Vermont judge resentences child molester.

techs

Lifer
Sep 26, 2000
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http://www.reformer.com/Stories/0,1413,102~8860~3216676,00.html
Judge Edward Cashman got what he wanted -- a child molester will receive treatment in prison. But he never could have expected the price he'd have to pay for it.
Cashman resentenced Mark Hulett on Thursday to at least three years in prison -- up from the 60-day term that had outraged Gov. James Douglas, Fox News' Bill O'Reilly and a host of other politicians and commentators who called the judge soft on child predators and demanded his resignation.

Amid the uproar over the initial sentence, the state changed the rules that kept offenders like Hulett from receiving treatment behind bars. Doing so earlier might have saved the judge from invective stretching from the Legislature to the blogosphere.

"Had the Department of Corrections offered a treatment option during the three-year period of imprisonment it sought at the first sentencing hearing, the court would have accepted that recommendation," Cashman said Thursday.

Hulett, 34, had pleaded guilty to charges that he had sexual contact with a girl during a four-year period beginning when she was 6. Under state policy at the time, he was not eligible for sex-offender treatment in prison because the Corrections Department concluded that he was not likely to reoffend.

At his original sentencing, Cashman said the best way to ensure public safety was to get Hulett out of prison so he could receive sex offender treatment. A lengthy prison term without treatment could turn him into a more dangerous offender, he said.

On Thursday the judge made it clear he believed punishment was a "valuable and necessary component of society's response to criminal conduct."

In the aftermath of Cashman's initial ruling, Human Services Secretary Michael Smith ordered the Corrections Department to change its policy to allow low-risk sex offenders to receive treatment in prison.


So the judge gave the guy the Department of Corrections recommended sentence after all. I still want to know how the Dept of Corrections came up with only a three year recommendation.
The judge got the state to give "low risk" offenders treatment. I wonder how this guy is "low risk".
But this judge did a service to the children of Vermont. We should do everything possible to prevent molestation. While the three year sentence is far to lenient the fact that this one judge got treatment for low risk offenders makes our kids safer.
Now we need to look into why this guy is "low risk" and why the D.O.C only recommended 3 years. Seems there is a problem there. FYI In other news stories it explained the guy was allowed to cop a plea because the evidence was weak and the kid traumatized. Letting him plea was the only way to assure a conviction.


 

3chordcharlie

Diamond Member
Mar 30, 2004
9,859
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This seems much better - the judge's seemingly outrageous actions got the desired result; how was he allowed to change the sentence though?

Can the state appeal a sentence?
 

RichardE

Banned
Dec 31, 2005
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Are judges allowed to redecide your sentence?

Say guy A gets 5 years of jailtime in a court decision, servers a few months, than the judge decides well, lets up that to 10 years. Is that really legal?


Edit: I think Death for him too, but wanted to see if this was legal or not.
 

EXman

Lifer
Jul 12, 2001
20,079
15
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What ever happened to punishments for crimes?

This Judge Cashman has been outed as a child rapist sympathizer and shown the legal system to be broken when it comes protecting children.

I think if let into general prison population this inhuman being will understand the other end of crime of rape.
 

DealMonkey

Lifer
Nov 25, 2001
13,136
1
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Good. Maybe this will get O'Reilly to finally STFU about this non-issue. I think it was obvious to everyone but phone-molester-extraordinaire Bill O'Reilly, that Judge Edward Cashman was clearly using the sentencing as a stick to get the state prison system to get with the program. Once that was accomplished, a normal sentence was handed down. Now O'Reilly can go back to trying to get rid of all the Mexicans, or whatever his idiotic talking points are today...
 
Jun 27, 2005
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Originally posted by: techs
So the judge gave the guy the Department of Corrections recommended sentence after all. I still want to know how the Dept of Corrections came up with only a three year recommendation.
The judge got the state to give "low risk" offenders treatment. I wonder how this guy is "low risk".
But this judge did a service to the children of Vermont. We should do everything possible to prevent molestation. While the three year sentence is far to lenient the fact that this one judge got treatment for low risk offenders makes our kids safer.
Now we need to look into why this guy is "low risk" and why the D.O.C only recommended 3 years. Seems there is a problem there. FYI In other news stories it explained the guy was allowed to cop a plea because the evidence was weak and the kid traumatized. Letting him plea was the only way to assure a conviction.
Weren't you singing the praises of this judge a while ago for handing that pervert a six month sentence? Now three years is not enough? (And I agree... should be a minimum of 10 years) What changed your mind?




Edit: From the other thread in reference to the six month to 10 year sentence.
Originally posted by: techs
So Bill O'reilly and the other right wing demagogues need to STFU. This judge did a courageous thing and helped protect the safety of every single child. The guy is a freaking hero.

 

RichardE

Banned
Dec 31, 2005
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Originally posted by: RichardE
Are judges allowed to redecide your sentence?

Say guy A gets 5 years of jailtime in a court decision, servers a few months, than the judge decides well, lets up that to 10 years. Is that really legal?


Edit: I think Death for him too, but wanted to see if this was legal or not.

Anyone have an answer to this? why Judges can resentence people after they have been sentenced already?

 
Jun 27, 2005
19,216
1
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Originally posted by: RichardE
Originally posted by: RichardE
Are judges allowed to redecide your sentence?

Say guy A gets 5 years of jailtime in a court decision, servers a few months, than the judge decides well, lets up that to 10 years. Is that really legal?


Edit: I think Death for him too, but wanted to see if this was legal or not.

Anyone have an answer to this? why Judges can resentence people after they have been sentenced already?
I believe the prosecutor filed an appeal on the sentence.
 

RichardE

Banned
Dec 31, 2005
10,246
2
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Originally posted by: Whoozyerdaddy
Originally posted by: RichardE
Originally posted by: RichardE
Are judges allowed to redecide your sentence?

Say guy A gets 5 years of jailtime in a court decision, servers a few months, than the judge decides well, lets up that to 10 years. Is that really legal?


Edit: I think Death for him too, but wanted to see if this was legal or not.

Anyone have an answer to this? why Judges can resentence people after they have been sentenced already?
I believe the prosecutor filed an appeal on the sentence.


That is what I thought as well, but the only thing I read in there

Cashman resentenced Mark Hulett on Thursday to at least three years in prison -- up from the 60-day term that had outraged Gov. James Douglas, Fox News' Bill O'Reilly and a host of other politicians and commentators who called the judge soft on child predators and demanded his resignation.
 
Feb 10, 2000
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Originally posted by: Whoozyerdaddy

I believe the prosecutor filed an appeal on the sentence.

I don't think it was a formal appeal, but some kind of request for reconsideration. I'm not licensed in Vermont, so I don't completely understand what happened.
 
Jun 27, 2005
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Originally posted by: RichardE
Originally posted by: Whoozyerdaddy
Originally posted by: RichardE
Originally posted by: RichardE
Are judges allowed to redecide your sentence?

Say guy A gets 5 years of jailtime in a court decision, servers a few months, than the judge decides well, lets up that to 10 years. Is that really legal?


Edit: I think Death for him too, but wanted to see if this was legal or not.

Anyone have an answer to this? why Judges can resentence people after they have been sentenced already?
I believe the prosecutor filed an appeal on the sentence.


That is what I thought as well, but the only thing I read in there

Cashman resentenced Mark Hulett on Thursday to at least three years in prison -- up from the 60-day term that had outraged Gov. James Douglas, Fox News' Bill O'Reilly and a host of other politicians and commentators who called the judge soft on child predators and demanded his resignation.

That's just the news being the news. IIRC the prosecutor was asking for 8-20 and filed the appeal right after the six months was handed down. The judge didn't have to change his sentence but he probably bowed to the pressure brought down on him by pretty much... everyone.
 
Feb 10, 2000
30,029
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Originally posted by: Whoozyerdaddy

That's just the news being the news. IIRC the prosecutor was asking for 8-20 and filed the appeal right after the six months was handed down. The judge didn't have to change his sentence but he probably bowed to the pressure brought down on him by pretty much... everyone.

I don't think this was an appeal. That would have required submitting the matter to the Court of Appeals, which I don't believe happened here. I believe this was some kind of motion for reconsideration of the original sentence, and it never left the trial court.
 

techs

Lifer
Sep 26, 2000
28,559
4
0
Originally posted by: Whoozyerdaddy
Originally posted by: techs
So the judge gave the guy the Department of Corrections recommended sentence after all. I still want to know how the Dept of Corrections came up with only a three year recommendation.
The judge got the state to give "low risk" offenders treatment. I wonder how this guy is "low risk".
But this judge did a service to the children of Vermont. We should do everything possible to prevent molestation. While the three year sentence is far to lenient the fact that this one judge got treatment for low risk offenders makes our kids safer.
Now we need to look into why this guy is "low risk" and why the D.O.C only recommended 3 years. Seems there is a problem there. FYI In other news stories it explained the guy was allowed to cop a plea because the evidence was weak and the kid traumatized. Letting him plea was the only way to assure a conviction.
Weren't you singing the praises of this judge a while ago for handing that pervert a six month sentence? Now three years is not enough? (And I agree... should be a minimum of 10 years) What changed your mind?




Edit: From the other thread in reference to the six month to 10 year sentence.
Originally posted by: techs
So Bill O'reilly and the other right wing demagogues need to STFU. This judge did a courageous thing and helped protect the safety of every single child. The guy is a freaking hero.
I was pointing out that there was way more to this case than just the light sentence. It was an attempt to prevent more kids from being abused.
As far as that goes his strategy worked fine. He SHAMED the people of Vermont into parting with a few pennies to save some kids from trauma.
As to the 3 year sentence I think it is too low since the prosecutors asked for 8 years. But the real facts of this case are being witheld due to the victims age.
As I stated in a previous post this was a plea bargain. It may be the guy copped to a plea because the state may not have been able to convict him but if they did he would go away for years. He may have offered to plead to an offence with a max of 8 years.
It may be that the original sentence was not an actual sentence but the judges decision on what to offer the guy to plead guilty. And since the actual sentencing hadn't occured the judge was free to change the offer.

 

Zebo

Elite Member
Jul 29, 2001
39,398
19
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A lengthy prison term without treatment could turn him into a more dangerous offender

I definity agree with this statement! One of my younger borthers who is 34 has spent most of his adult life in prison could testify to this one as well. Started out just getting busted a few times using drugs then went to private rehab etc - there he learned how to sell them - then he went to prison where he learned how to maufacture them. Got busted at 25 and did 5 more years - HE's been out 2-3 years now and luckly found another addiction, seventh day aventist, or else he'd prolly learn murder next.

All prison is is a criminal finishing school way it's setup - and not only that guys come out hard as nails physically and mentally equiped to do thier crime.
 

JackStorm

Golden Member
Aug 26, 2003
1,216
1
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Originally posted by: Future Shock
Told ya so...

Future Shock

Well, at least SOMETHING good came of his actions. Too bad I have little faith in these so called 'treatments' and the sentence is still to low in my opinion.

Now if only he could get them, as techs said, to redefine what is considered 'low risk'.
 

RichardE

Banned
Dec 31, 2005
10,246
2
0
Originally posted by: JackStorm
Originally posted by: Future Shock
Told ya so...

Future Shock

Well, at least SOMETHING good came of his actions. Too bad I have little faith in these so called 'treatments' and the sentence is still to low in my opinion.

Now if only he could get them, as techs said, to redefine what is considered 'low risk'.

Better to kill them and be done with it.
 

JackStorm

Golden Member
Aug 26, 2003
1,216
1
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Originally posted by: RichardE
Originally posted by: JackStorm
Originally posted by: Future Shock
Told ya so...

Future Shock

Well, at least SOMETHING good came of his actions. Too bad I have little faith in these so called 'treatments' and the sentence is still to low in my opinion.

Now if only he could get them, as techs said, to redefine what is considered 'low risk'.

Better to kill them and be done with it.

Personally, I'm against the death penalty. But since he's most likely guilty of the crime he's been accused of, I wouldn't shed a tear if he were to fall on someones knife in jail or if he became someones bitch.

I have no sympathy for child molesters/rapists. And this applys especially to those that were molested themselves as children. Since they of all people should know what it feels like to be molested.
 

Compnewbie01

Senior member
Aug 8, 2005
603
4
81
My opinion has always been this. Even if a person does something and the ONLY thing that could actually help them was not send them to prison and have them take a class or something, is that really fair to the victim? It is almost like the death penalty. People are against it for many reasons, but one of them is that revenge is not the answer. However, is it really fair to someone if the rest of their family was killed by someone (and I am talking intentional sick killings, not accidents) to say revenge is not the answer? I know that if someone committed a crime on a member of your family, you would want that person locked away forever (talking about really serious crimes). A 60-day sentence is an insult considering this happened over like four years. Even three years is an insult. It is like "hey, he may have hurt you for four years and is leaving you mentally scarred for several more, but at least he is getting three years of misery behind bars." Revenge may seem like the wrong answer until you are the victim. That alone makes me believe in harsh punishments for certain crimes just for the sake of the victim's comfort/relief.
 

JEDIYoda

Lifer
Jul 13, 2005
33,986
3,321
126
Originally posted by: DealMonkey
Good. Maybe this will get O'Reilly to finally STFU about this non-issue. I think it was obvious to everyone but phone-molester-extraordinaire Bill O'Reilly, that Judge Edward Cashman was clearly using the sentencing as a stick to get the state prison system to get with the program. Once that was accomplished, a normal sentence was handed down. Now O'Reilly can go back to trying to get rid of all the Mexicans, or whatever his idiotic talking points are today...

O`Reilly is like GOD man!!
 

tcsenter

Lifer
Sep 7, 2001
18,909
558
126
I was pointing out that there was way more to this case than just the light sentence. It was an attempt to prevent more kids from being abused. As I stated in a previous post this was a plea bargain. I
lol! That's some fancy back-pedaling. Well, it really isn't that fancy.

The judge rejected the prosecutor's plea proposal and conviction was never a problem. The judge simply gave him a lighter sentence because the man is mentally retarded, has the emotional capacity of a 12 year-old, and doesn't understand why his relationship with the girl was wrong. The judged believed the man would benefit more from treatment, but under state law he couldn't receive treatment while he was in jail unless he was deemed a high risk for re-offending (he was deemed low risk for re-offending by court appointed psychologists):
At his original sentencing, Cashman said the best way to ensure public safety was to get Hulett out of prison so he could receive sex offender treatment. A lengthy prison term without treatment could turn him into a more dangerous offender, he said.