"Soft" Judge Suggested Possibility of Executing Rapists Burlington, Vermont -- January 13, 2006 The Hulett sentence has made Judge Cashman the whipping boy for talk shows across the country. But here in Vermont members of the legal community say Judge Cashman is an excellent judge who is being unfairly vilified for the Hulett sentence. Dozens of the judges supporters contacted Channel 3 telling us they believe Judge Cashman has been treated unfairly by the media --including Channel3's reports. Court workers, defense lawyers, and prosecutors insist he is one of the kindest, fairest and most thoughtful judges in the state, who at the same time, is noted for his occasional surprises. Judge Ed Cashman insists he was not being soft when he imposed a 60-day sentence on child-rapist Mark Hulett. "And I'm getting a reputation as somehow or another being too soft on these people.I'm not," said the Judge at the sentencing hearing for Hulett. The judge said the short sentence was the only way he could work around prison policies that prevent getting Hulett into sex offender therapy quickly to protect the public. But the judge also announced he no longer believes in punishment. That triggered calls for his resignation here in Vermont, and on talk shows across the nation. The record shows that Cashman has never been known for being a lenient sentenced -- especially in rape cases. In fact, consider his comments on Channel 3 in 1987 when two vicious murders triggered calls for re-establishing the death penalty in Vermont. Judge Cashman/January 8, 1987:"Murderers tend not to repeat the offenses, the vast majority of 'em. While the rapist more and more the data's come out that by the time you've caught the rapist he's had four or five rapes already committed. And there's an extremely high rate of repeat offense with them. And if you're really talking about deterrence well yeah I could see an argument about why you'd want to impose the death penalty on a rapist,not that I'd recommend it, but I can at least understand that kind of argument." In the ensuing years Cashman made headlines for his actions in rape cases, such as honoring two young women who were sexually assaulted for years by their step-father. "And I would stand in respect for them. And I would ask everyone else to join me. They're remarkable human beings," Cashman announced at the sentencing hearing in April 1996. Ten years ago it was headlines again when Cashman sent the parents of an accused rapist to prison for 41 days for contempt because they refused to co-operate in their son's investigation. In recent years Cashman has been at the forefront of ground-breaking programs that promote rehabilitation , restitution , and community reparation for less serious offenses. Many lawyers, court workers and prosecutors say Judge Cashman is a very good man and good judge. However, nearly every one of his strongest supporters,many of them defense attorneys, say they believe he made a big mistake in the Hulett sentencing. But they also say that one mistake should not end his career as a judge. One new development in the Hulett case Friday. As expected the state filed a motion for the judge to reconsider his sentence. The motion includes the deal offered by the Corrections department to offer sex offender treatment to Hulett while he is in jail. Brian Joyce - Channel 3 News http://www.wcax.com/Global/story.asp?S=4361611&nav=4QcS

Crime Victims Hope Cashman Controversy Leads to Stiffer Sentences Essex Junction, Vermont - January 13, 2006 Judge Cashman has been getting a lot of attention following his sentence last week. But crime victims want people to remember the little girl Mark Hulett abused, and hope that attention to this case will mobilize support for laws that protect victims rights. Keith Weiss has been paying close attention to the sentence Judge Ed Cashman gave to admitted child molester Mark Hulett. When Keith was four years old, he too was molested by someone he trusted. "A lot of people are forgetting this little girl was molested for four years," said Weiss. "They're all focusing on the judge. It's going to be a rough life for this little girl. it does bother me to see people forget about her." Now Keith and his mom are pushing for tougher laws in Vermont - like Jessica's Law in some states - which mandates a minimum sentence. Vermont's legislation would mandate 25 years for sex offenders. Victims rights advocates hope the public outcry over Hulett's sentence will mobilize support for laws that protect victims rights. "This Jessica's Law will at least let the girl grow up before she has to deal with this man again," said Weiss. Sue Russell of the Vermont Victim/Survivor of Crime Council says the state's laws don't do enough to make victims feel safe. But she is concerned mandatory minimums would mean some juries would not convict. "I think there is concern in the victims community about Jessica's Law because it will result in victims having to go through more trials, less plea bargaining," said Russell. Keith Weiss says regardless of what happens in the legislature, Hulett's crime will have one lasting legacy. "It's going to be a tremendous impact on this little girl. it was a tremendous impact on me," said Weiss. Kate Duffy - Channel 3 News http://www.wcax.com/Global/story.asp?S=4362106&nav=4QcS

Cashman, health care to dominate Statehouse January 16, 2006 By Darren M. Allen Vermont Press Bureau MONTPELIER — A controversial sentence that Chittenden County District Judge Edward Cashman handed down to a sex offender will be examined by a House committee this week as the fallout over the judge's decision continues to reverberate throughout the Statehouse. The House Judiciary Committee's technical reason for consideration of the 60-days-to-10-year sentence for Mark Hulett is a pending resolution seeking Cashman's resignation. But the committee's chairman and ranking member made clear last week that lawmakers are going to use the time to reflect on more than just the appropriateness of the sentence. "We need to give that careful consideration," said Rep. William Lippert, D-Hinesburg, the committee's chairman. "I don't like the sentence, but it is a complex sentence. And before we go and recommend impeachment or resignation, we need to go about this in a thoughtful way. Vermonters value an independent judiciary." Last week, Republican lawmakers introduced a resolution calling on Cashman to resign. House Speaker Gaye Symington, D-Jericho, deflected immediate action on the resolution by sending it to the Judiciary Committee. The governor — who has urged Cashman to resign — reported through his spokesman receiving more than 20,000 e-mails from around the country, including more than 1,000 from Vermont. With few exceptions, the communications were expressing negative opinions of the judge. The committee does not expect to call Cashman to testify, although he has offered to go before the Senate Judiciary Committee. A transcript of the court hearing shows that Cashman did not make the controversial comment attributed to him that he no longer believed in punishment, rather that "punishment is not enough" in a sex-offender case such as Hulett's. The ranking Republican on the House committee, Rep. Michael Kainen of Hartford, said that it would be a mistake to add fuel to the firestorm, which has been fed largely by what called inaccurate reporting and sensationalized headlines. "I think that this has been misreported, not just by one national news organization but by the local press as well," Kainen said, referring in part to Fox News' coverage of the sentence and its aftermath. "It's based on a misunderstanding of the sentence or it is an attempt at sensationalizing the story." The hearings will focus on the separation of the branches of government and on whether the Legislature should intervene outside of the regular retention hearings judges face to keep their seats. They also will give lawmakers a chance to step away from the heat of what has become the most pitched political battle of the young legislative year, the speaker said. "This makes it that much more important that we are disciplined and step back," Symington said. "It can become a distraction from the priorities of our work." Those priorities, lawmakers say, include health care. And the Senate health care committee will continue working on a bill that seeks to carve out areas of agreement between the governor and legislative Democrats. The administration last week gave its first detailed description of how much its so-called consensus health care provisions would cost. According to a spreadsheet distributed Friday by Sen. James Leddy, Douglas' plan would implement a toll-free phone line for $170,000 a year; spend $6.2 million a year on his chronic care-related initiatives called for in his "Blueprint for Health"; seek $5 million a year in increased reimbursements on Medicaid payments; and spend $15.4 million in premium reimbursements for insurance policies taken out by the working poor. In all, his plan would cost an estimated $28.7 million; however, the administration predicts that its recently enacted global commitment Medicaid rescue plan would reduce that amount by $14.2 million. The administration has not yet identified how it would pay for its health care proposals. Lawmakers, however, heard from Kenneth Thorpe, a consultant they hired, who offered some suggestions of where the extra revenue could be extracted. Thorpe, a professor of health policy at Emory University, said the state could raise $54 million if it increased the sales tax to 7 percent; another $13 million by raising the meals and rooms tax to 10 percent and the alcohol tax to 11 percent; and another $51 million by expanding the sales tax to clothes, shoes, legal services, automobile repairs and computer services. The governor is generally against raising new taxes to pay for health care. Clues to where he expects to finance his health plan — and the remainder of the state's $4 billion annual tab — will come Tuesday when he addresses a joint meeting of the General Assembly to deliver his budget address. It is expected to be heavy on education assistance, property tax reduction, health care expenditures and economic development, although the administration has been sparing with details. Contact Darren Allen at darren.allen@timesargus.com Times Argus

House committee told demanding judge's resignation inappropriate (Montpelier, VT - AP) — A committee of the Vermont House is being told it would be inappropriate for the Legislature to demand the resignation of a judge whose sentencing decision lawmakers disagreed with. Judicial historian Paul Gillies told the Judiciary Committee that there are other ways for the Legislature to express its displeasure with a judicial decision. He says those include impeachment, which he doesn't endorse. Or it could involve the judicial retention process, in which judges must reapply for their jobs every six years. The Judiciary Committee is considering a resolution calling on District Court Judge Edward Cashman to resign because he sentenced a man who pleaded guilty to sexually abusing a child to as little as 60 days in prison. (Copyright 2006 by The Associated Press. All Rights Reserved.) http://www.wrgb.com/news/regional/regional.asp?selection=article_46187

Lawmakers Delay Resignation Ruling Montpelier, Vermont - January 19, 2006 The House Judiciary Committee has decided to take a wait and see attitude on the Judge Cashman sentencing controversy today. The committee has been handed a resolution that asks Cashman to resign, after he sentenced an admitted sex offender to a minimum of 60 days. Thursday, the chairman of the committee, Hinesburg Democrat Bill Lippert, said he wants to wait and see if Judge Cashman reconsiders the sentence he gave to Mark Hulett. The state has changed its corrections policy to answer Cashman's objections and give sex offenders like Hulett treatment in jail. The non-binding resolution was introduced by a host of Republicans and a couple of Democrats. The committee could endorse the resolution, reject it, or change it. The committee will not be hearing from the Judge, he sent a note saying he could not testify because it's an on-going case. http://www.wcax.com/Global/story.asp?S=4383702&nav=4QcS

Parents Express Anger Over Child Rapist's Short Sentence POSTED: 9:37 am EST January 20, 2006 UPDATED: 9:53 am EST January 20, 2006 WILLISTON, Vt. -- Parents who are upset about a 60-day sentence that Judge Edward Cashman gave to a convicted child rapist talked about their concerns in a public forum Thursday night. Cashman is catching heat for sentencing Mark Hulett, 34, to two months in jail. Hulett admitted to sexually assaulting a girl, now 10, for four years. Cashman has defended his ruling, saying it was because the state would not provide Hulett sex offender treatment while in prison. Under the judge's ruling, Hulett would receive treatment after completing his 60-day prison sentence, but could face life in prison if he is not in compliance with strict rules. At a meeting Thursday night in Williston, parents talked about the controversial ruling. "My biggest dream is to see this man (Hulett) stay where he belongs -- in my opinion -- for 25 years," said Hulett's neighbor, who did not want to be identified. The woman said she was not happy with Cashman's sentence. "It's great what they're doing tonight, but there has to be follow-up. There can't be one small place like Williston. It has to happen throughout the state," she said. Ken Wooden, a Vermont expert on child abuse, was at the meeting. He said the only way to stop sex offenders is to teach kids how to protect themselves. "If we don't do the mandatory prevention, then these guys cannot be cured. They're going to go out again and again and reap an incredible harvest," Wooden said. Most people at the meeting Thursday night said 60 days is not long enough for Hulett to be locked up. "This man is dangerous. I'm sorry. He will do it again. He will do it again," Hulett's neighbor said. Meanwhile, the House Judiciary Committee decided not to act on a Republican resolution calling on Cashman to resign. Constitutional experts said it would be inappropriate for the Legislature to demand the resignation of a judge because they disagreed with a sentencing decision But Gov. Jim Douglas said Cashman has a chance to reconsider his ruling when he hears prosecutors' motions to reconsider the 60-day sentence. "This was heinous crime repeatedly abusing this child over a four-year period," Douglas said. "Sixty or 90 days is totally unacceptable. I think playing that kind of game with a 6-to10-year-old child who is the victim of this crime is a very, very poor way to go about it." No decision is expected for at least several days. Cashman said with the case still pending, he would not comment. http://www.thechamplainchannel.com/news/6273545/detail.html?rss=pla&psp=news

Don't take it out on judge January 21, 2006 Governor Douglas was wrong to call for Judge Cashman's resignation, and Senator Wilton's was wrong to call for a mandatory minimum sentence bill on account of Judge Cashman's recent sentence of a sex offender. As Sunday's Rutland Herald article shows by quoting from the transcript of the sentencing hearing, Judge Cashman simply realized that the public would be better protected by making this criminal undergo sex offender treatment before he was released from jail rather than after his release, when he would be out in public. Punishing the criminal should never trump protecting the public. As a lawyer, I see that these goals do sometimes conflict. If the Legislature should investigate anything about this, it should investigate the corrections policy that led to Judge Cashman's decision to begin with. In sentencing criminals, as in most other things, one-size-fits-all does not work. Judges should continue to be able to impose different sentences depending on the facts of the case and even on such things as how far over capacity the prisons are. Corrections' capacity is a consideration because a judge shouldn't sentence to jail someone who poses less of a danger to society than the inmate whom Corrections will furlough to make room for the new arrival. Judges do sometimes make mistakes, like all of us. That is not a good reason to take away their discretion. Senator Wilton's calling for minimum sentences on account of what she thinks Judge Cashman did is rather like proposing to take away the state's attorneys' ability to plea-bargain just because one state's attorney has proposed a plea bargain that was too lenient. (That does happen. Usually when a judge rejects a plea bargain, as I bet Judge Cashman has done occasionally, she or he does it because the bargain is too good for the accused.) If Judge Cashman had truly made a mistake, the remedy would be for legislators to vote against him when he comes up for reconfirmation. Only then would the Legislature have a good overview of his decisions as a whole. HERBERT G. OGDEN Mount Tabor http://www.rutlandherald.com/apps/pbcs.dll/article?AID=/20060121/NEWS/601210309/1037

Sorry folks but this guy has a good point. In the begining the media didn't accuratly post what the Judge said. And now it has grown into a huge clustermess. The laws should be reviewed that tie judges hands.

Defense: Man's prison term of at least 60 days for sexual assault on girl is legal 11:24 a.m. January 23, 2006 MONTPELIER, Vt. – A lawyer for a man who was ordered to spend at least 60 days in prison for sexually assaulting a young girl says the sentence cannot legally be changed despite the outrage it spawned. In court papers, Attorney Mark Kaplan wrote that the short jail term and long probation imposed on Mark Hulett by Judge Edward Cashman was similar to other sentences meted out by Vermont courts. "The sentence in this case may not be popular, but the court cannot be swayed by the media or the mob," Kaplan wrote. Cashman has scheduled a hearing for Thursday on a prosecution motion to reconsider Hulett's sentence, Chittenden County State's Attorney Robert Simpson said Monday. He declined to comment on Kaplan's argument. Hulett's Jan. 4 sentencing sparked an outcry, led by national cable television shows, with calls for Cashman to consider resigning. Hulett, 34, pleaded guilty to charges that he had sexual contact with a girl over a four-year period beginning when she was 6. During the sentencing, Cashman said the best way to ensure public safety was to get Hulett out of prison so he could receive sex offender treatment. The treatment was not available in prison for inmates like Hulett, who were considered at low-risk of repeating their offense. Since then, the state corrections department has changed its policy and is willing to treat Hulett in prison. Kaplan said it would be illegal for Cashman to increase Hulett's sentence now because, under Vermont law, courts can reconsider only using the circumstances available at the time of the original sentencing. While the state's willingness to treat Hulett in prison can be "tantalizing" to the court, Kaplan wrote, "the fact is that those resources were not available when the court fashioned Mr. Hulett's sentence." Prosecutors and the state attorney general's office have argued Hulett's sentence was illegal because Cashman did not consider punishment as part of his sentencing package. They wanted at least 8 years and as many as 20. http://www.signonsandiego.com/news/nation/20060123-1124-judge-sexualassault.html

Sex Offender Re-sentencing Hearing Scheduled Burlington, Vermont - January 23, 2006 The stage is set for Judge Edward Cashman to reconsider a controversial sentence. Judge Cashman sent an admitted child molester to jail for 60-days because the sex offender could not get therapy in jail. Prosecutors claim the sentence is illegal because the judge included no punishment. Monday, the molester's lawyers filed a response claiming that it would be illegal to change the sentence. Judge Cashman has scheduled a Thursday morning hearing to entertain arguments about why he should-- or should not-- reconsider the sentence that has made Vermont ground zero in a raging debate over crime and punishment. "The original sentence was appropriate and I think it's a sentence the court should abide by," explained Mark Kaplan, the lawyer representing convicted child molester Mark Hulett. Kaplan claims Judge Edward Cashman has no legal right to lengthen the 60-day minimum sentence imposed on Hulett. "I don't think it's a fact that the judge can reconsider because what happens at every sentencing is, you go back, take a look at the case, just as it was the first time around," said Kaplan. Hulett admitted he sexually abused a young girl for four years starting when she was six, but the judge wanted him in sex offender treatment as soon as possible and therefore sent him to prison for only 60 days. The sentence triggered a national controversy and a call by Fox talk-show host Bill O'Reilly to "consider" boycotting Vermont. In response, Vermont prison officials changed the policy so Hulett and all sex offenders can get treatment while still behind bars. Last week, prosecutors filed a motion asking Cashman to reconsider the sentence and impose a longer one of at least eight years behind bars. They claim the change in prison policy clears the way for the judge to correct the sentence prosecutors claim is "illegal." But in his written motion filed Monday, Kaplan disagrees and argues that the changes come too late. "And so the fact that the department's willingness to change their policy is really a new fact that I don't think is appropriately in front of the court," said Kaplan. The reconsideration hearing is scheduled to be heard Thursday morning at the Chittenden County District Court in Burlington. Brian Joyce - Channel 3 News WCAX

Radio Host Wants Rally Against Cashman POSTED: 9:12 am EST January 25, 2006 UPDATED: 9:41 am EST January 25, 2006 ST. ALBANS, Vt. -- St. Albans radio talk show host Paul Beaudry said Tuesday he hopes 1,000 people show up for a Saturday rally against District Judge Edward Cashman. Cashman handed down a 60-day minimum jail sentence to convicted sex offender Mark Hulett on Jan. 4, and has become the focus of national controversy ever since. Hulett, 34, pleaded guilty last summer to sexually assaulting a girl over a four-year period, starting when she was 6 years old. Cashman said the senetnce reflected the fact that the state didn't provide treatment for sex crime inmates such as Hulett, and he wants Hulett to get the treatment. Hulett's lawyers have argued that their client's sentence is in line with similar cases in Vermont. State prosecutors plan to ask Cashman to increase the sentence to eight years in a hearing set for Thursday. Beaudry said he wants state laws to change so that judges don't have discretion in similar cases and that convicted child molesters receive mandatory higher sentences. "These criminals need to go away for a long time," Beaudry said. "I don't care about counseling -- if someone rapes a 6-year-old girl until age 10, they deserve time behind bars. I could care less about the counseling. Put them away, make them do some time." http://www.thechamplainchannel.com/news/6428093/detail.html?rss=pla&psp=news

Posted 1/26/2006 3:28 AM Vermont asks judge to rethink sex offender's 60-day sentence BURLINGTON, Vt. (AP) — When Judge Edward Cashman sentenced a man to a 60-day prison sentence for sexually abusing a child, he said he wanted to make sure he got treatment that was unavailable to the criminal from inside a jail cell. Ever since, he's been vilified by television commentators, bloggers and others who say he was too soft. Thursday, the case is scheduled to return to court, where the state hopes to convince Cashman to reconsider the sentence. The state prosecutor, Robert Simpson, said in court papers that the 60-day jail time was insufficient to constitute punishment. "This court's sentence must consider and include punishment for the defendant's action in repeatedly sexually assaulting this child," said Simpson. The firestorm began when Cashman sentenced Mark Huelett, 34, who pleaded guilty to charges that he had sexual contact with a girl during a four-year period beginning when she was 6. During the sentencing, Cashman said the best way to ensure public safety was to get Hulett out of prison so he could receive sex offender treatment. Because the Corrections Department concluded that Hulett wasn't likely to reoffend, he wouldn't be eligible to receive sex-offender treatment until he reached the end of his jail term. After the sentencing, Gov. James Douglas called for the judge to resign and several lawmakers suggested he be impeached. On Fox News, Bill O'Reilly told viewers as video of Cashman rolled: "You may be looking at the worst judge in the USA." Mark Kaplan, Hulett's lawyer, argued that the sentence, which included a long period of probation and parole, is in line with other sentences given out by Vermont courts. Cashman needs to ignore the public outcry, he said. "The sentence in this case may not be popular, but the court cannot be swayed by the media or the mob," he wrote in court papers. Simpson said he didn't know if Cashman plans to rule from the bench or wait and file a written decision at a later date. In a Jan. 12 memorandum, Cashman appeared unswayed, writing: "To change my decision now, however, simply because of some negative sentiment, would be wrong." Last week, he indicated the public outcry has been difficult. "It is difficult to endure, in silence, the type of criticism leveled to date," he wrote in another memo. http://www.usatoday.com/news/nation/2006-01-26-judge-assault_x.htm

Vermont judge imposes 3-10 year sentence for sex offender BURLINGTON, Vt. -- Judge Edward Cashman, under fire for sentencing a man to 60 days in prison for sexually abusing a child, imposed a jail term Thursday of three to 10 years. The judge said he could now impose the longer sentence because the state has agreed to provide treatment to Mark Hulett while he is behind bars. Originally the state had said such treatment would not come until Hulett was released. In the two weeks since the original sentence Cashman has been vilified by television commentators, bloggers and even the governor who say he was too light on the crime. 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. 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. Because the Corrections Department concluded that Hulett wasn't likely to reoffend, he wouldn't be eligible to receive sex-offender treatment until he reached the end of his jail term. After Cashman announced the 60-day sentence, Gov. James Douglas called for the judge to resign and several lawmakers suggested he be impeached. On Fox News, Bill O'Reilly told viewers as video of Cashman rolled: "You may be looking at the worst judge in the USA." In his order Thursday, the judge remained firm in his original belief that sentences must be concerned with more than just punishment. "The court agrees a punitive response _ punishment _ is a valuable and necessary component of society's response to criminal conduct," he said. "It is a tool that the court has routinely used for the past 24 years on the trial bench. As stated during the sentencing hearing, however, punishment is not enough of a response in some cases. "This is one of those cases," he said. Hulett accepted the longer sentence. Under the original agreement, Hulett could have opted for a trial if a jail term of more than 90 days was imposed. "I think it is fair," said Hulett's lawyer, Mark Kaplan, after the hearing. "I think it makes sense under the circumstances." Gov. James Douglas said he considered the new sentence to be too lenient. "It's 18 times 60 days, so it's certainly an improvement," said the governor. "Personally I think it's inadequate for a crime of that magnitude, but it is certainly better than the first decision." Attorney General William Sorrell said he had wished for more than the three years but praised the judge for making the change. "I would have rather seen it be a longer sentence as a message to other would be offenders, but I think Judge Cashman is big enough to change course," said Sorrell. The families of Hulett and the victim left the courtroom without comment. State Rep. Peg Flory, the House Republican leader, said it was too early to say whether Republicans will drop their resolution calling on the judge to resign. "I want to read what the decision is before I say," she said. http://www.wcax.com/Global/story.asp?S=4414550&nav=4QcS

Thursday, January 26, 2006 5:31 PM Governor says sentence too lenient for sex offender (Burlington, VT - AP) — Governor James Douglas says the three-year sexual assault sentence given to Mark Hulett today by Judge Edward Cashman is still too lenient. Douglas says it's better than the 60 days Cashman imposed three weeks ago but says he thinks the sentence is inadequate for a crime of that magnitude. In a court hearing today in Burlington, Cashman imposed the sentence because the state agreed to provide sex-offender treatment to Hulett while he is behind bars. Originally the state had said such treatment would not come until Hulett was released. Hulett accepted the longer sentence for a conviction on charges that he had sexual contact with a girl during a four-year period beginning when she was 6. http://www.wrgb.com/news/regional/regional.asp?selection=article_46731

Protesters turn out to criticize judge (St. Albans, VT - AP) — About 150 people turned out in St. Albans today to protest Judge Edward Cashman's sentencing of a sex offender. The protest was also designed to promote legislation that would set mandatory minimum sentences for sex crimes against children. The protest was organized by St. Albans radio talk show host Paul Beaudry before Cashman imposed a longer sentence for Mark Hulett. On Thursday Cashman upped the sentence to a three year minimum now that the state corrections department has decided to provide treatment to Hulett in jail. (Copyright 2006 by The Associated Press. All Rights Reserved.) http://www.wrgb.com/news/regional/regional.asp?selection=article_46859