VT - Mark Hulett for raping young girl, Williston, 2005

[dark_shadows]

Kimball went to court yesterday and the case is going to trial.The people want him punished.He thinks he should get the same as Hulett.

The court case of Derek Kimball, the second man accused of sexually assaulting a young girl at the center of the controversial Mark Hulett case, is moving toward trial.

Prosecution and defense attorneys for Kimball, 33, of Hinesburg met Tuesday for a brief, closed-door hearing with Judge Michael Kupersmith in Vermont District Court in Burlington. In open court afterward, Kupersmith set a Feb. 17 hearing date, during which he would receive another update on the status of the case.

Deputy Chittenden County State's Attorney Nicole Andreson said outside court that efforts to settle the case are not progressing.The court case of Derek Kimball, the second man accused of sexually assaulting a young girl at the center of the controversial Mark Hulett case, is moving toward trial.


Deputy Chittenden County State's Attorney Nicole Andreson said outside court that efforts to settle the case are not progressing.


Kimball has pleaded not guilty to two counts of aggravated sexual assault on a child younger than 10, and one count of lewd and lascivious conduct with a child. Police and court papers accuse Kimball of two incidents of engaging in forced rape and forced oral sex with the girl.


http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20060125/NEWS02/601250308/1007&theme=

This site includes video of the judge:
http://www.wcax.com/Global/story.asp?S=4405485

 

[dark_shadows]

(DK, please add a link)

No, I knew it was a different judge. And I still wonder if the wording of his message might have been a quiet message to Cashman and to the citizens of Vermont.
After all, Cashman's whole point seemed to be that punishment was the wrong idea for sex offenders. What they needed was treatment.
Well this judge says drug offenders need treatment also, but he made a point of saying they also need punishment for the crimes they have already committed also. Wise judge.

Cashman did Hulett's case.......
Kupersmith is doing Kimball's case......
http://www.wcax.com/Global/story.asp?S=4405485

 

[captain exposition]

Treating drug offenders and treating sex offenders are two totally differrent things. I'm not even sure that an effective method for treating sex criminals or that the psychological community even fully understands these kinds of people.

However, going to jail for possesion and going to jail for armed robbery motivated by addiction are two totally different things. If this guy can get treatment for his problems and come out of the system a better person then wonderful (although from the sound of his record that seems unlikely), but he is not being punished for his drug addiction but rather for robbing a store with a gun. He's sentence should reflect the consequences of the actual act that he committed, not the motivating factor for that act. I think he should recieve help, but that should have nothing to do with how long he is in jail.

 

[Bobbisangel]

Ya know, I think this is the biggest problem with repeat offenders- they aren't in drug treatment programs while in prison so within days, many times, within hours of release they are using again and once they use they are prone to re-offend. It's a vicious cycle and I, personally, think it's about time we begin preparing these prisoners for life outside of bars... in this day and age almost no-one serves their full sentence. So start them in intensive programs from day 1.

Teach them how to be productive members of society before they are released!

We have a lock down facility here for drug/alcohol treatment. Everyone that enters the treatment center is court ordered by a judge. We get a lot of people straight from prison. The clients stay anywhere from 60 days to 5 months. We did have a client who had been at the center several times and the last time he was there he stayed a year. This is what prisoners need when they leave prison because of drug/alcohol related crimes. Sometimes it works and sometimes it doesn't. It just depends on how much that person wants to change their lives and how sick they are of the way they have been living. We take men and women. Sometimes they come in kicking and screaming but after a period of time some people have a change of attitude and are grateful that they are there.

 

[Bobbisangel]

Treating drug offenders and treating sex offenders are two totally differrent things. I'm not even sure that an effective method for treating sex criminals or that the psychological community even fully understands these kinds of people.

However, going to jail for possesion and going to jail for armed robbery motivated by addiction are two totally different things. If this guy can get treatment for his problems and come out of the system a better person then wonderful (although from the sound of his record that seems unlikely), but he is not being punished for his drug addiction but rather for robbing a store with a gun. He's sentence should reflect the consequences of the actual act that he committed, not the motivating factor for that act. I think he should recieve help, but that should have nothing to do with how long he is in jail.

The man that molested my granddaughter + 2 other little girls throughout a period of time is in a treatment program instead of being in prison. He goes to treatment 2 days a week....has a job, can go where ever he wants and do whatever he wants. He isn't supposed to be around kids, etc. He is listed as a level 1 sex offender which means he is the least likely to offend again. What a bunch of crap that is.

Every woman this guy has ever gotten involved with since he was 19 yrs old has had a little girl. He has molested each of the girls....yet he is unlikely to re-offend!!! It is a known fact that these guys can't be cured. I don't care if they get years of treatment....it doesn't help. Any judge that thinks these guys are going to be helped with treatment is only fooling himself. Anyone that damages a child should be punished and then if the court wants to send him to some type of treatment more power to him BUT the punishment should come first.

Anyone who commits a crime should have to face the consequences of their actions. That is only fair. That should happen first and the darn judges and attorneys should knock off giving everyone plea bargains. A criminal ends up doing 1/3 of the time they are given anyway yet they just keep getting lower sentences because of plea bargains. Until this justice system makes some changes nothing is going to happen as far as less crime. I think it is a good idea for addicts to go right into a lock down facility when they are released from prison. If there are citys that don't have the facilities then there should be something done about it.

 

[dark_shadows]

The man that molested my granddaughter + 2 other little girls throughout a period of time is in a treatment program instead of being in prison. He goes to treatment 2 days a week....has a job, can go where ever he wants and do whatever he wants. He isn't supposed to be around kids, etc. He is listed as a level 1 sex offender which means he is the least likely to offend again. What a bunch of crap that is.

Every woman this guy has ever gotten involved with since he was 19 yrs old has had a little girl. He has molested each of the girls....yet he is unlikely to re-offend!!! It is a known fact that these guys can't be cured. I don't care if they get years of treatment....it doesn't help. Any judge that thinks these guys are going to be helped with treatment is only fooling himself. Anyone that damages a child should be punished and then if the court wants to send him to some type of treatment more power to him BUT the punishment should come first.

Anyone who commits a crime should have to face the consequences of their actions. That is only fair. That should happen first and the darn judges and attorneys should knock off giving everyone plea bargains. A criminal ends up doing 1/3 of the time they are given anyway yet they just keep getting lower sentences because of plea bargains. Until this justice system makes some changes nothing is going to happen as far as less crime. I think it is a good idea for addicts to go right into a lock down facility when they are released from prison. If there are citys that don't have the facilities then there should be something done about it.

Thank-you Bobbisangel for your post.It was very well written.

 

[mysteriew]

The man that molested my granddaughter + 2 other little girls throughout a period of time is in a treatment program instead of being in prison. He goes to treatment 2 days a week....has a job, can go where ever he wants and do whatever he wants. He isn't supposed to be around kids, etc. He is listed as a level 1 sex offender which means he is the least likely to offend again. What a bunch of crap that is.

Every woman this guy has ever gotten involved with since he was 19 yrs old has had a little girl. He has molested each of the girls....yet he is unlikely to re-offend!!! It is a known fact that these guys can't be cured. I don't care if they get years of treatment....it doesn't help. Any judge that thinks these guys are going to be helped with treatment is only fooling himself. Anyone that damages a child should be punished and then if the court wants to send him to some type of treatment more power to him BUT the punishment should come first.

Anyone who commits a crime should have to face the consequences of their actions. That is only fair. That should happen first and the darn judges and attorneys should knock off giving everyone plea bargains. A criminal ends up doing 1/3 of the time they are given anyway yet they just keep getting lower sentences because of plea bargains. Until this justice system makes some changes nothing is going to happen as far as less crime. I think it is a good idea for addicts to go right into a lock down facility when they are released from prison. If there are citys that don't have the facilities then there should be something done about it.

I have never understood how they can take a person who has molested or raped more than one child, and call them a level one. Level one should be restricted to those who have only been caught once. Maybe there would be a slight possibility that they would never offend again. (still need treatment though). But if they have molested or raped more than one, doesn't that give an indication that they tried it, liked it, learned to deal with any guilt they might possibly have felt, and did it again? That to me, is a major indicator that they should automatically be determined a level 2 at the very least.

 

[dark_shadows]

Here is a photo of Derek Kimball;

Kimball, 33 of Hinesburg, is accused of forcing himself on the girl and making her engage in oral sex in separate incidents before to April 2003. According to police, the girl referred to Kimball as "Uncle Derek."

Hulett, 34, of Williston, has admitted to engaging in as many as 20 instances of oral sex and fondling with the girl over the past three to four years while staying overnight at the couple's home or serving as her baby sitter when her parents were working.

The child, now 10, liked to call Hulett, "Uncle Mark," according to the police affidavits.
Chaotic home life

Police say the sexual assaults by Kimball and Hulett mostly took place inside the girl's mobile home, a place that sometimes served as a crowded crash pad for the parents' friends and their children.

"There was a very unique dynamic going on in that home," said Detective Bruce Bovat, director of the Chittenden Unit for Special Investigations. "I don't think any of us truly understand the entirety of it."

The girl's stepfather acknowledged during an interview last week that, at times, the small home was populated by 10 or more adults and children, plus a collection of cats and dogs.

He said the friends who stayed at the home did so to get away from troubles elsewhere or because they didn't have another place to go.

"We had people sleeping on the couch and everywhere," he said as he admonished an exuberant rottweiller-German shepherd mix standing on the couch, to calm down. The Free Press is not publishing the names of the victim and her parents or the location of their home to protect the child's privacy.

In a conversation with police when he was arrested Oct. 7, Kimball admitted that one of the times he sexually assaulted the girl took place in the girl's bedroom while the door to the room was open and people could be heard walking around the house, a police affidavit said.

The stepfather said he could recall only one time that Kimball stayed overnight at the house. Hulett, on the other hand, often stayed there when he wanted to get away from his parents' home, where he lived.

 

[dark_shadows]

Cashman extended Hulett's sentence from 60 days to ten years
to 3 years to 10 years.

 

[SewingDeb]

Here's a link:

http://www.foxnews.com/story/0,2933,182869,00.html

 

[dark_shadows]

Here's a link:

http://www.foxnews.com/story/0,2933,182869,00.html

Thanks SewingDeb,
I forgot to add the link in my post.
http://www.wcax.com/Global/story.asp?S=4413354

 

[SewingDeb]

No problem. I thought maybe you just heard it on the news and didn't have a link.

This just goes to show that public pressure can have results.

 

[dark_shadows]

No problem. I thought maybe you just heard it on the news and didn't have a link.

This just goes to show that public pressure can have results.

SewingDeb,
Once again thanks for the link,I appreciate it.
Yes you are right,public pressure can have results and it worked in this case.Not just the pressure from ones in our state,the outcry from people in all states helped with this one.Thank-you.Some members from this board signed the petition to help us with this.People from every state banded together to voice their opinion.They cared enough to help when they could have said "I don't care,its not my state" and go on with their daily life.That was not the case,people cared and took time out of their life.
They were the voice for the girl.

 

[2sisters]

The sentance still seems a little light but it's better than 60 days at any rate.

 

[Ntegrity]

That's still a disgustingly light sentence for repeatedly molesting a child. Vermont may have a huge influx of pedophiles as a result of this ruling. If I wanted to molest kids, that's where I'd live. :doh:

 

[SewingDeb]

SewingDeb,
Once again thanks for the link,I appreciate it.
Yes you are right,public pressure can have results and it worked in this case.Not just the pressure from ones in our state,the outcry from people in all states helped with this one.Thank-you.Some members from this board signed the petition to help us with this.People from every state banded together to voice their opinion.They cared enough to help when they could have said "I don't care,its not my state" and go on with their daily life.That was not the case,people cared and took time out of their life.
They were the voice for the girl.

I signed the petition too. They need some strict sentencing guidelines in that state.Then the judges couldn't do what Cashman did.

 

[englishleigh]

That's still a disgustingly light sentence for repeatedly molesting a child. Vermont may have a huge influx of pedophiles as a result of this ruling. If I wanted to molest kids, that's where I'd live. :doh:

Amen. Still way too lenient. :furious:

 

[Liz]

This just goes to show that public pressure can have results.

Yep, Deb.

Also, thanks to Bill O'Reilly, who repeatedly sounded off about this ridiculously light sentence on his radio show and FNC's O'Reilly Factor.

It's a shame about all the ones we never hear about though.

 

[Bobbisangel]

That's still a disgustingly light sentence for repeatedly molesting a child. Vermont may have a huge influx of pedophiles as a result of this ruling. If I wanted to molest kids, that's where I'd live. :doh:

This sentence is really a laugh. From what was said on the news tonight he will be eligible for parole in ONE year. Even though the sentence was 3-10 yrs it really is a 3 yr sentence. This was said on Nancy Grace tonight.

I'm glad that the sentence was changed but this man should have gotten a much longer sentence. Now he will probably serve a year....get treatment that won't do him a lick of good and be back on the streets searching for another little girl.

I also heard on the news that this man was a friend of the family and that the mother allowed him to sleep in the same bed as the little girl. Can you believe that one? No wonder the little girl was taken away from her mother.

 

[dark_shadows]

I also heard on the news that this man was a friend of the family and that the mother allowed him to sleep in the same bed as the little girl. Can you believe that one? No wonder the little girl was taken away from her mother.

I posted on another thread that both men slept with the girl for years.The stepfather said that he told them not to do it and they still let them.Child services also told them not allow the men to do it.
Also the mother and the step-father are mentaly disabled.They do not have jobs,they have lived off disability.