spokeswoman.

A message left with the governor’s legal office was not returned.

The fairness question

Since he was first sworn in 22 years ago, Napolitano has approached his Florida Bar membership as though it were a civil duty. He’s wanted to help people.

“I have always viewed my responsibilities as an attorney to respect the courts of justice, maintain meritorious causes with truth and honor and serve others who were in need,” Napolitano wrote in his application.

He’s looking to serve the court in a different capacity – one where he can’t advocate.

Hernando County Clerk of the Circuit Court Karen Nicolai, who was on the nominating commission, said Napolitano has the right qualifications to be a judge.

Nicolai and the others didn’t inquire about whether he could preside over domestic or murder cases without passion or prejudice.

“That wasn’t discussed,” she said. “We did not ask him that.”

Nicolai doesn’t have any doubts.

“As with all the other candidates, I think he would have the right demeanor as a judge,” she said. “I think he could handle it.”

Assistant State Attorney Pete Magrino, who prosecutes most of the homicide cases in the 5th Judicial Circuit, said it is difficult to disqualify someone based on circumstances they were unable to control.

“We have faith in the people who are on the bench and their abilities to be impartial,” he said. “I guess one could argue that if he was so personally involved or affected he wouldn’t be able to handle certain cases … Someone could make that argument, but I wouldn’t make it.”

Laurence Miller is a clinical and forensic psychologist out of Boca Raton. He is a psychologist for the West Palm Beach Police Department and a mental health advisor for the Florida Highway Patrol.

He said it should be expected that Napolitano would recover from any trauma associated with his sister’s murder because 80 to 90 percent of trauma victims return to normal aside from the occasional “shudder” or “twinge” years later.

Nonetheless, Miller thinks there are obvious ironies about Napolitano being a two-time candidate for a judgeship.

If he were a prospective juror in a felony murder case, chances are he would be deselected immediately based on his recent circumstances, he said.

“Just as it might be difficult for a psychotherapist who was herself a crime victim to objectively treat other crime victims, so might it be with a judge with a murdered family victim to objectively preside over such a case,” said Miller. “(It’s) not necessarily impossible but more difficult.

“Even in the case of a psychotherapist, her own personal experience might increase her empathy for the victim and, as long as this did not cloud her professional judgment, this sense of personal connection and insight might make her even more effective as a treating clinician,” he continued. “But judges are not supposed to have empathy. They’re supposed to have objectivity. What might be an asset in the therapeutic consulting room might be a liability in the courtroom.”

Angeliades said if Napolitano is selected by the governor to be the next circuit judge in Hernando, he would be one of seven. Some preside over criminal cases while others handle civil cases or matters involving family law.

It’s up to the Chief Judge Daniel Merritt Sr. to make the assignments. It’s possible the new judge wouldn’t be involved with the criminal docket.

Angeliades reemphasized he has no concerns about Napolitano’s possible appointment.

“We’re all human, but at the end of the day when you put the robe on and sit on the bench, you have to put it all aside,” he said. “I’m confident all six applicants will be able to act fairly and impartially regardless of their life experiences.”

Reporter Tony Holt can be reached at 352-544-5283 or [email protected].