Judge nagged by worries about his safety

A judge who filed stalking charges is concerned about himself and his family when the man gets out of jail soon.

By WILLIAM R. LEVESQUE

© St. Petersburg Times, published August 5, 2000

LARGO -- Mark Shames said he wondered at times whether it was all worth it, whether his beloved job as a Pinellas circuit judge was worth a family's torment.

In the last year, his wife feared even walking to the mailbox.

The judge installed a security system at his home and viewed strangers differently. If someone asked a seemingly innocent question about his children, Shames found himself filled with anxiety.

"But we weren't going to live in fear," Shames said Friday, saying his thoughts about quitting as a judge ere only fleeting. "Life has to go on."

The one man Shames blames for filling his family's life with fear is getting out of jail soon.

Late Thursday, a jury acquitted William E. Rau of felony and misdemeanor charges that he stalked the judge. Jurors found Rau guilty of a misdemeanor for violating a court injunction ordering him to stay away from Shames.

Rau was sentenced to 364 days in jail. Rau, jailed six months awaiting trial, may be out in a few more months with time already served and time off for good behavior, his lawyers say.

Rau, 49, of Bradenton, also was acquitted of felony charges of stalking three mental-health professionals connected to a child-custody case he lost to his ex-wife in October 1998.

In that case, Shames ordered that Rau, accused of molesting his two young sons, not have visitation with them.

Rau, never charged criminally with the alleged molestation, testified the order made him hate Shames.

Shames watched the jury return its verdict late Thursday from a television monitor in his office.

"I was certainly disappointed," Shames said. "But I certainly, of all people, have a respect for the legal system and I accept and respect the jury's verdict without question."

What comes after Rau's eventual release from jail is what frightens Shames and his wife, Barbara.

The Shames say Rau harassed them with a series of letters, often laced with vulgarity. Rau often sat in the judge's courtroom, glaring at him, Shames said.

On Christmas Eve 1999, Rau placed presents on Shames' lawn, attaching a note to one saying that he wanted Shames to deliver them to Rau's children.

Prosecutors say Rau tried to obtain an untraceable gun. And at trial, Rau admitted telling a detective, "If I had a gun, I would love to blow (Shames') f---ing brains out!" He said he didn't mean it.

Rau promised after the verdict that he would leave Shames and his family alone.

But Shames said he can't help but wonder whether Rau will keep his word.

Shames said there are two ways for Rau to look at his acquittal on charges that could have brought him 20 years in prison.

"One is for him to appreciate he was facing some very serious consequences as result of his actions," the judge said. "Through the grace of the jury system he avoided those consequences. Hopefully, he appreciates that he has been given a significant opportunity and will take advantage of it.

"The other perspective he may have, and I hope it's not one he chooses, is that he sees this as vindication of what he did and how he did it and feels that this decision is license to continue," Shames said.

Shames said he still believes his decision in Rau's custody case was the right one.

"I felt frustration after the verdict, frustration that it wasn't fair that this happened to my family," Shames said.

"It's not like I went out to try to hurt someone. I made a decision I felt was lawful and reasonable and I believe I'd make it 100 times out of 100 times, notwithstanding what happened."

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