WCAX.COM Local Vermont News, Weather and Sports-"Soft" Judge Suggested Possibility of Executing Rapists

"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