Judge Edward Cashman
Posted on 01/14/2006 6:19:28 AM PST by NYer
Judge Edward Cashman
Vermont's governor says more than 20,000 e-mails, phone calls and letters have poured into his office in response to a state judge's 60-day sentence for a child rapist who admitted abusing a young girl over a period of four years.
The "overwhelming majority" condemn District Court Judge Edward Cashman's light sentence for 34-year-old Mark Hulett, said Jason Gibbs, spokesman for Gov. Jim Douglas, in an interview with WorldNetDaily.
"The outrage that the vast majority of Vermonters have here is shared by fellow countrymen," said Gibbs, noting the many protests coming from across the nation.
The spokesman said the governor is "appalled" by the decision.
"He certainly is extremely disappointed and disgusted with the sentence itself," Gibbs said. "What is equally troubling is that the judge no longer believes in punishment. The governor says that if a criminal court judge no longer believes in punishment, he shouldn't be on the bench."
As WorldNetDaily reported Jan. 6, Cashman told a packed Burlington courtroom made up mostly of people related to the victim: "The one message I want to get through is that anger doesn't solve anything. It just corrodes your soul."
The judge said that when he began 25 years ago, he handed down tough sentences but now believes "it accomplishes nothing of value."
"It doesn't make anything better; it costs us a lot of money; we create a lot of expectation, and we feed on anger," Cashman explained.
The judge said he wanted to ensure Hulett got sex-offender treatment, but under Department of Corrections classification, the convict was considered a low-risk for re-offense, which meant he didn't qualify for in-prison treatment. Cashman decided then to issue the minimum 60-day sentence and ordered Hulett to complete the treatment when he got out or face a possible life sentence.
This week, however, Human Services Secretary Michael Smith announced an order to reclassify Hulett, making him eligible for in-prison treatment.
Gibbs said this paves the way for Cashman to issue a new sentence. Prosecutors filed a motion based on the new order yesterday and await the judge's response.
The governor's spokesman said the issue of rehabilitation should not have been a hindrance to Cashman in the first place.
"He could have picked up the phone and called the governor and made that point," Gibbs said. "Treatment or lack of treatment is not an excuse not to punish someone for a heinous crime."
Gibbs said it's unlikely Cashman can be impeached, because the state's statute has a "very high standard."
A judge cannot be removed for a poor decision, he explained, but only for an egregious breach of the law or ethics.
The state's House of Representatives is considering a non-binding resolution urging Cashman to resign.
Gibbs said the speaker of the House has ordered the resolution to committee, but it's unclear whether it will come to the floor for a vote.
However, Cashman could be removed in one year when he faces his next retention hearings.
Vermont's judges are appointed by the governor and must face retention hearings every six years in which their performance is evaluated.
"So if he chooses not to resign now, he will have to face this issue again," Gibbs said.
The state's House Judiciary Committee took testimony this week on Hulett's sentence and planned also to hear from Corrections Department officials. In addition, the panel is considering legislation to require tougher sentences.
Republican state Sen. Wendy Wilton plans to introduce a bill based on "Jessica's law," a nationwide initiative for states that includes barring registered sex offenders from living near schools and parks and requiring them to wear satellite tracking devices.
The cornerstone of the measure, Wilton said, is a 25-year minimum mandatory sentence for aggravated sexual assault.
Cashman said in a statement "the negative comments sting."
"I am aware that the intensity of some public criticism may shorten my judicial career," he said. "To change my decision now, however, simply because of some negative sentiment, would be wrong.
"I owe it to the judiciary and to my own conscience to maintain a stand that I believe is the best possible option in a very difficult situation," he said.
Well, DUH!
This just boggles my mind. How can someone, who admitted to repeatedly violating the little girl for 4 YEARS, NOT be considered at high risk for re-offense? His crime, by definition, is reoffense!
I don't understand how the sentencing guidelines allow the judge to sentence him to only 60 days in jail. However, on the news today I heard the sentence was 60 days to life and if he didn't comply with treatment, he would be sentenced to life. I only heard it one place and don't know if it's true.
Heard about Houston's bigtime Crime Lab problems, not one technician was disicplined or fired.
They are still doing the same job with 25% error rate in DNA and Blood typing.
In a mature society, "civil servant" is semantically equal to "civil master".
ROBERT HEINLEIN
At the very least, this judge could be easily removed from criminal trials, but so far they're stalling on even making that move. Ricidulous...
I saw a guy on O'Reilly last night that said this judge is a Republican. Vermont is one screwed up state.
---I heard the sentence was 60 days to life and if he didn't comply with treatment, he would be sentenced to life. ---
Whose little girl should he rape to get a real punishment?
I fear that many others in the judiciary have no concern for the suffering of victims--only perps.
It is unbelievable and the people of Vermont should be screaming for his removal if he doesn't change the sentence.
My only beef with O'Reily is he wants the whole country to email the Governor.
I live in Florida. what happens in Vermont has absolutely nothing to do with me. The governor should care less what a Floridian thinks about his states bungling judges.
With his actions, the judge is just as guilty as the perp.
With no justice, anarchy reigns.
This judge is really a Dem -- and the type of "Republican" who merely reinforces the masquerade that defines RINOs.
I thought judges were supposed to be apolitical.
NO JUDGE!
NON punishment accomplishes nothing.
The purpose of your sorry Q ball a$$ sitting on the bench is to mete out punishments for crimes that people have committed against other people and to PROTECT THE INNOCENT.
How would YOU feel judgy-wudgy, if someone had been raping your baby granddaughter for FOUR YEARS!
______________________
Can somebody say JUDICIAL RECALL??
Depends on the state. Some elect their judges and some are appointed. This judge was elected and ran as a Republican.
a judge in superior court here in California, should be removed. He sits there big as day, makes statements, like, "oh well it is only a small infringment on civil rights".
You bring up a great point. I scares me to think of what you would have to do to be considered a HIGH RISK offender in Vermont! This child was RAPED repeatedly for 4 years. My gosh, and they think treatment will help him! There is NO treatment for sex offenders, except a dirt nap.
I AM ASHAMED TO BE A VERMONTER
I pity 34-year-old Mark Hulett because Vermonters inside prison and outside ( upon his release) will be a severe threat to his physical wellfare.
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