Saturday, January 28, 2006

Cashman Changes 60 Day Sentence

WCAX

Judge Edward Cashman today agreed to increase a child molester's minimum prison sentence from 60 days to three years.

The judge's ruling comes three weeks after he first handed down the sentence that triggered state and national demands for his removal from the bench.

I heard that he gave Hulett 3 to 10, but most 'experts' say he will only get 3 years in prison. Cashman gave a brief statement after making the change but will not answer questions about his thinking in this case. It's worth noting that this change is after Cashman stated he would not change his mind in this case nor the sentence given. Something changed and I'm glad for it. Three years is better then 60 days but I would have like to have seen the full extent of the the law used here and have Hulett in jail for 10 years.

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My Thought On This Judge Cashman Fiasco

The whole story is reprinted in the extended section.

Judge Changes Child Molester's Sentence

Burlington Vermont -- January 26, 2006

Judge Edward Cashman today agreed to increase a child molester's minimum prison sentence from 60 days to three years.

The judge's ruling comes three weeks after he first handed down the sentence that triggered state and national demands for his removal from the bench.

Confessed child molester Mark Hulett was brought into court under heavy security: more than three dozen police officers and deputies positioned in and around the courtroom.

In part to protect Hulett but much of it also to protect Judge Edward Cashman.

The judge has reportedly been the target of thousands of complaints and threats since he handed the admitted child molester a 60-day minimum jail sentence three weeks ago. The judge said it was the only way to get Hulett into sex offender therapy quickly because of prison policy. The state has since changed the policy.

Today prosecutor Bob Simpson repeated his request for a minimum eight year sentence, telling Judge Cashman that he had had illegally failed to include punishment in the sentence.

"That day (the Jan 4 sentencing hearing) you said that, based on your experience, you believe that "just desserts" sentences accomplish nothing of value," Simpson, Chittenden County State's Attorney, told Judge Cashman. "The Supreme Court has said for many years that punishment is an essential component of sentencing," added Simpson.

Hulett's lawyer Mark Kaplan argued that the judge could not legally change the sentence and should not cave in to public pressure.

"I think you need to do more than say to the judge the public deserves its "just desserts," because God forbid that we have a sentencing system where the sentences are handed down based solely on what the public wants," said Kaplan.

When the lawyers finished, Judge Cashman produced a prepared statement explaining why he decided to lengthen Hulett's sentence from a minimum of 60 days to 3 years.

"The department of corrections has now offered a sentencing option in this case that includes sex offender treatment during imprisonment. The court agrees a punitive response is a valuable and necessary component of society's response to criminal conduct. It is a tool that this 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. For the reason stated in the first reconsideration order this is one of those cases," said the Judge. "Mark Hulett shall serve a term of imprisonment in the custody of the Commissioner of Corrections of not less than three years nor more than ten years," he added.

Prosecutor Bob Simpson said he was disappointed in the sentence and stands by his belief that Mark Hulett should have been sentenced to at least eight years in prison.

Despite his claim that extending the sentence would be illegal, Hulett's lawyer Mark Kaplan said Hulett will accept the longer jail term and does not plan to appeal.

posted by David at 5:16 AM :: Permalink ::

Comments on "Cashman Changes 60 Day Sentence"

 

Anonymous Anonymous said ... (04 March, 2007 17:51) : 

best regards, nice info »

 

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