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Judge hands down 60 day sentence


mr.yuck

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WND LAW OF THE LAND

Judge gives child-rapist

60-day sentence

No longer believes in punishment: 'Anger doesn't solve anything'

Posted: January 6, 2006

1:00 a.m. Eastern

 

 

© 2006 WorldNetDaily.com

 

Claiming he no longer believes in punishment, a Vermont judge issued a 60-day sentence to a man who confessed to repeatedly raping a girl over a four-year period, beginning when she was 7 years old.

 

Judge Edward Cashman disagreed with prosecutors who thought Mark Hulett, 34, of Williston, Vt., deserved eight to 20 years in prison, reported WCAX-TV in Burlington, Vt.

 

Cashman said he's more concerned now about rehabilitation.

 

"The one message I want to get through is that anger doesn't solve anything. It just corrodes your soul," Cashman told a packed Burlington courtroom made up mostly of people related to the victim.

 

Prior to the decision, Chittenden Deputy Prosecutor Nicole Andreson argued punishment "is a valid purpose."

 

"The state recognizes that the court may not agree or subscribe to that method of sentencing but the state does," she said, according to the Burlington TV station. "The state thinks that it is a very important factor for the court to consider."

 

Cashman said he wants to make sure Hulett gets sex-offender treatment.

 

Under Department of Corrections classification, however, Hulett is considered a low-risk for re-offense, which means he doesn't qualify for in-prison treatment.

 

Cashman, therefore, issued a 60-day sentence and ordered Hulett to complete sex-offender treatment when he gets out or face a possible life sentence.

 

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 to the people in the court, WCAX reported.

 

Members of the victim's family were outraged.

 

"I don't like it," the victim's mother told the TV station, in tears. "He should pay for what he did to my baby and stop it here. She's not even home with me and he can be home for all this time, and do what he did in my house."

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This guy doesn't believe in punishment? Does he believe in his paycheck anymore either? How about posessions? Clothes?

 

He knows he's a Judge, right? There had to be a fine or something. If more judges start having revelations like this dip shit, we'll need another Australia, or start cutting off repeated-rapists' genitals.

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Guest KING BLING

What the hell is "The World Net Daily?

http://www.worldnetdaily.com/

 

Please note the PSYCHO CRISTIAN RIGHT WING RETARDO ads along both sides...

 

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No one has ever heard of it and its openeing statement, as with most media, is reliant on you as the reader knwoing the media you are reading and trusting it to be reliable...

 

Read the following article, which covers the same thing but does it with a professional approach. I don't agree with the judge any more than anyone else does, but I think people are retarded and frothing at the mouth for someone to destroy - the article and focus of most of the media plays to our desire to hate something...

 

http://www.cnn.com/2006/LAW/01/12/vermont....e.ap/index.html

 

 

Judge Edward Cashman should be the darling of conservatives.

 

He's a churchgoer, a former prosecutor, a Vietnam vet and a member of the bench known for his hard-line stands. A decade ago he jailed for 41 days the parents of a suspect in a rape case because they refused to cooperate with prosecutors.

 

In the past few days, though, Cashman has been vilified by conservatives on TV and on blogs. On Fox News, Bill O'Reilly told viewers as video of Cashman rolled: "You may be looking at the worst judge in the USA."

 

And several Vermont Republican lawmakers have demanded he resign or be impeached.

 

The reason: Cashman sentenced a child molester to just 60 days of jail time -- a sentence he said was designed to ensure the man got prompt sex-offender treatment but critics say was too soft. (Full story)

 

'Predator's sanctuary'

"As far as we're concerned, Cashman's district can hereby be considered a predator's sanctuary," wrote the Caledonian Record newspaper of St. Johnsbury. "As long as judges like Ed Cashman are allowed to sit on Vermont benches, children cannot be considered safe."

 

Cashman has been unswayed: "I am aware that the intensity of some public criticism may shorten my judicial career," he wrote in a memorandum this week. "To change my decision now, however, simply because of some negative sentiment, would be wrong."

 

The firestorm erupted last week when Cashman sentenced Mark Hulett, 34, for having sexual contact with a girl, beginning when she was 6, over a four-year period.

 

The Corrections Department had concluded that Hulett was unlikely to commit another such offense, and Vermont does not provide sex-offender treatment to such inmates until they reach the end of their jail time.

 

Cashman said he would have imposed more jail time -- a three-year minimum -- if the state promised treatment while Hulett was jailed.

 

Sentence tied to treatment

"The solution to these concerns requires quick and effective treatment," the judge wrote. He also noted that Hulett tested at a borderline intelligence level, has the emotional maturity of a 12- to 14-year-old and did not understand why others were so upset by his actions.

 

Republican Gov. James Douglas said Thursday the judge should consider resigning. He condemned the 60-day sentence as insensitive to the victim and her family.

 

"When a grown man rapes a small child, justice is only served when the criminal is behind bars -- for a long time -- paying for his inexcusable crime," the governor said.

 

On Wednesday, the Correction Department reversed course and said it would allow Hulett to be treated immediately, in hopes Cashman would impose a longer sentence. Prosecutors planned to file a request Friday asking the judge to do so. Apart from the memorandum, Cashman has refused to comment on the furor, citing judicial ethics.

 

In sentencing Hulett to 60 days, Cashman warned the defendant would get life behind bars if he failed to undergo treatment or comply with other conditions, including a prohibition against alcohol or living in an apartment complex that allows children.

 

Outraged calls and e-mail

But the focus fell on the jail time. Calls and e-mails of outrage poured into the Statehouse and the governor's office. Letters to the editor filled newspapers. On Thursday the state's largest newspaper, The Burlington Free Press, called on Cashman to resign.

 

Cashman, 62, is a burly, balding and bearded figure, and a strait-laced ex-military man. Soon after he was appointed to the Vermont District Court bench in 1982 by a Republican governor, Cashman and his wife dropped out of their square dancing group because he feared it was unjudgelike.

 

"I can't do the same things everyone else does," he said in an interview several years ago, describing the life of a judge as monk-like.

 

State Sen. Richard Sears, a Democrat who is chairman of the Senate Judiciary Committee, wondered if such distancing led to the sentencing decision. "Have we isolated our judiciary so much that they can't see what public reaction (would be) to a sentence like that?" he asked.

 

Cashman's early years as a judge were marked by complaints that he was insensitive to the concerns of female victims of abuse and that he unfairly favored fathers in custody cases. But those concerns seemed to have vanished by 2001 when Cashman won a new six-year term by a legislative vote of 137-15.

 

Jailed rape suspect's parents

Sen. Vincent Illuzzi, a Republican who is also a prosecutor, said the criticism that Cashman is a lenient judge and should be thrown out of office is "contrary to his judicial philosophy and career."

 

"Over the years, if there's been criticism of Judge Cashman, it has been he has been overly harsh on offenders when it comes to sentences and conditions of probation," Illuzzi said.

 

In Cashman's most-publicized case before this one, he threw Arthur and Geneva Yandow in jail after they refused to help prosecutors make a case against their son, a suspect in a rape. The parents said it would violate their Roman Catholic beliefs; Cashman, himself a Catholic, argued otherwise.

 

Cashman has volunteered for almost 20 years at a halfway house for prisoners. He said in an interview in 2000 with the Champlain Business Journal: "If you're going to put someone in jail, you ought to see them on their way out."

 

In that same interview the judge talked about his love of his job.

 

"Every day is a gift," he said. "I keep thinking they're going to come back and say `Oh my God, it was Cushman, not Cashman. Give us back the robe."'

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I think this is kind of a strange way for him to prove a point. To a certain extent i can understand why he only sentenced the man to 60 days but at the same time, what do you tell the kid that got raped 4 years straight? "Don't worry. He was just sick. We are gonna make him better now so he won't do it again." That's not a good explanation for the pschological problems the child is going to suffer for the rest of her life.

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Yeah, it's wierd that a prominent member of the American judicial system would focus on seeking treatment for a borderline-retarded criminal rather than doing the right thing... which is obviously issuing him a life sentence in a prison where he will not receive any rehabilitation. Seriously, doesn't he know anything about the legal system?

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word harvey

 

obviously what thsi guy did is mad fucked up but what is putting some mentally disabled guy in prison for 30 years going to do for anyone? if an experienced judge says he thinks a rehabilitation program will be mor e appropriate in a certain case then he should be given the benefit of the doubt. the poor girl should ge all the help that can be given to her but the guy being in prisons not going to do it its just the easy way for people to say 'justice has been served' and go back to their shit lives.

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Guest imported_El Mamerro

I don't think the issue is "will he learn something from 30 years in jail" as much as it is keeping the guy off the streets where he can hurt again.

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60 days is far too short. rehab is great in principle, "but in reality it sucks." bottomline: the guy needs to be kept off the streets for longer than 2 months. he's been doing it for 4 years, a 2 month break won't stop his habits. cut his balls off.

 

on a side note when i read the article and first read "child-rapist" i thought it was about a child who was doing the raping... i just woke up.

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^^ "Child- rapist"... :haha: That's funny.

 

But seriously, that guy does indeed need to be kept off the streets, away from kids. But he also needs psychological help, and the sooner, the better. The article said that he doesn't even understand what was wrong with what he did. So if he got twenty years, everything seems fine until 2026, when he gets out and heads straight for the schoolyard because he's been craving ten-year-old pussy for two decades of lockdown. The source of this problem isn't the judge, it's the fucked up system that won't allow dude to get the treatment he needs until after his sentence. What the fuck is that about?

 

I imagine this guy will be put into some sort of program that, at the very least, will monitor him closely, if not keep him confined during his treatment. I'm certainly not saying that a four year stint of serial rape is cool, but people just get so caught up in the anger surrounding this sort of thing that they fail to actually see the source of the problem and fix it.

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Guest KING BLING

He is not being released after 2 months - he is going to go into a program. Thats a distinction people don't seem to be making. Once doctors are confident he is in effect trained to not duplicate the behavior he will be released and...

 

In sentencing Hulett to 60 days, Cashman warned the defendant would get life behind bars if he failed to undergo treatment or comply with other conditions, including a prohibition against alcohol or living in an apartment complex that allows children.

 

...I feel like it could have been a longer sentance myself, but I don't think this is a judge just going nuts - it seems like a solid program with all the proper protections built in to protect society.

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Guest imported_El Mamerro

Will he be interned for this rehab? Will he be away from society while he receives this treatment? I wish him the very best and want him to recover, but that guy has no business walking freely around for a while.

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Guest KING BLING
Originally posted by El Mamerro@Jan 17 2006, 01:02 PM

Will he be interned for this rehab? Will he be away from society while he receives this treatment?

 

Actually you raise a good point than I can't answer - does anyone know the treatment arrangements? I assumed he would be in a hospital or facility but I guess I shouldn't assume anything...

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The arrangement seems to be that the man does 60 days. When he gets out it is up to him to check into a rehab program. IF he fails to do so THEN he gets life. Whats to say he doesnt get out after 60 days go rape some young girls for old times sake and then check into rehab, if at all and goes AWOL. This shit plan of the judges just seems so fuckin flawed its rediculous. But thats the system right. Either way, he makes a point.

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are you misinterpreting what it means to say that he 'didn't know why it was wrong'? its not that hes a normal person who simply disagreed that child sex was a bad thing, hes retarded and doesnt comprehend moral and social standards. like i said before nothign but sympathy for the poor girl he put through this but putting this fucked up guy in a prison is like beating a puppy for pissing on your floor

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  • 2 weeks later...

And Poof! Watch as the state prosecutor gets the sentence changed on appeal. It's great that the judge can make a political statement like this.

 

Politicians do this all the time. Make legislation, knowing that it is going to get severly limited or thrown out by the courts. Kudos.

 

By the way, rehabilitation is the biggest crock of...

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