• With: Jesse Watters

    UNIDENTIFIED FEMALE 1: Oh, my gosh. He should be in prison for a long time.

    UNIDENTIFIED MALE 3: Fifteen, 20 years.

    UNIDENTIFIED MALE 4: Next 10, 15 years. Teach him a lesson.

    WATTERS: Your daughter, what was she like.

    AULIEA HANLON, MOTHER OF RAPE VICTIM CHERICE GONZALEZ: Energetic, artistic, very artistic.

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    She used to write poetry and -- she was just fabulous.

    WATTERS: This guy violated your daughter and, now, could be out in just a few weeks from jail. How are you processing that.

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    HANLON: I'm going to let karma handle that because I don't believe he'll be safe.

    WATTERS: Hey, judge. Good morning, Jesse Watters of Fox News. How are you doing. You had a guy who repeatedly raped a 14-year-old girl and you gave him just 30 days in jail. Can you explain that, please.

    BAUGH: Fifteen years suspended.

    WATTERS: But 30 days in jail. You think that's an appropriate sentence, judge. What if that had been your daughter. What if that had been your daughter.

    What if that had been your daughter, judge.

    BAUGH: Excuse me.

    WATTERS: Judge, you answer the question.

    You seem like you had a lot of faith.

    HANLON: Yes, in people. Yes, in God definitely. I'm still standing so, you know, I've got to be doing something right.

    (END VIDEOTAPE)

    O'REILLY: OK, here's Watters. Now, let's go over this thing. There is a chance that this guy is going to get a stiffer sentence. The state is going to go back and pose it, right.

    WATTERS: Yes, it's an illegal sentence under Montana State Law. It's a two-year mandatory minimum --

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    for statutory rape --

    O'REILLY: So, Baugh not only --

    WATTERS: -- on a 14-year-old.

    O'REILLY: Right. Not only did he give an outrageous sentence but it was illegal.

    WATTERS: It was an illegal sentence.

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    So, he tried to have a do-over and tried to change the sentence but the Montana Supreme Court intercepted it and said, "No, no, no."

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    This is going to have to go through the National Appeals process.

    So, the state is appealing, which could take almost a year and a half. Meanwhile, the perp could be out in October.

    REILLY: But wait a minute though. Why didn't they want to just fast- track it, the Montana Supreme Court.

    WATTERS: They said it could take between six months and a year and a half for it finally to go through the judicial process of appeal.

    O'REILLY: When he gets out of jail in October, if he does, --

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    -- does he have to stay at home, you know, since -- what, what --

    WATTERS: No, there's no monitoring of him.

    O'REILLY: Nothing.

    WATTERS: He has to go through sex offender treatment. And, actually, what happened, he failed and was kicked out of the last sex offender treatment he had. He had contact with minors, OK, --