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Lt. Gov. Brian Dubie Proposes 10 Action Steps to Protect Vermont's Children

FOR IMMEDIATE RELEASE

Contact:  Martha Hanson , (802) 828-2226


January 27,2006


By Brian Dubie

A tragic crime has occurred in our state.

Two adult men sexually molested and preyed upon a 6-year old girl over a four-year period. On January 4, Judge Edward Cashman sentenced the first man, Mark Hulett, to 60 days in prison. Now, some 3 weeks later, the judge has resentenced Mr. Hulett to 3 to 10 years behind bars.

The original sentence generated attention and outrage, not only in Vermont, but also nationally and even internationally.

Now is time to transform that outrage into positive energy. We have an opportunity to ensure that other children in Vermont like this brave young girl receive justice. We have an opportunity to tell her, as well as other abused children who have yet to come forward, that we care, and we will protect her. And we have an opportunity to redouble our efforts to prevent other children from falling victim to sexual crimes.

In his Reconsideration Sentence Order, Judge Cashman cited the state sentencing laws on which he based his ruling. Those laws must change.

I agree with the Judge that anyone who sexually molests children should be treated before release. An untreated molester is a ticking time bomb waiting to explode.

The State of Vermont makes a very strong case for a longer sentence in its Motion for Sentence Reconsideration. The longer sentence, the State said, “would impose appropriate punishment, would incapacitate the Defendant, would deter future criminal conduct on the part of the Defendant and others and would allow the Defendant to engage in rehabilitative treatment before release from a secure incarcerate facility.” The Department of Corrections has now expanded its policy to provide for treatment for offenders like Mark Hulett while still behind bars.

In reading the 114-page transcript from the sentencing hearing, I was stricken by how heavily Judge Cashman’s decision was influenced by the horrific case of Ed Towne. As the Associated Press reported, “Cashman said he did not want to see another case like that of Ed Towne, who was released after completing the state’s then-new sex offender program in 1986 and a short time later killed 15-year-old Paulette Crickmore of Richmond.”

While I applaud Judge Cashman’s motivation to protect society from another repeat sex offender, I would respectfully suggest that a better way would be to put Mark Hulett behind bars for a longer sentence, and also give him the treatment he needs. I’m glad he’ll have both.

The Vermont Commission on Women released a statement on January 11, which said that it “supports legislation, policies, programs, and initiatives that work to prevent and adequately respond to the emotional, physical, and sexual abuse of Vermont’s children.”

I believe it is imperative that we act on their recommendation. To that end, I propose the following course of action for our state.

Ten Action Steps for Safer Children

1. Ensure that the little girl who is the victim of this crime gets the therapy she needs.

2. Enact the Governor's Safe Communities legislation.

3. Enact Jessica's Law.

4. Amend 28 VSA Sec. 1, and other state statutes cited by Judge Cashman for legislative intent in sentencing.

5. Adopt a program like Child Lures Prevention, to help parents and children recognize and avoid sexual predators and pedophiles.

6. Require by law that prison sentencing for sexual predators must include treatment as a condition of release.

7. Form KIDS FIRST Committee, composed of concerned Vermonters, interest groups and organizations.

8. Strengthen laws outlawing the sexual exploitation of children and possession of child pornography.

9. Amend state law to make judicial retention votes by legislators a matter of public record.

10. Draft a resolution to raise public awareness about the inadequacy of the Children's Online Privacy Protection Act of 1998 (COPPA), which, because of the current age designation, is allowing mass proliferation of websites that exploit the inherent risk-taking behavior (and immature cruelty towards each other) of underage children, and exposing them to cyber bullying, predators and pedophiles.