Vermont judge imposes 3-10 year sentence for sex offender

BURLINGTON, Vt. --A Vermont judge facing intense criticism for the 60-day jail sentenced he gave an admitted child molester changed his mind Thursday and increased the sentence to a minimum of three years.

Judge Edward Cashman said he would have given the three-year to 10-year sentence to Mark Hulett at the original sentencing Jan. 4, but at that point Hulett was not eligible for in-prison sex offender treatment. He now is.

Cashman, who has been criticized by top state officials as a judge who no longer believed in punishment, affirmed that punishment was a "valuable and necessary component of society's response to criminal conduct."

"As stated during the sentencing hearing, however, punishment is not enough of a response in some cases," Cashman said in court. "This is one of those cases."

Hulett, after consulting with his attorney, accepted the deal and will serve a minimum of three years in prison as part of a 10-year sentence. He will then spend the rest of his life on probation or parole. During his prison term, Hulett will undergo sex offender treatment.

In the three 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 got out of jail.

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 the aftermath of Cashman's ruling, Human Services Secretary Michael Smith ordered the Department of Corrections to change its policy to allow low-risk sex offenders to receive treatment in prison.

In imposing the longer sentence, Cashman gave Hulett the option of withdrawing the guilty pleas he entered last summer. In addition to the three-year to 10-year sentence, Hulett will also serve two additional consecutive sentences that will keep him on probation or parole for the rest of his life.

After consulting with his attorney, Hulett accepted the longer sentence.

"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.

On his television program Thursday night, O'Reilly said the sentence "is still far too lenient" and that he will continue to push for Cashman to be moved to civil court.

"Cashman's concern for the rehabilitation of Hulett overrode justice for the abused child," he said. "This cannot happen in the USA."