Vermont Judge Sentences Convicted Child Rapist to 60-day Sentence
A Vermont State District Judge faces national criticism for a lackadaisical sentence of a convicted sex offender.
Shane Kemiss Clark
Issue date: 1/24/06 Section: News
- Page 1 of 2 next >
|
The controversy surrounding the decision arose from the astonishingly short length of the prison sentence handed down by Judge Edward Cashman who suspended all but 60 days of his 10-year minimum sentence.
The decision not only incited outrage around the Champlain Valley, but has prompted strong bi-partisan support from Vermont legislators for Judge Cashman's impeachment. Cashman's decision has even inspired Fox News pundit Bill O'Reilly to pose this online poll question: "If Judge Cashman is not removed from criminal cases, will you boycott Vermont?"
Hulett admitted to repeatedly sexually assaulting a friend's daughter from the time she was 6 until she turned 10 in April. He received a cumulative sentence on three felonies, of five years and 60 days to life in prison.
Court documents reveal that the assaults included oral-genital contact and genital touching. Hulett cannot be held longer then 60 days unless he misbehaves in prison or if he is unable to obtain suitable housing away from children following his release.
He would be returned to prison for up to 99 years if he violates any of the 22 conditions governing his release, including that he obtain sex-offender treatment.
The details of the case included that the victim's parents were aware that Hulett had an interest in the girl, and that the two had occasionally slept in the same bed. Police were informed about the situation by an older girl whom the victim had confided in.
Judge Cashman defended his decision by stressing the need for Hulett to retrieve sex offender treatment. Under the Department of Corrections classification, Hulett is considered a low-risk for re-offense so he does not qualify for in-prison treatment.
Cashman disagreed with this evaluation and found that Hulett has the emotional maturity of a 12-14 year old and is in need of a lifetime of treatment.
"This creates the most difficult dilemma of the sentencing," Cashman wrote. "Any extensive minimum sentence prevents meaningful treatment. Delay of treatment within a closed facility increases the long-term risk the defendant presents to the community. Given these options the court chose to reduce the long-term risks and permit an opportunity for quick treatment."