Unbelieveable: 60 days for child rape
Posted by DarthDilbert at 1/05/2006 10:47:00 AMThis wasn't the first time that Judge Edward Cashman was negligent in his duty. In a report from 7 November 2005, he ignored Vermont law and threw out a drunk driving charge. Another example is found in the Rutland Herald from 24 December 2005 where Cashman sentenced Douglas Provost "to life without parole, instead of the statutory maximum of life with a minimum term of 35 years, for each person he killed. The ruling complied with state law, but violated a 2000 U.S. Supreme Court decision that said any penalty beyond the statutory maximum must be submitted to a jury, and the citizen panel must conclude the aggravating factors are true beyond a reasonable doubt."
This is interesting when you compare it to a piece that Cashman published in the Vermont Bar Association's June 2004 journal entitled "Civility as a Tool of Persuasion" where he said that juries "serve as the buffer protecting the citizen from the overzealous prosecutor and the erratic judge." In his "Communication Rule" he said that "You cannot litigate effectively if you cannot communicate sensibly." Sadly, he didn't take his own advice.
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