Originally Posted by Fox news

Worst Judge Award?
Tuesday, January 10, 2006

This is a partial transcript from "The O'Reilly Factor," January 9, 2006, that has been edited for clarity.

Watch "The O'Reilly Factor" weeknights at 8 p.m. and 11 p.m. ET and listen to the "Radio Factor!"

BILL O'REILLY, HOST: In the "Factor Investigation" segment tonight, a confessed child rapist gets 60 days — 60 days! I know it's hard to believe, but it's true.

Thirty-four-year-old Mark Hulett — Hulett, I should say, of Williston, Vermont, pled guilty to repeatedly raping a 6-year-old girl for four years until she was 10. Judge Edward Cashman, sentenced Hulett to 60 days in prison, even though the prosecutor had asked for 20 years.

Vermont has no mandatory minimum sentence for child rape, none. So, again, a child rapist gets 60 days courtesy of this man, Judge Cashman.

Reaction in Vermont is outrage.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My decision is they should have gave him a 10-year term for a crime like that. No kid deserves anything like that. I honestly think it's ridiculous.
UNIDENTIFIED MALE: Having somebody out that soon, I still believe there is a debt that needs to be paid to society, and help can be obtained afterwards. I would like to have seen a longer sentence.

UNIDENTIFIED FEMALE: I think we have to take a look at our priorities as a state. And I don't think we have them straight. I think we've got the wrong people in prison for too long. And we're not keeping people in prison who need to be put behind bars so the rest of us can feel safe.

UNIDENTIFIED FEMALE: I myself am having a baby in June. I mean, I'm not going to want to walk down the street with my child knowing that a rapist is out. I mean, I don't want that around my kid.

(END VIDEO CLIP)

O'REILLY: Now we confronted Judge Cashman but he ran away. Previously, he made a statement. Here's the sequence.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I wanted to ask you why you gave that child rapist only 60 days. What were you thinking?

JUDGE EDWARD CASHMAN, VERMONT: Somehow or another believing that punishment will solve this problem, and to encourage in victims of crime retribution as the only response. One, we're not following legislative directives. Two, we're wasting state money. And three, we're not solving problems.

(END VIDEO CLIP)

O'REILLY: Unbelievable. Unbelievable!

Joining us now from Boston, child advocate Wendy Murphy. And from Burlington, Vermont, Senator Wendy Wilton, who is co-sponsoring a Jessica's Law bill in the Green Mountain State.

You know, I don't get this, Senator. I don't get it at all. This is a B.C. [Boston College] graduate, Washington College of Law. He is a Vietnam vet. And this guy says retribution...

WENDY WILTON (R), VERMONT STATE SENATOR: Yes.

O'REILLY: ... is wrong when a man rapes a 6-year-old girl for four years. I'm just not — can you explain it to me?

WILTON: I can't. The reaction from Vermonters is outrage, like you mentioned. People are just horrified about this. People think that Judge Cashman has basically flipped his lid.

Actually, the Constitution of Vermont actually demands that judges take into account harm to the victim when they hand down a sentence. And really, you know, the sentence in this case should reflect restitution to society. And there is no reason why he didn't get a significant jail time.

O'REILLY: Can this judge be impeached? Can we, the people?

WILTON: Yes. Yes.

O'REILLY: We have to do that. He's got to go.

WILTON: The House — the House can impeach the judge, and then the Senate will act as a — in a hearing format with a trial.

O'REILLY: All right. So I assume...

WILTON: It would eliminate him from his position.

O'REILLY: I assume in Vermont there are legislators angry enough to introduce articles of impeachment against the judge. I assume that's true. Am I wrong?

WILTON: I certainly hope so. When we go back Tuesday, we'll see what the mood is in Montpelier. But we have heard from so many people in the public.

O'REILLY: It has to happen. It has to happen.

WILTON: Yes. And I encourage people to keep talking to their legislators. This guy has to go.

O'REILLY: Right. Vermont is a liberal state, but this kind of stuff is beyond conservative/liberal.

WILTON: True.

O'REILLY: This is into a realm of you can't do it. Period.

WILTON: Right.

O'REILLY: No judge can.

WILTON: I agree.

O'REILLY: Now, next Tuesday when you come back, you're going to introduce Jessica's Law mandatories. Now, again for everybody watching, this is why we need Jessica's Law in every state, so a judge like Cashman can't do this, that he would have to be sentenced to 20 years.

Now, what is your bill going to say? And what are the odds of it passing?

WILTON: Well, my bill is pretty straightforward. It is modeled a little bit after the Florida law. Vermont has done some of what was in the Florida law, the Jessica's Law. But the cornerstone is 25-year minimum mandatory sentence for aggravated sexual assault, sexual assault and second offense L&L with a child where the victim is under 12.

O'REILLY: All right. Odds of that getting through in Vermont, passed and signed by the governor?

WILTON: Well, now that this has happened, I think they're pretty darn good. I was a little concerned when I was here in November that we were going to face an uphill battle, but I think after this people realize the need for it.

O'REILLY: I hope so. Well, I need you to do me a favor. Just tell us anyone who opposes your bill, and we will put that on the air right away so that everybody in Vermont and around the country can know.

WILTON: I appreciate that, Bill.

O'REILLY: We're going to do everything we can to get this law passed.

WILTON: And I think the biggest challenge in the legislature is going to be in the House, I really do.

O'REILLY: Everybody, no matter where it is, you tell us who's opposing and we'll deal with it.

Now Wendy, I'm sure you're as outraged as everybody else about this sentence. But it's — this is the extreme, but this happens every single day in this country, where terrible child criminals — and this guy confessed, all right — get this kind of sentence, correct?

WENDY MURPHY, FORMER SEX CRIMES PROSECUTOR: It does happen. And as you said, it too often flies under the radar. Thankfully, you are making this a priority so we're hearing about it a little bit more often.

But look, I don't know if this guy had an epiphany or a nervous breakdown. But I can tell you, when someone whose job, and he's being paid for by tax dollars, whose job is to deter this sort of behavior, to send the right message, to punish child rapists, and he says something like, I think, punishment is not the way to go, let's talk about rehabilitation.

If he wants to quit his job and go sit in a circle and sing "Kumbaya" with some other tree huggers, that's his business, but he's got to take off the robe and step down.

O'REILLY: He's got to go. He's got to go. Now...

MURPHY: I don't want to call for impeachment. He's got to go.

O'REILLY: ... you saw him run into the house. After that, he came out of the house, and he actually said to us, "Well, I can't talk because of a Vermont statute says I can't talk, blah, blah, blah, blah."

But his remarks in the courtroom about retribution doesn't do anything. I mean, can you imagine the parents of this girl and the little girl herself who is now 11 years old?

MURPHY: You know what, Bill, this confused retribution, right, with restitution, OK? It's important for victims to know that the offender served some time and was taken out of society to protect others.

O'REILLY: Well, and not only that, the punishment has to fit the crime. The punishment must fit the crime. The little girl was raped for four years. And he gets 60 days?

MURPHY: When did punishment become illegitimate as a reason why we prosecute people? This guy took an oath to uphold the law, and he forgot that punishment matters because it deters bad behavior. He should be ashamed of himself. He should take...

O'REILLY: He should quit.

MURPHY: He should step down tomorrow.

O'REILLY: Absolutely. Absolutely.

WILTON: This judge turned his back on our Vermont Constitution also which requires this.

O'REILLY: Well, there is a chance — there is a chance that this sentence will be reversed, because it's still in the process where that could happen. We're going to follow this story.

Senator, you let us know what you encounter.

Wendy, we always appreciate you helping us out.

MURPHY: Thank you, Bill.

O'REILLY: And we'll get this Jessica's Law passed in many as many states as we can. And we hope Vermont will be the next one. Thanks, ladies.